Improving Your Defense | Activist Investing | FTI Consulting

Improving Your Defense

How FTI Consulting Improves Your Defense

FTI Consulting has established a unique advisor role in numerous areas that are not well served by traditional activism defense advisors, such as law firms, investment banks and public relations firms. More specifically, FTI Consulting has taken on the following roles in high profile activism and hostile M&A environments, including:

  • Applying forensic accounting and technical accounting services by performing a deep dive on a hostile bidder’s SEC filings, investor presentations, earnings calls and other media appearances that uncovered material GAAP violations, SEC regulatory reporting violations, Sarbanes Oxley Act of 2002 and Dodd-Frank Act violations. FTI Consulting professionals also identified and analyzed the facts and circumstances supporting an insider trading claim, as well as related litigation support.
  • Utilizing business intelligence and private investigators to understand prior business dealings, relationships and education backgrounds of dissident board slates in the context of several high profile proxy contests and hostile takeover attempts.
  • Tapping internal industry experts, particularly in heavily regulated industries such as health care and industrials, to test the feasibility of claims made by activists and hostile bidders regarding anticipated actions, such as R&D and headcount cuts, projected synergy claims, regulatory compliance histories.
  • Utilizing strategic communications professionals, including former buy-side and sell-side analysts, to refute claims made by activist investors that certain target companies were underperforming peers and failing to maximize assets.

In addition, FTI Consulting has been decorated with other significant market accolades, such as:

  • FTI Consulting is one of the world’s largest crisis communications and investor relations firms both globally and by numbers – allowing us to work on multiple engagements in multiple jurisdictions.
  • FTI Consulting has world class anti-trust expertise.
  • FTI Consulting has consistently ranked number one in deal volume over the last 3 years.
  • FTI Consulting is the top worldwide financial advisory firm, a one-stop shop for operational enhancement, SG&A reductions and CapEx analysis.
  • FTI Consulting is the #1 restructuring firm in the world – ranked by The Deal. We understand the warning signs when activists are running a target company too close to the line in an effort to reap short term gain.

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