*
Elliott takes stake in oil major BP, sending shares higher
*
Investment firm has built reputation as relentless
activist
*
Elliott relies on thorough research to boost shareholder
wealth
By Svea Herbst-Bayliss
NEW YORK, Feb 13 (Reuters) - When Elliott Investment
Management buys into a company to agitate for change, bankers
and lawyers who have faced the hedge fund say executives can
expect a strong view on their shortcomings, backed by meticulous
research and financial firepower.
Now, storied oil giant BP is in Elliott's sights.
The investment firm, which manages $70 billion, has not
disclosed the size of its stake in BP or what changes it wants
to see. But the mere whiff of Elliott playing the corporate
agitator this week sent BP shares to their highest since August,
on expectations the fund will force improvements to unlock
shareholder value.
The day after news of Elliott's position broke, BP promised to
reset its strategy as it reported weaker-than-expected results.
It was not immediately clear whether Elliott played a role
in the company's move, and BP's chief executive declined to
comment on the hedge fund's investment.
Bankers and lawyers who have worked for the hedge fund or
defended companies against it said Elliott is not an investor a
board can ignore. The fund has built a reputation as a
relentless activist, sometimes labeled as the most powerful
player, but also hostile, in bankers' notes.
On the flip side, Elliott argues its toughness will
ultimately earn investors in the target company and its own
portfolio bigger returns.
"Elliott's team is truly scary smart. Sometimes the emphasis
is on 'smart' and other times it is on 'scary'," said Kai
Liekefett, co-chair of law firm Sidley Austin's shareholder
activism and corporate defense practice.
The investment firm is known for deep fact-finding on a
target company, its peers and sector, possible buyers if a sale
is considered.
Sometimes executives are caught off guard by Elliott's
investment, lawyers and bankers said, noting a call or news
article announcing a position will spark a fevered defense.
"Elliott has revived the 'ambush attack' in recent years.
While Elliott and most activist investors used to first approach
a target privately, nowadays Elliott often goes public right
away - without any real advance warning," Sidley's Liekefett
said.
Elliott, while finding its roots in founder and co-CEO Paul
Singer's middle name, is not a one-man show like some other
prominent activist firms. Instead the firm, which employs
roughly 600, relies on a large team of portfolio managers and
analysts who keep tabs on sectors ranging from energy to retail
and in every part of the world.
The team prefers to stay out of the media limelight to
let the work speak for itself, whether it is trying to break
apart a corporate deal in Asia or a conglomerate in the United
States.
But if a company resists and Elliott can't be convinced of its
counterarguments, discussions can rapidly escalate into public
threats of proxy battles and special meetings.
Lawyers, bankers and other investors, who know the firm well
by having worked for or against it, say Elliott delivers an
unmistakable message to a company: Agree with us and we'll let
you take credit for positive changes, or resist and face
consequences.
Many sources requested anonymity for fear of upsetting the
firm.
Elliott declined to comment.
While Elliott is officially labeled a multi-strategy hedge
fund that invests in real estate, convertible bonds and
sometimes buyouts, its equity activism strategy has earned the
most headlines.
Last year, 15 companies were approached by Elliott, including
Southwest Airlines ( LUV ) and Starbucks ( SBUX ), and the firm
secured 12 board seats.
Since its founding in 1977 with $1.3 million in assets,
Elliott has returned roughly 13% net of fees per year, a person
familiar with its performance said. Assets have doubled in the
last seven years. Over the last five years, Elliott has targeted
ever bigger companies, industry data show.
Elliott investors praise the firm's steady returns. While it
may not match other firms' occasional eye-popping gains, it has
had only two years of losses in its nearly 50-year history.
Often Elliott's outreach is private and negotiations are
conducted behind closed doors, sometimes not becoming public
until they are resolved, as happened at Etsy last year when an
Elliott portfolio manager joined the board.
But the firm leaves no doubt it can push ahead on its thesis for
corporate overhaul even if a company rebuffs it. At Southwest
Airlines ( LUV ), where Elliott wanted to refresh the board, review
strategy and fire the CEO, the carrier eventually yielded to
board-level changes, even as CEO Bob Jordan stayed put.
Elliott showed its appetite for rapid change again this week,
when Reuters and other media reported the fund had increased its
stake in U.S. refiner Phillips 66 to $2.5 billion from
$1 billion last year.
Phillips 66 had already laid out a performance improvement
plan to boost shareholder returns and share price. Now, Elliott
wants to push for operational changes and the sale of the
company's midstream business as well.
In a 2017 interview, Elliott founder Singer, now 80, told
private equity executive David Rubenstein that he approves every
meaningful position the firm takes.
For companies who become Elliott's activism targets, Singer said
it is good to know that their executives listen "with the
understanding we are real and have the capacity to carry through
on our projects."