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Elliott, a hedge fund that is known for its relentless activism, has captured the attention of C-suites.

Bankers and lawyers that have dealt with Elliott Investment Management say that executives should expect to receive a thorough analysis of their weaknesses, backed up by rigorous research and financial power.

Elliott is now focusing on the legendary oil giant BP. The $70 billion investment firm has not revealed the size of their stake in BP, or what they want to see changed. The mere hint that Elliott was playing the corporate agitator in this week's BP share price spiked to its highest level since August on the expectation the fund would force improvements and unlock shareholder value. The day after Elliott's announcement, BP announced that it would reset its strategy following weaker than expected results.

The chief executive of BP declined to comment about the hedge fund investment. It was unclear whether Elliott had played a part in the company's decision. The hedge fund's bankers and lawyers, who worked for it or defended the company against it, said that Elliott is an investor no board should ignore. In bankers' notes, the fund has a reputation for being a persistent activist. It is sometimes referred to as an aggressive player but can also be a powerful one.

Elliott, on the other hand, argues that its tenacity will eventually earn investors in its target company and portfolio greater returns.

"Elliott’s team is truly frightening smart." "Sometimes the emphasis is on smart and at other times, it's on scary," said Kai Liekefett. He is co-chairman of Sidley Austin’s shareholder activism practice and corporate defense.

The firm's expertise is in analyzing a company's peers, sector and competitors, as well as potential buyers, if the sale of a company is being considered.

Lawyers and bankers have said that sometimes executives are taken by surprise by Elliott's investment. They noted that a news article or a phone call announcing the position would spark a feverish defense.

"Elliott revived the ambush attack" in recent years. Elliott, and other activist investors, used to approach a target first privately. Today Elliott goes public immediately - often without much advance notice," Sidley’s Liekefett stated. Elliott is not just a one man show, as some prominent activist firms are. Its roots can be traced back to founder and co CEO Paul Singer's middle initial. The firm, which has about 600 employees, is instead reliant on a large group of analysts and portfolio managers who monitor sectors from retail to energy in all parts of the world.

The team is more comfortable staying out of the spotlight to let their work speak for themselves, whether they are trying to dismantle a deal between two corporations in Asia or an American conglomerate. If Elliott is not convinced by the company's counterarguments and they resist, then discussions can quickly escalate to public threats such as proxy battles or special meetings.

Attorneys, bankers, and other investors who have worked with or against the firm say Elliott sends a clear message to companies: Either agree with us, and you can take credit for any positive changes that occur, or refuse and suffer the consequences.

Many sources asked to remain anonymous for fear of upsetting their firm.

Elliott has declined to make any comments.

Elliott is a multi-strategy fund, which invests in real estate and convertible bonds, as well as sometimes buying out companies. However, it's equity activism strategy that has garnered the most attention. Elliott approached 15 companies, including Southwest Airlines, Starbucks and other large corporations, last year. The firm also secured 12 board positions.

A person familiar with Elliott's performance stated that since its founding in 1977, with $1.3 Million in assets, Elliott returned approximately 13% per year net of fees. In the last seven year, assets have doubled. Industry data shows that Elliott has been targeting ever larger companies over the past five years.

Elliott investors are pleased with the steady returns of the company. It may not be as impressive as other firms that have made huge gains on occasion, but it has only had two years of losses over its 50-year-history. Elliott's outreach and negotiations are often conducted privately. Sometimes, they don't become public until the matter is resolved. This happened last year at Etsy when an Elliott portfolio manger joined the board. The firm is confident that it can continue to push its thesis of corporate overhaul, even if the company rejects it. Southwest Airlines eventually agreed to changes at the board level, while CEO Bob Jordan was left in place. Elliott's appetite for rapid changes was evident again this week when media reported that the fund increased its stake in U.S. refining company Phillips 66 from $1 billion to $2.5 billion.

Phillips 66 already had a plan in place to improve performance and increase shareholder returns. Elliott now wants to push operational changes as well as the sale of midstream.

In an interview with David Rubenstein, a private equity executive, Elliott founder Singer (now 80) said that he approved of every position taken by the firm. Singer says it's good for companies that become Elliott's activist targets to have their executives listening "with an understanding that we are real and can carry out our projects." Reporting by Svea Autumn-Bayliss, with additional reporting from Anousha Sakoui, in London; editing by Paritosh and Nia Bansal.

(source: Reuters)