Axios Pro Rata

March 10, 2025
Top of the Morning
Asbury Auto Group last month agreed to pay $1.34 billion to acquire a New England auto dealership network called Herb Chambers.
- It's a huge deal by sector standards.
- It also could exacerbate legal headaches for Herb Chambers, which is being sued by a dealership finance manager for allegedly failing to pay overtime and related wages.
Catch up quick: The finance manager sued Herb Chambers nearly four years ago, as part of what is intended to be a class action that could include hundreds of finance managers.
- In its defense, Herb Chambers has essentially argued that it doesn't really employee finance managers. Instead, it claims that specific dealerships are the finance managers' sole employer, and thus Herb Chambers isn't liable for the overtime (particularly for the broader class).
- It's a legal strategy that Herb Chambers tried once before, related to a dealership parts adviser, albeit unsuccessfully.
Zoom in: Asbury's announcement, however, didn't resort to such hair-splitting. Instead, the publicly traded company said that it had:
- "[S]igned a definitive agreement to acquire various automotive dealerships owned by The Herb Chambers Companies ... and includes 33 dealerships, 52 franchises, and three collision centers."
- In other words, Asbury is saying that Herb Chambers owns the dealerships. And thus would seem to employ the people who work at them.
What they're saying: "The announcement is relevant legally, beyond the obvious hypocritical part of it," says plaintiff's attorney Robert Richardson, who also acknowledged the philanthropy of Herb Chambers' namesake founder.
- Georgia-based Asbury, which is publicly traded with a $5 billion market cap, didn't respond to a request for comment.
Look ahead: A court will hear the motion for a class action designaton next month. If the plaintiffs are successful, Herb Chambers could be on the hook for more than $13 million — although that's obviously a rounding error on the merger size.
- It's unclear if Asbury would assume the liability, or if Herb Chambers is holding a possible verdict in escrow.
Disclaimer: I bought my current car from a Herb Chambers dealership. Good experience.
The bottom line: Press releases sometimes disclose more than is intended.
The BFD
ServiceNow (NYSE: NOW) has agreed to buy Moveworks, a Mountain View, Calif.-based provider of enterprise employee AI assistants, for $2.85 billion in cash and stock.
Why it's the BFD: This is the largest acquisition ever by ServiceNow, a $175 billion company that's spending big to keep pace in the AI age.
ROI: Moveworks raised just over $300 million in VC funding, with its most recent round coming in 2021 at a $2.1 billion post-money valuation.
- Backers include Tiger Global, Alkeon Capital, Lightspeed Venture Partners, Sapphire Ventures, Bain Capital Ventures, Iconiq Growth and Kleiner Perkins.
By the numbers: ServiceNow reports nearly 1,000 AI customers and more than $200 million in annual contract value for its "Pro Plus AI" solution as of year-end 2024, but also has cautioned Wall Street that its focus is more on developing the AI business than on generating revenue from it.
- Moveworks has more than 350 large enterprise clients and over 5 million employees on its platform.
Venture Capital Deals
🚑 4C Medical, a Maple Grove, Minn., developer of mitral valve replacement devices, raised $175m in Series D funding led by Boston Scientific. axios.link/3FgwROv
• Reflection AI, a superintelligence startup led by a pair of ex-DeepMind researchers, raised $105m in Series A funding. Lightspeed Venture Partners and CRV co-led, and were joined by seed backer Sequoia Capital. axios.link/3QX5BXI
• Nirvana Insurance, an SF-based commercial trucking insurer, raised $80m in Series C funding. General Catalyst led, and was joined by insiders Lightspeed Venture Partners and Valor Equity Partners. axios.link/41StAgX
• Cursor, an SF-based coding assistant, is in talks to raise funding led by Thrive Capital at nearly a $10b valuation, per Bloomberg. axios.link/3QV8Crw
Private Equity Deals
🚑 Ascend Capital Partners is sponsoring a merger of portfolio company Seoul Medical Group with Korean American Medical Group, both Asian-American-focused physician networks and medical groups. seoulmedicalgroup.com
• Bully Pulpit International, a Washington, D.C.-based comms agency owned by Broad Sky Partners, acquired Propper Daley, a social impact-focused marketing agency. axios.link/41SoIs8
• Innergy, an ERP software maker backed by Mainsail Partners, acquired Microvellum, an Oregon-based provider of woodworking design software. innergy.com
🚑 KKR and Stonepeak Partners offered to buy British health-care REIT Assura (LSE: AGRP) for £1.61b. axios.link/4kEizXW
• Veritas Capital is weighing a merger of education-focused portfolio companies Cambrium Learning and Houghton Mifflin Harcourt, per Bloomberg. axios.link/3DEYhgi
Public Offerings
No major IPOs are expected this week on U.S. exchanges.
