Benchmark sues Kalanick for fraud Benchmark sues Kalanick for fraud Reuters

Benchmark sues Kalanick for fraud

The venture capital firm suing the former Uber CEO for fraud, breach of contract and breach of fiduciary duty.

 

The battle between Benchmark Capital and Travis Kalanick just went nuclear, with the venture capital firm suing the former Uber CEO for fraud, breach of contract and breach of fiduciary duty. The complaint was filed earlier today in Delaware Chancery Court.

Key graph, per the suit: "Kalanick, the former CEO of Uber, to entrench himself on Uber's Board of Directors and increase his power over Uber for his own selfish ends. Kalanick's overarching objective is to pack Uber's Board with loyal allies in an effort to insulate his prior conduct from scrutiny and clear the path for his eventual return as CEO—all to the detriment of Uber's stockholders, employees, driver-partners, and customers."

Why it matters: If Benchmark's suit is successful, Kalanick would be kicked off Uber's board of directors -- thus eliminating any faint hopes of him returning to the company in a substantial role.

 

What to know: Benchmark was an early investor in Uber, and has a seat on its board of directors. It also helped spearhead the move to have Kalanick resign in June, and tensions between the two have contributed, in part, to the slow pace of finding a replacement. Oh, and venture capital firms don't usually sue fellow board members of their single most valuable investment.

Complaint: The suit revolves around the June 2016 decision to expand the size of Uber's board of voting directors from eight to 11, with Kalanick having the sole right to designate those seats. Kalanick would later name himself to one of those seats following his resignation, since his prior board seat was reserved for the company's CEO. The other two seats remain unfilled. Benchmark argues that it never would have granted Kalanick those three extra seats had it known about his "gross mismanagement and other misconduct at Uber" — which Benchmark claims included "pervasive gender discrimination and sexual harassment," and the existence of confidential findings (a.k.a. The Stroz Report) that recently-acquired self-driving startup Otto had "allegedly harbored trade secrets stolen from a competitor." Benchmark argues that this alleged nondisclosure of material information invalidates Benchmark's vote to enlarge the board.

Moreover, Benchmark alleges that Kalanick pledged in writing -- as part of his resignation agreement -- that the two empty board seats would be independent and subject to approval by the entire board (something Benchmark says was the reason it didn't sue for fraud at the time). But, according to the complaint, Kalanick has not been willing to codify those changes via an amended voting agreement.

What Benchmark wants: An invalidation of the June 2016 stockholder vote and related actions, which would effectively eliminate the three board seats. And, in so doing, remove Kalanick from Uber's board of directors. It also is asking the court for a preliminary injunction against Kalanick's ongoing involvement in Uber board matters which, if granted, would remove him from the CEO search process.

Stakes: Per the complaint, Kalanick currently holds around a 10% equity stake in Uber, which most recently was valued at around $70 billion. Benchmark holds approximately 13 percent.

Comment from Kalanick spox: "The lawsuit is completely without merit and riddled with lies and false allegations. This is continued evidence of Benchmark acting in its own best interests contrary to the interests of Uber, its employees and its other shareholders. Benchmark's lawsuit is a transparent attempt to deprive Travis Kalanick of his rights as a founder and shareholder and to silence his voice regarding the management of the company he helped create. Travis will continue to act in the interests of Uber and all of its stakeholders and is confident that these entirely baseless claims will be rejected."

More: Axios was unable to reach Benchmark (Update: It declined comment). Uber, which is named as a "nominal defendant" (which is just a statutory requirement, it isn't an actual defendant in the case) declined comment. It also is worth noting that, earlier today, Uber's first employee and original CEO, Ryan Graves, said he would step down as VP of operation but maintain his board seat.

Read the entire complaint:

 

 

Shared from: Axios

Leave a comment

Make sure you enter all the required information, indicated by an asterisk (*). HTML code is not allowed.

back to top

iScope

Boldstart Founder Launches Hyperledger Fabric's First Blockchain Accelerator

The founder of VC firm Boldstart Ventures is launching the first accelerator dedicated exclusively to startups building on the Hyperledger Fabric blockchain.

CNN launches daily news show on Snapchat

CNN on Monday began streaming "The Update," a daily show on Snapchat featuring at least five news stories each episode from reporters and bureaus around the world, to attract younger viewers.

Quora now launches retargeting for advertisers

Quora’s newly launched ads platform now supports retargeting ads on the question-and-answer network.

Facebook faces scare that teens are going to Snapchat and Instagram. Again.

