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A general view of the exterior of the headquarters of Norfolk Southern on April 1, 2023 in Atlanta, Georgia. 

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Norfolk Southern is almost two months into a battle with activist investor Ancora, which is trying to shake up the railroad’s board and oust CEO Alan Shaw.

Now the firm is taking aim at Norfolk Southern’s new operating chief John Orr over what the activist calls an “excessive” buyout package and a career marred by allegations of racial and sexual discrimination.

Last month, Norfolk Southern hired Orr away from rival CPKC, paying tens of millions of dollars to buy him out of his contract. The move was widely seen as a response to Ancora’s operational criticisms and received praise from several Wall Street analysts.

In a letter to Norfolk Southern shareholders on Friday, Ancora highlighted past misconduct by Orr that raises questions about his hiring, even as the executive has overseen improvements in the railroad’s operations in his three weeks on the job.

Ancora documented both alleged and substantiated workplace misconduct by Orr, dating back to his time as a mid-level executive at Canadian National. An appointee of the Canadian Arbitration Board substantiated allegations that Orr used verbally abusive language toward a female employee in the early 2000s. 

The employee and another witness told the employment tribunal at the time that Orr regularly cursed and shouted at the employee, and called her a “f—— b—-” and a “f—— idiot.” A witness told the arbitrator that, in one instance, Orr told the employee that she “was so f—— stupid it was embarrassing.”

The arbitrator found the claims credible. 

Norfolk Southern CEO: We have offered board seats to activist investor

Ancora also flagged a lawsuit filed in 2019 by a Black executive, who described Orr’s treatment of employees and subordinates as “abysmal.” The suit was filed against Canadian National, alleging racial discrimination.

Orr’s behavior was allegedly “so bad” that Canadian National was forced to provide executive coaching for him, according to a 2020 filing in the lawsuit. Orr’s deposition is sealed and the case was settled in 2022.

Prior to the announced hiring of Orr, Ancora drew attention to claims about his behavior in emails to two Norfolk Southern board members that CNBC obtained.

Ancora said in its statement on Friday that the hiring of Orr was a costly proposition that’s harming shareholders. As part of the agreement, Norfolk Southern said it would pay Orr’s prior employer $25 million in cash and provide additional unspecified concessions for a key rail hub and route in the southern U.S. Norfolk Southern values that particular part of the route at around 1% of its revenues.

When it announced Orr’s hiring, Norfolk Southern didn’t disclose the initial impact of the concessions or the estimated knock-on effects in the years to come.

‘Flawed premise’

Norfolk Southern told CNBC in a statement that Ancora’s analysis of the value of the route — the Meridian Speedway agreement — “is completely inaccurate and based on a flawed premise,” in that it assumes Norfolk Southern is forgoing more revenue than it actually is.

“As we previously stated, this revised agreement is by no means a consequential concession,” the company said.

Ancora is seeking to oust Norfolk Southern’s Shaw along with Orr in favor of former UPS CEO Jim Barber and former CSX Executive Vice President Jamie Boychuk, respectively. The activist has said that Norfolk Southern is dramatically underperforming its peers, and has laid the blame at the feet of Shaw and the board.

Regarding Orr, Norfolk Southern said he has a “track record of improving performance while operating safely and with integrity.”

“Ancora’s attempt to malign John by dredging up claims against his former employer, one of which is from over 20 years ago, is nothing more than an attempt to distract from the facts about their deeply flawed COO candidate, Jamie Boychuk,” a company spokesperson told CNBC. “Mr. Orr and Mr. Boychuk’s track records and industry reputations are simply not comparable.”

Jamie Boychuk and John Orr.

Courtesy: Longacre Square Partners and Norfolk Southern

In February 2023, a Norfolk Southern freight train derailed in East Palestine, Ohio, releasing toxic chemicals into the environment and prompting a political fight regarding railroad safety. Since then, the stock is roughly flat while the S&P 500 is up 26%.

Norfolk Southern’s shareholders meeting is scheduled for May 9.

Ancora has gained the backing of other stakeholders in its fight with the company. Neuberger Berman, which holds a small position in Norfolk Southern, said on Friday that it would support Ancora’s slate, citing a “history of poor governance that has long preceded” the railroad’s transformation efforts.

A settlement between the two sides appears unlikely, Gordon Haskett analyst Don Bilson said in a Friday note to clients. Shaw previously told CNBC that the company offered Ancora a “couple” of board seats in a settlement offer.

Ancora told CNBC that it’s made repeated attempts to settle with the company, both directly and through advisors. Any settlement, from Ancora’s perspective, would be contingent on a board refresh and Shaw’s ouster. The board has repeatedly expressed confidence in Shaw and has said it isn’t interested in a settlement that would lead to his departure.

