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Jeff Lawson CEO, Twilio

Scott Mlyn | CNBC

Cloud software developer Twilio has hired Qatalyst Partners, the investment bank founded by Frank Quattrone, to advise on its defense against a group of activist investors, according to two people with knowledge of the matter.

Qatalyst, which previously advised Segment when Twilio purchased it for $3.2 billion in 2020, has been working on the activist matter for months, one of the the people said. Qatalyst launched an activist practice the same year as the Segment deal. While Qatalyst has typically worked to help companies sell themselves, this assignment is focused on the activist defense situation, said these people.

Both sources asked not to be named due to confidentiality. Twilio’s technology makes it easier for companies to communicate with customers and employees through mobile devices.

Twilio shares slipped as much as 1.8% in Wednesday morning trading, before paring back losses.

Legion Partners, an activist firm based in Los Angeles, took a stake in Twilio earlier this year and began pushing the company to overhaul its board and strategy. Legion’s engagement was led by Sagar Gupta, who left the firm in October for Anson Funds, where he amassed a similar stake.

Twilio shares have gained 45% this year, but that follows a miserable 2022, during which the company lost more than 80% of its value. The stock is 84% off its record reached in early 2021. Annual revenue growth slipped to just 5% in the most recent quarter down from over 30% in the same period last year and over 60% in the third quarter of 2021.

The activist groups have told Twilio it should at least sell an underperforming unit, its data and applications business, which includes Segment. Twilio CEO Jeff Lawson, who co-founded the company in 2008, said last week that the company would lay off 5% of its employees, with the deepest cuts inside the data and applications unit.

The downsizing followed a corporate reorganization earlier this year that included layoffs amounting to 17% of Twilio’s staff.

Qatalyst is best known for its mergers and acquisitions practice rather than shareholder defense. One of the people familiar with the matter said the bank’s current involvement with Twilio is not a precursor to a sale of the company.

A spokesperson for Twilio declined to comment. Qatalyst did not respond to a request for comment.

Qatalyst was founded in 2008 by Quattrone, who stepped down as CEO in 2016 but remains executive chairman. The firm has advised on some of Silicon Valley’s largest recent deals, including Microsoft’s $28.1 billion acquisition of LinkedIn, Salesforce’s $29.2 billion purchase of Slack and Block’s $22 billion acquisition of Afterpay. Qatalyst also worked on Cisco’s pending $29.6 billion acquisition of Splunk and Adobe’s purchase of Figma, which is awaiting regulatory clearance.

Qatalyst’s activist practice is helmed by Peter Michelsen, who was hired in June 2020 from Goldman Sachs‘ activist advisory group. Michelsen says on his LinkedIn page that he advises “Qatalyst’s clients across all technology sectors on matters including activism defense, proxy fights, contested situations, defense preparedness and complex ESG matters.” ESG stands for environmental, social and corporate governance.

— CNBC’s Alex Sherman contributed to this report.

WATCH: Twilio CEO says company is focused on customers, not competitors

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Amazon was questioned by House China committee over ‘dangerous and unwise’ TikTok partnership

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Amazon was questioned by House China committee over 'dangerous and unwise' TikTok partnership

Amazon logo on a brick building exterior, San Francisco, California, August 20, 2024.

Smith Collection | Gado | Archive Photos | Getty Images

Amazon representatives met with the House China committee in recent months to discuss lawmaker concerns over the company’s partnership with TikTok, CNBC confirmed.

A spokesperson for the House Select Committee on the Chinese Communist Party confirmed the meeting, which centered on a shopping deal between Amazon and TikTok announced in August. The agreement allows users of TikTok, owned by China’s ByteDance, to link their account with Amazon and make purchases from the site without leaving TikTok.

“The Select Committee conveyed to Amazon that it is dangerous and unwise for Amazon to partner with TikTok given the grave national security threat the app poses,” the spokesperson said. The parties met in September, according to Bloomberg, which first reported the news.

Representatives from Amazon and TikTok did not immediately respond to CNBC’s request for comment.

TikTok’s future viability in the U.S. is uncertain. In April, President Joe Biden signed a law that requires ByteDance to sell TikTok by Jan. 19. If TikTok fails to cut ties with its parent company, app stores and internet hosting services would be prohibited from offering the app.

President-elect Donald Trump could rescue TikTok from a potential U.S. ban. He promised on the campaign trail that he would “save” TikTok, and said in a March interview with CNBC’s “Squawk Box” that “there’s a lot of good and there’s a lot of bad” with the app.

In his first administration, Trump had tried to implement a TikTok ban. He changed his stance around the time he met with billionaire Jeff Yass. The Republican megadonor’s trading firm, Susquehanna International Group, owns a 15% stake in ByteDance, while Yass has a 7% stake in the company, NBC and CNBC reported in March.