• Dune Acquisition II, a SaaS and AI SPAC, filed for a $150m IPO. The earlier Dune SPAC merged with Global Gas, which has since been delisted by Nasdaq. axios.link/4hhZo3h
⚡Eneos (Tokyo: 5020), a Japanese energy firm, raised nearly $3b via a Tokyo IPO for its metals subsidiary, JX Advanced Metals. axios.link/3DD6v8H
• Gemini, the crypto firm founded by the Winklevoss twins, filed confidential IPO papers, per Bloomberg. Backers include Nyca Partners and Morgan Creek. axios.link/3QVEVXi
🚑 Hinge Health, an SF-based digital physical therapy startup valued by VCs at $6.2b, plans to file sgortly for an IPO. Backers include Tiger Global, Coatue, Insight Partners, TCV, Industry Ventures, Atomico, Bessemer Venture Partners, and Insight Partners. axios.link/43v0NAi
• Siddhi Acquisition Corp., a SPAC chaired by Brian Finn (Siddhi Holdings), filed for a $200m IPO. axios.link/3FhQYvO
• SMG Swiss Marketplace Group, operator of online real estate site ImmoScout24, picked banks for an IPO that could vlaue the company at around $5b, per Bloomberg. Backers include General Atlantic. axios.link/4kyWw4X
• Titan Acquisition Corp., a SPAC targeting finance and tech-enabled services, filed for a $240m IPO. axios.link/41S7CL2
Liquidity Events
⚡ Ardian, APG Groep, and PGGM agreed to sell Dutch bulk liquid storage firm LBC Tank Terminals to Japan's Mistui OSK Lines (Tokyo: 9104) for around $1.7b. axios.link/4kEMT4M
• Kantar, a London-based market research firm owned by Bain Capital and WPP, reportedly is exploring a breakup that could include a $6.5b sale of its Worldpanel unit.
• Vista Equity Partners and Harvest Partners are seeking a buyer for Granicus, a Denver-based provider of government services software that could fetch around $4b (including debt), per Reuters. axios.link/43xCzW4
More M&A
• Allianz is in talks to buy German insurance consolidator Viridium for more than $3b, per the WSJ. axios.link/3FpXhx3
• Bank J. Safra Sarasin of Switzerland agreed to buy a majority stake in Denmark's Saxo Bank for $1.21b. axios.link/3Fe3uMR
• Beacon Roofing Supply (Nasdaq: BECN) says it's in talks with QXO (Nasdaq: QXO), after having previously rebuffed an $11b takeover offer. axios.link/4kAYqlA
• Mantle Ridge, an activist investor, has built more than a $1b stake in IT services provider Cognizant Technology Solutions (Nasdaq: CTSH), per the WSJ. axios.link/41CwQf6
• Rocket Cos (NYSE: RKT) agreed to buy real estate listings group Redfin (Nasdaq: RDFN) for $1.75b in stock, or $12.50 per share (22.3% premium over Friday's closing price). axios.link/41up6vy
• Silgan (NYSE: SLGN) is seeking to sell its custom containers business, which could fetch more than $1b, per Bloomberg. axios.link/3FfGA7L
🚑 Sun Pharma of India agreed to acquire Checkpoint Therapeutics (Nasdaq: CKPT), a Waltham, Mass.-based immunotherapy and oncology biotech, for $355m, or $4.10 per share (66% premium to Friday's closing price). axios.link/4kDaZgj
• Verallia (Paris: VRLA), a French glass packaging giant, received a €30 per share takeover bid from Brazil's Moreira Salles family, an existing backer. The company would remain listed in Paris. axios.link/3Feyhcd
⚡ Whitecap Resources (TSX: WCP is merging with fellow Canadian oil and gas company Veren (TSX: VRN) in an all-stock deal that values the companies company at around $15b (including debt). axios.link/41Qoulo
Fundraising
• Graham & Walker, a Seattle-based VC firm led by Leslie Feinzaig, is raising $15m for its second fund, per an SEC filing.
• International Airlines Group (LSE: IAG) launched a corporate VC group that expects to invest up to €200m over the next five years. iaginnovation.com
• Pamlico Capital, a Charlotte-based midmarket PT firm, raised $1.75b for its sixth fund. pamlicocapital.com
It's Personnel
• Mark Carney, former governor of the Banks of Canada and England, was elected as the new leader of Canada's ruling Liberal Party. axios.link/4kxPaPb
• David Cameron, the former U.K. prime minister, has become an adviser to Finback Investment Partners, a PE firm founded by Jeb Bush. axios.link/3FbNquM
• Corinthian Capital promoted John Hughes to managing director and Adam Buckley to VP. corinthiancap.com
Final Numbers


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