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Microsoft launches consumption-based 365 Copilot Chat option for corporate users

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Microsoft launches consumption-based 365 Copilot Chat option for corporate users

Microsoft Chairman and CEO Satya Nadella speaks during the Microsoft May 20 Briefing event at Microsoft in Redmond, Washington, on May 20, 2024. Nadella unveiled a new category of PC on Monday that features generative artificial intelligence tools built directly into Windows, the company’s world leading operating system.

Jason Redmond | AFP | Getty Images

Microsoft on Wednesday announced a tier of its Copilot assistant for corporate users with a consumption-based pricing model. The new Microsoft 365 Copilot Chat option represents an alternative to the Microsoft 365 Copilot, which organizations have been able to pay for based on the number of employees with access to it.

The introduction shows Microsoft’s determination to popularize generative artificial intelligence software in the workplace. Several companies have adopted the Microsoft 365 Copilot since it became available for $30 per person per month in November 2023, but one group of analysts recently characterized the product push as “slow/underwhelming.”

Copilot Chat can be an on-ramp to Microsoft 365 Copilot, with a lower barrier to entry, Jared Spataro, Microsoft’s chief marketing officer for AI at work, said in a CNBC interview this week. Both offerings rely on artificial intelligence models from Microsoft-backed OpenAI.

Copilot Chat can fetch information from the web and summarize text in uploaded documents, and people using it can create agents that perform tasks in the background. It can enrich answers with information from customers’ files and third-party sources.

Unlike Microsoft 365 Copilot, Copilot Chat can’t be found in Office applications such as Word and Excel. People can reach Copilot Chat starting today in the Microsoft 365 Copilot app for Windows, Android and iOS. The app is formerly known as Microsoft 365 (Office). It’s also available from the web at m365copilot.com, a spokesperson said.

Some management teams have resisted paying Microsoft to give the 365 Copilot to thousands of employees because they weren’t sure how helpful it would be at the $30 monthly price. Costs will vary for the Copilot Chat depending on what employees do with it, but at least organizations won’t end up paying for nonuse.

“As one customer said to me, this model lets the business value prove itself,” Spataro said.

Microsoft tallies up charges for Copilot Chat based on the tally of “messages” that a client uses. Each “message” costs a penny, according to a blog post. Responses that draw on the client’s proprietary files cost 30 “messages” each. Every action that an agent takes on behalf of employees costs 25 “messages.”

“We’re talking a cent, 2 cents, 30 cents, and that is a very easy way for people to get started,” Spataro said.

Salesforce charges $2 per conversation for its Agentforce AI chat service, where employees can set up automated sales and customer service processes.

The number of people using Microsoft 365 Copilot every day more than doubled quarter over quarter, CEO Satya Nadella said in October, although he did not disclose how many were using it. But sign-ups have been mounting. UBS said in October that it had 50,000 Microsoft 365 Copilot licenses, and in November, Accenture committed to having 200,000 users of the tool.

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These Chinese apps have surged in popularity in the U.S. A TikTok ban could ensnare them

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These Chinese apps have surged in popularity in the U.S. A TikTok ban could ensnare them

Lemon8, a photo-sharing app by Bytedance, and RedNote, a Shanghai-based content-sharing platform, have seen a surge in popularity in the U.S. as “TikTok refugees” migrate to alternative platforms ahead of a potential ban. 

Now a law that could see TikTok shut down in the U.S. threatens to ensnare these Chinese social media apps, and others gaining traction as TikTok-alternatives, legal experts say. 

As of Wednesday, RedNote — known as Xiaohongshu in Chinawas the top free app on the U.S. iOS store, with Lemon8 taking the second spot. 

The U.S. Supreme Court is set to rule on the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, or PAFACA, that would lead to the TikTok app being banned in the U.S. if its Beijing-based owner, ByteDance, doesn’t divest it by Jan. 19.

While the legislation explicitly names TikTok and ByteDance, experts say its scope is broad and could open the door for Washington to target additional Chinese apps. 

“Chinese social media apps, including Lemon8 and RedNote, could also end up being banned under this law,” Tobin Marcus, head of U.S. policy and politics at New York-based research firm Wolfe Research, told CNBC. 

If the TikTok ban is upheld, it will be unlikely that the law will allow potential replacements to originate from China without some form of divestiture, experts told CNBC.

PAFACA automatically applies to Lemon8 as it’s a subsidiary of ByteDance, while RedNote could fall under the law if its monthly average user base in the U.S. continues to grow, said Marcus. 

The legislation prohibits distributing, maintaining, or providing internet hosting services to any “foreign adversary controlled application.” 

These applications include those connected to ByteDance or TikTok or a social media company that is controlled by a “foreign adversary” and has been determined to present a significant threat to national security.

The wording of the legislation is “quite expansive” and would give incoming president Donald Trump room to decide which entities constitute a significant threat to national security, said Carl Tobias, Williams Chair in Law at the University of Richmond. 

