Joseph E. Bachelder is special counsel in the Tax, Employee Benefits & Private Clients practice group at McCarter & English, LLP. The following post is based on a column by Mr. Bachelder which first appeared in the New York Law Journal. Andy Tsang, a senior financial analyst with the firm, assisted in the preparation of this post.
In 2017, CSX Corporation, a leading railroad company, paid or committed to pay (subject to certain conditions) over $200 million (including grant-date value of a stock option discussed below) to attract E. Hunter Harrison as its new chief executive officer.
On January 18, 2017, Canadian Pacific Railway Limited announced that Mr. Harrison was resigning as its CEO. The Wall Street Journal reported (after regular trading hours ended) that Mr. Harrison, who is age 72, was “joining with an activist investor in an attempt to shake up management at rival railroad CSX Corp. They are expected to try to put Mr. Harrison in a senior management position at CSX….” [1] The following day, January 19, the price of CSX shares on the Nasdaq Stock Market jumped approximately $8 billion to $42 billion—an increase of 23 percent from $34 billion. As of June 30, CSX’s stock market value had increased over $16 billion to $50 billion, an increase of 47 percent, since the day before the public announcement.