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Hedge Fund Activist Is Shorting New York Office Stocks

Reported by Wsj
May 22, 2020· 2 min read
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Key Takeaways
  • • Jonathan Litt's Land & Buildings Investment Management is establishing short positions in major New York office REITs, including Empire State Realty Trust and SL Green Realty, reflecting bearish conviction on the NYC office market segment.
  • • Activist hedge funds engage in short selling at a 0.56% likelihood at the fund-quarter level, significantly above the unconditional baseline, indicating strategic deployment of this tactic by professional investors pursuing activist mandates.
  • • Well-known activist short-selling hedge funds are positioning for additional opportunities as tough economic conditions create distressed valuations across public company portfolios, suggesting a broader market thesis extending beyond office real estate.
  • • Activist short selling operates in a constitutionally protected but increasingly scrutinized regulatory environment, with government investigations and proposed rules targeting potential market manipulation concerns while defenders argue the practice enhances price discovery and market efficiency.
Summary
Jonathan Litt, founder and chief investment officer of Land & Buildings Investment Management, is deploying short positions against New York office sector equities, specifically targeting Empire State Realty Trust and SL Green Realty. This tactical positioning reflects a structured bearish thesis on the NYC office real estate market dynamics during a period of significant economic dislocation.

The deployment of short selling by activist hedge funds represents a concentrated but meaningful allocation strategy. Data indicates that activist hedge funds engage in active short selling at a 0.56% likelihood rate at the fund-quarter level, substantially higher than the unconditional market baseline. This differential reflects deliberate capital deployment toward short activism as a core component of activist hedge fund mandates. Industry participants expect to identify additional short opportunities as economic headwinds create valuation dislocations across distressed and vulnerable public companies.

Activist short selling occupies a constitutionally protected but contested position within public markets regulation. Government investigations and proposed regulatory frameworks are examining whether activist short-selling practices cross into market manipulation territory. Proponents of activist short selling argue that the practice serves a market efficiency function by ensuring securities are priced rationally and by subjecting companies to scrutiny that may drive operational improvements. Critics contend that activist short sellers exploit lax securities regulations to accumulate large stakes and coordinate public campaigns designed to depress share prices independent of fundamental business deterioration.

The academic literature on activist hedge fund campaigns presents nuanced findings. Long-duration activist campaigns have been associated with positive stock price reactions and measurable operating performance improvements in peer-reviewed research, though the causal mechanisms and net economic benefit remain contested among market participants and regulators. The tension between market efficiency benefits and potential short-termism abuse continues to drive policy discussions regarding appropriate constraints on activist short-selling disclosure and coordination practices.

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Sources

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Wsj Hedge Fund Activist Is Shorting New York Office Stocks