Flawed sequencing in Khosrowshahi hiring, and generous compensation

Mike Isaac’s Super Pumped (p.389) reports that the public had learned that Uber’s board wanted Khosrowshahi as its next CEO — before he and the company had agreed on terms.  As a result, Khosrowshahi was in a particularly strong position to negotiate high payment.

Isaac reports that if Khosrowshahi was able to take Uber public by the end of 2019 at a valuation of $120 billion, he would be paid more than $100 million. But when Uber went public, its IPO price was $45 per share, and it sank as low as $22 in both 2020 and 2022.

Kalanick attempted to name two new directors

Mike Isaac’s Super Pumped (p.388) reports that, in September 2017 (after being ousted as CEO), Travis Kalanick tried to stack the board with supporters. He relied on an amendment to Uber’s charter that allowed him to name two new directors. But at the same time, new investor SoftBank received six new directors.  With those new directors plus an end to Kalanick’s shares with ten-to-one preferred voting rights, Kalanick no longer had control.

Investor Benchmark used controversial tactics to favor its preferred CEO candidate

Mike Isaac’s Super Pumped (p. 385) reports that during CEO selection discussions, board member and Benchmark partner Matt Cohler indicated that if the board voted for his firm’s preferred candidate (Meg Whitman), his firm would drop its lawsuit against Kalanick — a lawsuit which other board members perceived was harming the company.  Other board members felt this was “brinksmanship”, “holding the board hostage to approve the candidate of [Benchmark’s] choice” rather than seeking the best candidate on the merits.  Ultimately Cohler’s tactic failed, in that the next ballot brought a shift away from Whitman in favor of Khosrowshahi.

Investors asked Kalanick to resign

Mike Isaac’s Super Pumped (p. 344) reports that investors Benchmark, Fidelity, First Round, Lowercase Capital, Menlo Ventures, and others insisted that Travis Kalanick step down — or else they would go public with their request for his resignation, including giving the New York Times their letter requesting his resignation.

Investors’ letter to Kalanick:

Dear Travis:

On behalf of Benchmark, First Round, Lowercase Capital, Menlo Ventures, and otherswhich collectively owns more than 26% of Uber’s economic stock, and over 39% of Uber’s voting shareswe are writing to express our profound concerns about Uber’s direction and to propose a way forward.

Please know that we are deeply grateful for your vision and tireless efforts over the last eight years, which have created a company and an industry of which no one could have dreamed. Unfortunately, however, [the] series of recent revelations have deeply affected us. . . . [A]ll of these issues are causing tremendous damage to Uber’s brand and threaten to destroy Uber’s value for its shareholders and stakeholders. We believe the issues stem from deepseated cultural and governance problems at Uber and from the tone at the top. . . . 

We must take concrete steps to address these issues and strengthen Uber’s brand and governance. If we do not adequately address these issues now, Uber’s brand and market share will continue to erode, to the detriment of the company and all of its shareholders, including you.

 . . . With these changes we firmly believe Uber can regain its place as one of the most important companies Silicon Valley has ever produced. We hope you will agree to move forward with us on this path.

“Moving Uber Forward”: Investor Demands

First, you must immediately and permanently resign as CEO. We strongly believe a change in leadershipcoupled with effective Board oversight, governance improvements, and other immediate actionsis necessary for Uber to move forward. We need a trusted, experienced, and energetic new CEO who can help Uber navigate through its many current issues, and achieve its full potential.

Second, Uber’s current governance structures, including the composition and structure of the Board of Directors, are no longer appropriate for a $68 billion company with over 14,000 employees. The new CEO must report to an independent Board that will exercise appropriate oversight. . . . Further, as you know, the Holder Report calls for the appointment of additional independent Board members. To that end, you should fill two of the three Board seats you control (retaining one for yourself) with truly independent directors who comply with the Holder Report’s recommendations for qualification for service. . . . 

Third, . . . [y]ou should support a board led CEO search committee, with an independent chairperson, and the inclusion of a representative of senior management and a representative of the driver community. . . . 

Fourth, the company should immediately hire an adequately experienced interim or fulltime Chief Financial Officer. The company has intentionally operated without a properly qualified executive in the top finance [role] for over two years. The investor group broadly believes that this specific executive hire needs to be addressed urgently.

We hope you will agree to move forward with us on this path, and look forward to your response.

Isaac reports Kalanick’s response:

“If this is the path you want to go down, things are gonna get ugly for you,” Kalanick said. “I mean it.”

In response, Kalanick called investors and Uber executives, seeking their support for a shareholder vote.  Finding limited support, Kalanick ultimately resigned.

Kalanick didn’t abide by leave

When pressed to take leave in response to mounting scandals, then-CEO Travis Kalanick was seen not to comply with the leave. Board member Arianna Huffington was seen as his proxy. Bloomberg reported that Uber’s finance team was spreading the word that Kalanick was still in charge. Among Kalanick’s activities while on leave was searching employee emails to investigate leaks.

Bloomberg reported that Kalanick’s handpicked executive team objected to his meddling while on leave and sent a letter asking him to stop. Business Insider added that a sixteen-person senior management team sent a letter to Uber’s Board, complaining that Kalanick was interfering with their work and asking the Board to intervene.

Kalanick resigned

In June 2017, Kalanick resigned from his position as Uber CEO.

Bloomberg reports that Kalanick’s resignation was to be presented as a graceful departure. Mike Isaac’s Super Pumped (p. 363) reports that Kalanick and investors had agreed to tell the press — falsely! — that Kalanick decided, on his own, to step down.

But a detailed New York Times article revealed the departure as the ousting it actually was. See also Investors asked Kalanick to resign.

Uber investor alleged former CEO Kalanick interfered with CEO search

In a lawsuit, Uber investor Benchmark Capital alleged that former Uber CEO Travis Kalanick is interfering with Uber’s CEO search. Benchmark says “various potential candidates have withdrawn from consideration because of Kalanick’s continued participation in the search and his efforts to re-assert influence over the company.” In a letter to Uber employees, Benchmark explains the impact of Kalanick’s actions:

Travis’s failure to make good on this promise, as well as his continued involvement in the day-to-day running of the company, has created uncertainty for everyone, undermining the success of the CEO search. Indeed, it has appeared at times as if the search was being manipulated to deter candidates and create a power vacuum in which Travis could return.