 Now playing on the internet: the episode in which everyone freaks out that young people are abandoning Facebook in favor of hot new social media services like Snap and Instagram.

IBM partners with Walmart, Unilever, Nestlé, and other food giants, to apply blockchain tech to food supply chains

They will be aiming to use blockchains to maintain secure digital records and improve the traceability of their foodstuffs

Blockchain can make social networks more private — and profitable for you

Fact: You’re going to spend a total of five years of your life on social media. But- is blockchain answer to everything?

The HuffPost’s tabloid-style homepage is paying dividends

The move was designed to deliver what Polgreen described as “a visceral snapshot of the day.”

Dashbot’s codeless Twitter Integration is now live!

Integrate your DM bot without code and in 10 seconds.

50 Bitcoin Exchanges Have Filed with the Japanese Financial Authority

In April, the Japanese government amended its fund settlement law to recognize bitcoin as a legal means of payment

Billionaire Calvin Ayre Acquires Crypto Media Outlet Coingeek

  The plan is for Calvinayre.com to continue to cover Bitcoin news as it relates to the gaming industry

Asus Debuts Specialized Motherboard for Cryptocurrency Miners

"Cryptocurrency and blockchain are here to stay"

Chatbot That Helps Users Appeal Parking Tickets Comes To U.S.

A chatbot called DoNotPay that helps users appeal parking tickets for free in the U.K. is now available in the United States.

How TD Ameritrade tackles security in Facebook Messenger chatbot

Chatbot is designed to answer faster than a human could.

How Blockchain Is Monetizing User’s Experience and Skills

Generating value is the key concept sustaining the explosion of Blockchain offerings in 2017.

Bezos on Amazon’s AI and Machine Learning Strategy

[It's all about] enabling other organizations to leverage the game-changer that is machine learning.

Mongolia's Hottest New Social App Is All About Horses

Although cowboy culture is mostly nostalgia in the United States these days, many rural Mongolians still rely on their horses in daily life. In Mongolia, horsemanship is one of the most celebrated aspects of their culture, even on social media. "If we...

Startups could be key to fixing tech's diversity problem

Silicon Valley companies are learning a hard lesson: They can't escape their attitude problems.

Android Oreo released by Google

Google has released the latest version of its Android mobile operating system (OS), which will be named after Oreo chocolate biscuits.

How RBC is using a blockchain to overhaul its loyalty program

“We see loyalty as a great use case for blockchain to allow us to provide customers more real-time access to rewards points to provide an almost Starbucks-like experience.”

Why finance brands are so hot on content marketing

Content is one way to make people return to their site to see new updates, buy new products and invest more money.

Reddit now allows users to upload videos

Videos are coming to Reddit, thanks to a new feature that allows users to upload video clips directly to the service.

Sharp sues Hisense over a foreign “gag order”

Sharp, a Japanese electronics manufacturer, has filed a lawsuit challenging a foreign gag order that company lawyers say prevents Sharp from talking about its own brand.

How A Police Body Camera Company Is Becoming An Artificial Intelligence Company

Like most technology companies today, Axon’s goal is to collect data; the free body camera trial is just another avenue to generate and collect more of it.

Mic Lays Off Dozens Just a Week After Promising Not To

A number of online outlets, including Mashable, Vice, and MTV News, have recently slashed their writing staffs to focus on producing visual content

Kit Kat accused of copying Atari game

Kit Kat's maker Nestle has been accused of copying Breakout, the 1970s computer game, in a marketing campaign.

YouTube TV expands to 14 new markets

YouTube is broadening access to live TV streaming as younger viewers increasingly watch shows online and traditional broadcast networks grapple with aging demographics among viewers.

Hyundai looks to build a >300-mile-range electric car

More carmakers are looking toward electric vehicles as fuel cell falters

Why Bancor Wants To Become The YouTube Of Cryptocurrency

If Bancor overcomes the initial scandals (it shortchanges its users' by rounding token values) Bancor could reshape the cryptocurrency marketplace as we know it.

The best of Siri: 11 funny responses from the iPhone's virtual assistant

Since its launch in 2011, Siri has become increasingly intelligent, and can now hold basic two-way conversations with users.

How Yogscast built a media empire

The newer generation doesn’t want to be told how to do things, they want to see it.

Skype’s new look arrives on the desktop in preview form

The chat-focused update comes with new features for messaging and calls.

Subscribe to the Business Brief Newsletter

Get our complimentary briefing, featuring news & analysis of the business trends and practices.
Terms and Conditions