Competitive and Regulatory Intelligence
IGI has worked for numerous clients who have been targeted in campaigns waged by adverse parties attempting to disparage the client’s products or services or to damage the client’s reputation, its ability to do business or raise capital, or its standing with government regulators.
We have been successful in identifying the adverse parties arrayed against our client, tracing their ties to each other and sources of funding, tracking their plans, and monitoring and exposing their activities. We have advised clients on how to best mount a defense by leveraging such intelligence to inform and support their legal, media, public affairs, and lobbying strategies.
Multinational corporations entering new markets or vying for major contracts task IGI to survey the competitive landscape and advise on political and other risk factors. Fortune 500 companies seeking to preserve or expand market share hire IGI to obtain information about their competitors’ strategic plans, product pipelines and financial wherewithal. Hedge funds and other asset managers retain IGI to research existing or prospective portfolio companies and other investments.
We apply proprietary methods developed and honed over many years, as well as access to a wide network of discreet sources worldwide, to collect actionable business and regulatory intelligence to help our corporate and individual clients maintain and gain an advantage in competitive situations.
- A NYSE-listed company faced a public campaign for new regulatory restrictions that would have a disproportionate effect on its industry segment. Through resourceful public records research and interviews, IGI provided intelligence on the background and motivations of proponents of the restrictions and the views of certain industry stakeholders, including various legislators, regulators, NGO’s, investment analysts, and law enforcement.
- A group of franchised retailers opposed legislative measures that would allow a manufacturer of competing products to bypass existing consumer protection laws. In less than one week our firm assisted in identifying, analyzing, and describing the potential negative impact of the proposed legislation, including by researching a wide array of databases, social media, trade press, and public records maintained by government agencies and industry regulators. The clients incorporated our findings and analysis into their testimony before legislators, and the proposed legislation was defeated.
- IGI conducted corporate intelligence-collection and analysis to inform a public interest client’s campaign to influence how major companies in the food products industry responded to a specific public health concern. IGI analyzed leading industry players, addressing the potential economic impact of changes to production practices, and how the companies handle conflict and potentially adversarial situations on labor, environmental, regulatory, trademark, and competitor issues. We also analyzed corporate structures and key decision-makers of the public, privately-held and foreign target entities.
- A company in the medical field retained IGI when it was facing resistance from the Food and Drug Administration (“FDA”) to getting approval for its primary product. Our team of attorneys and investigators uncovered information illustrating how certain FDA personnel were improperly hindering our client’s pending application. The results of our investigation helped the client’s application receive a favorable decision by the FDA. According to the client-company, “IGI helped us identify and overcome key obstacles during our FDA approval process, and I would highly recommend their services to any company seeking regulatory clearance in a highly competitive, politicized environment. Their exceptional skill set, high integrity and deep knowledge of how Washington DC operates makes them an indispensable partner – whether you are a start up or a multinational.” — Executive with the client-medical device manufacturer
- IGI’s client filed what was to become a landmark antitrust lawsuit against a competitor that held more than five times our client’s market share for a consumer product that both companies sold in grocery and convenience stores nationwide. Our client’s complaint accused the defendant of monopolizing the product market by engaging in exclusionary, restrictive and anticompetitive conduct, including through abuse of its category manager position with the retailers. IGI surveillance teams operating around the country captured covert video of the defendant’s delivery drivers in the act of discarding, damaging and destroying our client’s products, product display racks and in-store point-of-sale advertising. IGI also identified witnesses who testified at trial, including store owners that witnessed the acts, and former drivers who admitted to the acts caught on tape and acknowledged acting under orders from company management. On this and other evidence, the jury returned a verdict, fully upheld on appeal, of one of the largest affirmed antitrust judgments ever won. Evidence collected by IGI was credited by the client, and cited in judicial opinions, as having supported the jury’s verdict.
- A Fortune 500 company retained IGI to collect intelligence on a foreign competitor’s product, which was in the midst of a secretive design process and was to be manufactured in a new plant in the United States. The competitor had announced that its new product would aim to take market share from our client’s flagship product. IGI conducted a multi-pronged, months-long investigation to compile qualitative and quantitative information about the product and the factory at which it was to be built. Through discreet interviews of industry insiders, IGI learned details of the competing product’s design and specifications before a prototype was unveiled. By obtaining and reviewing publicly filed zoning document and permits, and interviewing individuals with access to the construction site, IGI was able to glean details relating to the plant’s costs, capacity and efficiency. The information assisted our client to proactively meet the competitive challenge on strategic planning, marketing and public relations fronts.
- A regional Bell operating company hired IGI to gather information in connection with a lawsuit filed by a competing local exchange carrier, which alleged that our client denied access to, and interconnection with, essential facilities. This allegedly contributed to customer defections and revenue shortfalls that led the competing telecom’s stock to plummet. Through interviews of former employees from all levels of the plaintiff company, IGI elicited information, signed affidavits and documentation improperly withheld from discovery demonstrating that it was not our client’s actions that caused the company’s financial woes, which were instead attributable to myriad internal problems and an inept and inexperienced executive team. The information obtained by IGI was integral to our client’s successful settlement of the suit.
- A major pharmaceutical company received suspicious phone calls making inquiries about the status of regulatory approval of one of its drugs. Working with the company’s attorney, IGI’s investigation identified the source of the calls, confirmed that the caller was using a false identity and a false pretext for making the inquiries, and linked the caller to a competitive intelligence firm. Legal action against that firm ultimately led to identification of its customer, a competitor of our client, and a negotiated settlement.
- On behalf of a law firm whose client had lost a large contract related to national security and United States’ infrastructure, IGI conducted research into the new contract recipient, and its corporate ownership. As part of these efforts, our team conducted several strains of research to identify undisclosed corporate holdings, dubious financial investments, and disqualifying violations of norms and violations by the contract recipient, and its parent company. The investigation included: conducting financial analyses of the contract recipient’s majority shareholder – including by attending overseas investor, shareholder, and industry presentations – to demonstrate that the recipients’ bid price was untenable and unprofitable; collecting and analyzing foreign press and investigative reports, international whistleblowers’ statements, and international regulators’ documents that demonstrated that the contract recipient’s majority shareholder was engaged, or complicit, in human rights or surveillance violations in several autocratic regimes throughout the globe; identifying and conducting numerous interviews with a whistleblower involved in litigation with the contract recipient, who alleged that the recipient was violating national security regulations and protocols in the preparations for administration of its contract; and developing extensive research into the recipient’s minority shareholder, through which IGI had identified and developed evidence of the minority owner’s unsuitability to administer a telecommunications contract. IGI discovered nearly two dozen investments that the minority shareholder had configured in a network of partnerships, shell companies, and holding companies located in the at least five offshore jurisdictions. Our team determined that even upon request, the minority shareholder had not disclosed these investments and holdings to required regulators. In addition to failing to disclose these interests to regulators, we demonstrated that the minority shareholder had undertaken measures to actively conceals these activities. IGI obtained primary source documentation including loan agreements, collateral documents, share pledge agreements, company registrations, and board meeting minutes in these jurisdictions that demonstrated that the minority shareholder was obtaining large capital loans to support its overseas holdings, sometimes utilizing its other investments’ shares as collateral, in contravention of the contract’s terms.