• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
FinanceTerm Sheet

The Cosi court of public opinion

By
Howard Penney
Howard Penney
Down Arrow Button Icon
By
Howard Penney
Howard Penney
Down Arrow Button Icon
September 29, 2011, 7:12 PM ET
Earlier this week Brad Blum, CEO of the Blum Growth Fund and 7% owner of the restaurant chain Cosi, announced that he is doing something unique in the public markets. He is using the court of public opinion and shareholder (activism) democracy to resurrect the company. This means he wants the CEO and the board to all step aside and let Blum run the show.

“We call upon all shareholders to join us in our efforts to effect positive change at Cosi and participate in a non-legally binding expression of ‘no confidence’ for the current board,” Blum said in his press release. “This is not a proxy fight or a hostile takeover, but an exercise in shareholder democracy.”

As things stand, I would bet that “shareholder democracy” is going to win. On a couple different measures, so far, the court of public opinion is winning. Since putting out the press release Cosi (COSI) shares are up 15.64% on extremely high volume. In the six months prior to Blum’s press release, the stock declined 50%.

We are also getting questions from shareholders, some of which are “is he for real?” As an industry analyst for the past 20 years, I have been an eye witness to Blum’s success and also some of his failures. That being said, the obvious answer to that is yes, Blum is for real and his track record as a leading industry executive is one of the best there is. He has extensive restaurant experience and brings to the table a very specific skill set that has created a real economic value for a number of restaurant concepts (he held leadership positions at Burger King, Darden Restaurants (DRI) and Romano’s Macaroni Grill).

Unfortunately for Cosi, the previous chairman, Jim Hyatt resigned recently and has subsequently taken a position at Church’s Chicken in Atlanta. Hyatt did an amazing job of getting Cosi reorganized and set in the right direction, despite the most difficult macro environment in a generation. His departure was driven by personal reasons and had nothing to do with Cosi, the company or the brand. Having spoken to Hyatt, I know it was a very difficult decision for him to leave after putting in three very long years with the company.

The future for Cosi is extremely bright. There are not many small restaurant concepts today that that have the potential triple in size. It is a concept that operates in the hottest segment of the industry: fast casual. The fast casual segment continues to take market share from the more tradition categories of the industry. Importantly, the heritage of the company is focused on the food (especially the bread), allowing for strong consumer appeal across three day-parts, which is rare in the indutsry and offers the company and shareholders tremendous opportunity.

It looks like the chances of Blum succeeding are high. Since the departure of Mr. Hyatt, the company has been silent about the future of the company besides a few cursory comments. While I do not know the interim CEO and Chairman of the Board, Mark Demilio, I do not suspect he wants the job and none of the current board members are likely to take the job either, in my opinion.

Even more telling is that the company is in a degree of turmoil and management has had over 48 hours to respond to Blum’s overtures yet there has been no press release defending their position. To be honest, the company position is defenseless, but the lack of a response does not instill confidence to the current shareholder base that the lights are on and management is keeping the momentum that Jim Hyatt established.

Right now, time is critical and not on management’s side. Management and the board need to act now on the where they are taking the company, the longer they put off the inevitable, the worse the business will get. Shareholders and the employees deserve leadership from the board; whether it is via new leadership or not, the company’s potential needs to be achieved.

About the Author
By Howard Penney
See full bioRight Arrow Button Icon

Latest in Finance

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • Future 50
  • World’s Most Admired Companies
  • See All Rankings
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Finance

mcdonalds
RetailMcDonald's
McDonald’s joins the value menu simpler is better trend with 10 items at less than $3 each
By Dee-Ann Durbin and The Associated PressApril 2, 2026
1 minute ago
Current price of Bitcoin for April 2, 2026
Personal FinanceCryptocurrency
Current price of Bitcoin for April 2, 2026
By Joseph HostetlerApril 2, 2026
28 minutes ago
Current price of gold as of April 2, 2026
Personal Financegold prices
Current price of gold as of April 2, 2026
By Danny BakstApril 2, 2026
47 minutes ago
Current price of oil as of April 2, 2026
Personal FinanceOil
Current price of oil as of April 2, 2026
By Joseph HostetlerApril 2, 2026
51 minutes ago
Current price of silver as of Thursday, April 2, 2026
Personal Financesilver
Current price of silver as of Thursday, April 2, 2026
By Joseph HostetlerApril 2, 2026
1 hour ago
wyle
CommentaryTV
What HBO’s ‘The Pitt’ gets right—and wrong—about treating alcohol use disorder
By Jonathan Hunt-GlassmanApril 2, 2026
2 hours ago

Most Popular

Gen Z fled San Francisco for Texas and Florida. Now they're turning 'welcomer cities' into the next big tech towns
Real Estate
Gen Z fled San Francisco for Texas and Florida. Now they're turning 'welcomer cities' into the next big tech towns
By Fortune EditorsApril 2, 2026
8 hours ago
Current price of gold as of April 1, 2026
Personal Finance
Current price of gold as of April 1, 2026
By Fortune EditorsApril 1, 2026
1 day ago
Two-thirds of parents say their adult Gen Z kids still rely on them financially  for support—even though it's putting them under strain
Success
Two-thirds of parents say their adult Gen Z kids still rely on them financially  for support—even though it's putting them under strain
By Fortune EditorsMarch 31, 2026
2 days ago
Current price of oil as of April 1, 2026
Personal Finance
Current price of oil as of April 1, 2026
By Fortune EditorsApril 1, 2026
1 day ago
Jerome Powell says the $39 trillion national debt is ‘not unsustainable,’ but warns the trajectory ‘will not end well’
Economy
Jerome Powell says the $39 trillion national debt is ‘not unsustainable,’ but warns the trajectory ‘will not end well’
By Fortune EditorsMarch 30, 2026
3 days ago
2 years after Musk challenged Zuckerberg to a cage match, they were texting about DOGE and a joint OpenAI bid, court records reveal
Law
2 years after Musk challenged Zuckerberg to a cage match, they were texting about DOGE and a joint OpenAI bid, court records reveal
By Fortune EditorsMarch 31, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.