— CNBC’s Jonathan Vanian contributed to this report.

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Amazon launches fixed pricing for treatment of conditions such as hair loss. Hims & Hers stock drops 15%

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Amazon launches fixed pricing for treatment of conditions such as hair loss. Hims & Hers stock drops 15%

A worker delivers Amazon packages in San Francisco on Oct. 24, 2024.

David Paul Morris | Bloomberg | Getty Images

Amazon on Thursday announced Prime members can access new fixed pricing for treatment of conditions like erectile dysfunction and men’s hair loss, its latest effort to compete with other direct-to-consumer marketplaces such as Hims & Hers Health and Ro.

Shares of Hims & Hers fell as much as 17% on Thursday, on pace for its worst day.

Amazon said in a blog post that Prime members can see the cost of a telehealth visit and their desired treatment before they decide to proceed with care for five common issues. Patients can access treatment for anti-aging skin care starting at $10 a month; motion sickness for $2 per use; erectile dysfunction at $19 a month; eyelash growth at $43 a month, and men’s hair loss for $16 a month by using Amazon’s savings benefit Prime Rx at checkout.

Amazon acquired primary care provider One Medical for roughly $3.9 billion in July 2022, and Thursday’s announcement builds on its existing pay-per-visit telehealth offering. Video visits through the service cost $49, and messaging visits cost $29 where available. Users can get treatment for more than 30 common conditions, including sinus infection and pink eye.

Medications filled through Amazon Pharmacy are eligible for discounted pricing and will be delivered to patients’ doors in standard Amazon packaging. Prime members will pay for the consultation and medication, but there are no additional fees, the blog post said.

Amazon has been trying to break into the lucrative health-care sector for years. The company launched its own online pharmacy in 2020 following its acquisition of PillPack in 2018. Amazon introduced, and later shuttered, a telehealth service called Amazon Care, as well as a line of health and wellness devices.

The company has also discontinued a secretive effort to develop an at-home fertility tracker, CNBC reported Wednesday.

— CNBC’s Annie Palmer contributed to this report.

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WikiLeaks whistleblower Chelsea Manning says censorship is still ‘a dominant threat’

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WikiLeaks whistleblower Chelsea Manning says censorship is still 'a dominant threat'

Chelsea Manning: Censorship still a dominant threat

Former U.S. Army intelligence analyst Chelsea Manning says censorship is still “a dominant threat,” advocating for a more decentralized internet to help better protect individuals online.

Her comments come amid ongoing tension linked to online safety rules, with some tech executives recently seeking to push back over content moderation concerns.

Speaking to CNBC’s Karen Tso at the Web Summit tech conference in Lisbon, Portugal, on Wednesday, Manning said that one way to ensure online privacy could be “decentralized identification,” which gives individuals the ability to control their own data.

“Censorship is a dominant threat. I think that it is a question of who’s doing the censoring, and what the purpose is — and also censorship in the 21st century is more about whether or not you’re boosted through like an algorithm, and how the fine-tuning of that seems to work,” Manning said.

“I think that social media and the monopolies of social media have sort of gotten us used to the fact that certain things that drive engagement will be attractive,” she added.

“One of the ways that we can sort of countervail that is to go back to the more decentralized and distribute the internet of the early ’90s, but make that available to more people.”

Nym Technologies Chief Security Officer Chelsea Manning at a press conference held with Nym Technologies CEO Harry Halpin in the Media Village to present NymVPN during the second day of Web Summit on November 13, 2024 in Lisbon, Portugal. 

Horacio Villalobos | Getty Images News | Getty Images

Asked how tech companies could make money in such a scenario, Manning said there would have to be “a better social contract” put in place to determine how information is shared and accessed.

“One of the things about distributed or decentralized identification is that through encryption you’re able to sort of check the box yourself, instead of having to depend on the company to provide you with a check box or an accept here, you’re making that decision from a technical perspective,” Manning said.

‘No longer secrecy versus transparency’

Manning, who works as a security consultant at Nym Technologies, a company that specializes in online privacy and security, was convicted of espionage and other charges at a court-martial in 2013 for leaking a trove of secret military files to online media publisher WikiLeaks.

She was sentenced to 35 years in prison, but was later released in 2017, when former U.S. President Barack Obama commuted her sentence.

Asked to what extent the environment has changed for whistleblowers today, Manning said, “We’re at an interesting time because information is everywhere. We have more information than ever.”

She added, “Countries and governments no longer seem to invest the same amount of time and effort in hiding information and keeping secrets. What countries seem to be doing now is they seem to be spending more time and energy spreading misinformation and disinformation.”

Manning said the challenge for whistleblowers now is to sort through the information to understand what is verifiable and authentic.

“It’s no longer secrecy versus transparency,” she added.

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