Marketo Hit With 2nd Lawsuit Over Pending Sale to Vista Equity

Marketo is facing a second class action lawsuit in connection with its proposed acquisition by Vista Equity Partners — a deal the suit contends will generate more than $58 million for company co-founder, CEO, President and Board Chair Phil Fernandez.

In a suit filed Tuesday in California federal court, shareholder Robert Rosati alleges the proxy statement fails to disclose material information about potential conflicts of interest affecting Marketo’s management, including its discussions with Vista regarding continued employment and rollover equity. Read more …

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Marketo Shareholders Sue to Halt Sale to Vista Equity, Allege Unfair Price

A Marketo shareholder has filed a class action lawsuit in California to block the company’s proposed acquisition by Vista Equity Partners.

In a suit filed in Santa Clara County Superior Court, Sonila Porwal alleges Marketo’s directors breached their fiduciary duties to Marketo stockholders by seeking to sell Marketo too cheaply through an allegedly defective process, and that the other defendants aided and abetted those purported breaches.

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Secrets of the Perfect Stock Portfolio

Investors know what they want. And generally speaking, it’s pretty straightforward. They want their portfolios to outperform in bull markets, and hold steady, decline only slightly, or even increase in value when markets turn bearish.

The objectives are easy to explain. But achieving them… well, that’s the hard part. And like the Quest for the Grail — arguably the most elusive object known to man — so it is with stock returns. Even the most skilled investors concede it’s hard to find what they desire: consistent ways to outsmart the market.

But now, researchers at the nonprofit American Institute for Economic Research (AIER) in Great Barrington, Mass., think they may have cracked the code. They call their result The Perfect Portfolio, and they credit its success to a mathematical model that shows that stocks fare well in good times and fall modestly when markets change. Read more…

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Black Gold Keeps Flowing in the Bakken

BISMARCK, N.D. — No one seems more out of place at an oil and gas conference than Jim DeSeyn, president of Solargy Lights. “Thanks for stopping,” DeSeyn said, jumping — literally — out of his seat to chat with an attendee who lingers at his booth in the exhibit hall at the 20th Annual Williston Basin Petroleum Conference.

Neche, N.D.-based Solargy Lights is a privately-held company that focuses on green solutions for outdoor lighting. It’s an anomaly here at this industrial expo, surrounded by companies largely promoting equipment related to hydraulic fracturing and advanced horizontal drilling. Read more…

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American Dreams Live On in Paris

PARIS — There are few signs of austerity here in Paris, where tourists still happily pay the equivalent of $4 for single macaroons from Ladurée on the Champs Elysées, and willingly spend hundreds of dollars on pumps at Christian Louboutin on Rue du Faubourg Saint-Honoré. If they can get a pair, that is — a challenge retail clerks seem only mildly interested in addressing. “Do you have these shoes in a size 35?” asked a customer with admittedly smaller than average feet. “No,” the clerk replied. “Can you call another one of your stores to see if they have them?” the customer continued. “No,” the clerk said. “It is not my job.” Read more…

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Credit Score Awareness Climbs, But Gaps Remain

First, the good news: In the past year, consumer knowledge about credit scores improved significantly, including awareness of how scores are calculated, the importance of checking them, what represents a good score, and what service providers use these scores.

But most consumers still don’t know how much they can be penalized for bad scores, what things can lower their scores, and what a waste of money it is to buy credit repair services — which tend to over-promise, over-charge, and perform services consumers could do themselves. Read more…

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Passenger Pain vs. Profit at Spirit Airlines

Spirit Airlines (Nasdaq: SAVE) — better known to anyone who has ever flown it as a bus with wings — doesn’t go out of its way to impress its customers. The airline has taken the concept of nickel and diming passengers to death to a whole new level with fees for just about everything beyond a seat, from carry-on luggage to boarding passes to a cup of water during a flight.

You have to pony up $3 if you want the flight attendant to hand you a drink, and I’m not talking Coke, Pepsi, or even coffee. Spirit charges for basic H2O, unless you’re willing to pour it yourself from the tap in the aircraft bathroom, or you have the patience to accept a free cup of ice and wait for it to melt. Read more…

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