Xiaomeng Lu, Director of Geo‑technology at political risk consultancy Eurasia Group, told CNBC that the law will likely prevail, even if its implementation and enforcement are delayed. Regardless, she expects Chinese apps in the U.S. will continue to be the subject of increased regulatory action moving forward.

“The TikTok case has set a new precedent for Chinese apps to get targeted and potentially shut down,” Lu said.

She added that other Chinese apps that could be impacted by increased scrutiny this year include popular Chinese e-commerce platform Temu and Shein. U.S. officials have accused the apps of posing data risks, allegations similar to those levied against TikTok.

The fate of TikTok rests with Supreme Court after the platform and its parent company filed a suit against the U.S. government, saying that invoking PAFACA violated constitutional protections of free speech.

TikTok’s argument is that the law is unconstitutional as applied to them specifically, not that it is unconstitutional per se, said Cornell Law Professor Gautam Hans. “So, regardless of whether TikTok wins or loses, the law could still potentially be applied to other companies,” he said. 

The law’s defined purview is broad enough that it could be applied to a variety of Chinese apps deemed to be a national security threat, beyond traditional social media apps in the mold of TikTok, Hans said. 

Trump, meanwhile, has urged the U.S. Supreme Court to hold off on implementing PAFACA so he can pursue a “political resolution” after taking office. Democratic lawmakers have also urged Congress and President Joe Biden to extend the Jan. 19 deadline

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Nvidia-backed AI video platform Synthesia doubles valuation to $2.1 billion

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Nvidia-backed AI video platform Synthesia doubles valuation to .1 billion

Synthesia is a platform that lets users create AI-generated clips with human avatars that can speak in multiple languages.

Synthesia

LONDON — Synthesia, a video platform that uses artificial intelligence to generate clips featuring multilingual human avatars, has raised $180 million in an investment round valuing the startup at $2.1 billion.

That’s more than than double the $1 billion Synthesia was worth in its last financing in 2023.

The London-based startup said Wednesday that the funding round was led by venture firm NEA with participation from Atlassian Ventures, World Innovation Lab and PSP Growth.

NEA counts Uber and TikTok parent company ByteDance among its portfolio companies. Synthesia is also backed by chip giant Nvidia.

Victor Riparbelli, CEO of Synthesia, told CNBC that investors appraised the businesses differently from other companies in the space due to its focus on “utility.”

“Of course, the hype cycle is beneficial to us,” Riparbelli said in an interview. “For us, what’s important is building an actually good business.”

Synthesia isn’t “dependent” on venture capital — as opposed to companies like OpenAI, Anthropic and Mistral, Riparbelli added.

These startups have raised billions of dollars at eye-watering valuations while burning through sizable amounts of money to train and develop their foundational AI models.

Read more CNBC reporting on AI

Synthesia’s not the only startup shaking up the world of video production with AI. Other startups offer solutions for producing and editing video content with AI, like Veed.io and Runway.

Meanwhile, the likes of OpenAI and Adobe have also developed generative AI tools for video creation.

Eric Liaw, a London-based partner at VC firm IVP, told CNBC that companies at the application layer of AI haven’t garnered as much investor hype as firms in the infrastructure layer.

“The amount of money that the application layer companies need to raise isn’t as large — and therefore the valuations aren’t necessarily as eye popping” as companies like Nvidia,” Liaw told CNBC last month.

Riparbelli said that money raised from the latest financing round would be used to invest in “more of the same,” furthering product development and investing more into security and compliance.

Last year, Synthesia made a series of updates to its platform, including the ability to produce AI avatars using a laptop webcam or phone, full-body avatars with arms and hands and a screen recording tool that has an AI avatar guide users through what they’re viewing.

On the AI safety front, in October Synthesia conducted a public red team test for risks around online harms, which demonstrated how the firm’s compliance controls counter attempts to create non-consensual deepfakes of people or use its avatars to encourage suicide, adult content or gambling.

The National Institute of Standards and Technology test was led by Rumman Chowdhury, a renowned data scientist who was formerly head of AI ethics at Twitter — before it became known as X under Elon Musk.

Riparbelli said that Synthesia is seeing increased interest from large enterprise customers, particularly in the U.S., thanks to its focus on security and compliance.

More than half of Synthesia’s annual revenue now comes from customers in the U.S., while Europe accounts for almost half.

Synthesia has also been ramping up hiring. The company recently tapped former Amazon executive Peter Hill as its chief technology officer. The company now employs over 400 people globally.

Synthesia’s announcement follows the unveiling of Prime Minister Keir Starmer’s 50-point plan to make the U.K. a global leader in AI.

U.K. Technology Minister Peter Kyle said the investment “showcases the confidence investors have in British tech” and “highlights the global leadership of U.K.-based companies in pioneering generative AI innovations.”

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