United States securities and exchange commission logo
March 15, 2024
Daniel Cerqueira
Partner, Cravath, Swaine & Moore LLP
Walt Disney Co
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
Re: Walt Disney Co
Definitive
Additional Soliciting Materials
Filed March 13,
2024
File No. 001-38842
Dear Daniel Cerqueira:
We have reviewed your filing and have the following comments. In
some of our
comments, we may ask you to provide us with information so we may better
understand your
disclosure.
Please respond to these comments by providing the requested
information or advise us as
soon as possible when you will respond. If you do not believe our
comments apply to your facts
and circumstances, please tell us why in your response.
After reviewing your
response to these comments, we may have additional comments.
Definitive Additional Soliciting Materials
Slide Presentation, page 3
1. Each statement or
assertion of opinion or belief must be clearly characterized as such, and
a reasonable factual
basis must exist for each such opinion or belief. Support for opinions
or beliefs should be
self-evident, disclosed in the proxy statement or provided to the staff
on a supplemental
basis. Please provide the support described for your disclosure that:
"Trian s
whitepaper was widely criticized for lacking substance..."
"Peltz s
theses are nothing new and underscore his lack of understanding of both
Disney and the
media industry."
"Peltz s agenda
is misaligned with other shareholders long-term interests."
2. You must avoid issuing
statements that directly or indirectly impugn the character,
integrity or personal
reputation or make charges of illegal, improper or immoral conduct
Daniel Cerqueira
Walt Disney Co
March 15, 2024
Page 2
without factual foundation. Provide us supplementally, or disclose,
the factual foundation
for your statements listed below. In this regard, note that the
factual foundation for such
assertions must be reasonable. Refer to Rule 14a-9.
"Trian s whitepaper was widely criticized for ... being
partially plagiarized from other
activist presentations."
"The 'Trian Trio' will say anything, without regard for facts
or truth, to try and get on
Disney s Board."
We remind you that the filing persons are responsible for the accuracy
and adequacy of
their disclosures, notwithstanding any review, comments, action or absence of
action by the staff.
Please direct any questions to Daniel Duchovny at 202-551-3619.
FirstName LastNameDaniel Cerqueira Sincerely,
Comapany NameWalt Disney Co
Division of
Corporation Finance
March 15, 2024 Page 2 Office of
Mergers & Acquisitions
FirstName LastName