Delving in Together – Trends We’re Seeing

Delving in Together – Trends We’re Seeing

We reached out to clients and partners earlier this month to offer our support. The result has been productive feedback and insightful conversations with industries grappling with the implications of the current crisis. As we listened, we heard common themes emerge among public affairs professionals across the country:

  • Information overload has increased exponentially, yet it’s more difficult than before to stay “in the know” from behind your laptop at home.
     
  • It has become more difficult to determine what’s real and actionable – and what isn’t.
     
  • Governments are still governing – there is plenty of action outside of Coronavirus response happening below the radar with legislation, regulation, and policy discussions.
     
  • Some issues have been paused, others accelerated, but none are going away, so now is the time to sharpen your ability to shape the debate.
     
  • Many firms are reassessing their operating landscape, and what will change and what will be the same.

You are juggling a lot right now, and Delve is committed to serving as a trusted source of insights that helps you make more informed decisions. That’s why, as industries and companies work to endure through the current crisis, we are building on your feedback to highlight what is important on the path to progress. 

In the coming days, we will launch a revamped TL;DR newsletter that will now publish weekly and focus on the forthcoming recovery. The first edition will showcase ways that companies and industries are making a positive community impact in the midst of the coronavirus. We hope it provides you with some ideas for how your teams, clients, and coalitions can make a difference during this challenging time. 

As we continue forward towards the recovery, Delve is here to provide you and your organization with support in meeting these challenges. Please keep in touch and let us know how we can help. We are happy to schedule a call about your needs at no cost or no obligation.

In the meantime, we hope you, your teams, and your families remain safe and healthy.

Delving in Together – How Can We Help?

Delving in Together – How Can We Help?

Dear friends,

We find ourselves in uncertain times. While that can sometimes be a good thing for public and government affairs professionals who help create order out of chaos, the evolving landscape today feels different as we’re social distancing, caring for children unable to attend school, looking out for elderly loved ones, and grappling with an unprecedented world pandemic.

Our team here at Delve wants to do our part to help you navigate these uncharted waters because that’s what we do every day. If your organization is facing or anticipating a public affairs challenge, we’re here to help with no cost or obligation. Please contact us to schedule a time to talk through your issue and we can provide you with a short risk snapshot to help you as you begin to plan for the days, weeks, and months ahead.

We are passionate about leveraging our research and analysis expertise to help you prepare your organization for the challenges ahead. Together, we will get through it.

Wishing health, prosperity, and hope,

 

Jeff Berkowitz
Founder & CEO

How To Fight FOMO

How To Fight FOMO

Here’s the bad news: the fear of missing out (FOMO) is real, and it’s even more pronounced for public affairs professionals. That’s according to yet another industry survey, this one by FiscalNote and CQ Roll Call of “600+ public affairs, government relations, public policy, corporate and external affairs, and grassroots and advocacy professionals across the country, — representing every industry in the global economy.”

The survey found that “being a leader in the public affairs space has become more challenging than ever before,” with “almost two thirds of” of respondents saying their “job was stressful or very stressful.” A deeper dive into the data illustrates exactly why:

  • 76% of participants work on teams of less than six, requiring small teams to do more with less.
  • 52% of those team members are located outside of Washington, and with more venues come more pertinent policy and regulatory issues at the international, federal, state, and local levels.
  • Nearly 60% of organizations follow more than six policy issues (and half of that 60% is covering more than 10 issues), making it difficult for small teams to “discover, monitor, and report on to internal and external stakeholders.”
  • 50% of respondents’ number one challenge in their role is “not enough time” to accomplish all their priorities, even as they expect those priorities to expand wider to cover more jurisdictions and deeper to cover more issues.
  • More than 40% fear “missing something important in legislation or regulations,” one of the top stressors identified in the survey. That fear is not surprising given that nearly 80% of respondents said they missed an occasional or significant amount of critical policy developments in the past year.

Now for the good news: you’re not alone in the operational challenges you face. Here at Delve we’re helping busy public affairs professionals do more under the constraints of today’s policy and business landscape.

From keeping executives informed of key trends and developments relating to their issue sets at the local, state, national, and international levels, to helping them cut down their time researching and tracking events so that they can invest it in critical functions that move the needle such as outreach and engagement with internal and external stakeholders, our analyst teams serve as a force multiplier for public affairs professionals at companies and trade associations who seek to both better leverage key developments in the news to their organization’s advantage and reduce their stress.

Top 10 Reasons Your Candidate Doesn’t Need a Vulnerability Study

As this great era of political disruption continues, commentators, consultants, and political junkies are left to wonder whether or not the old rules of politics still apply to campaigns post-Trump. Some may be tempted to think candidates can now say whatever they want, ignore improprieties and missteps in their pasts, and weather any public affairs firestorm that may come their way during the heat of a campaign. Such thoughts could even lead some to conclude that if the traditional campaign playbook is obsolete, then why would they invest in research to craft their messaging, inform their strategy, and uncover what they don’t know about their candidate and opponents?

Here at Delve, we’ve conducted vulnerability and opposition research for campaigns and independent expenditure groups in 157 races spanning 43 states over the last five election cycles. All of which is to say, we know a little something about the value that a strategic research partner can bring to bear on our clients’ races. In fact, we believe an information advantage provided by research insights is the difference between a campaign that prepares for victory and one that hopes for it.

While there are many things that can’t be controlled during a campaign, uncovering and addressing your candidate’s vulnerabilities is one thing you can. That is why the first step in preparing for victory is understanding your candidate’s professional and personal background and history so that surprises in an ever-evolving campaign environment can be avoided. So why do some campaigns forgo this critical component of a winning campaign?

Even before Trump hit the campaign trail, we heard a lot of excuses from campaigns and candidates, who we thank for helping us pull together the top ten reasons for why a candidate doesn’t need a vulnerability study.

10) “We did a vulnerability study for his first race.” Good research starts getting old the moment it’s completed. Whether your candidate is up for his first reelection or fifth, or seeking a promotion to a higher office, examining the personal and professional history since the last vulnerability study – with the notable addition of an in-depth analysis of his actions while in office whether votes, expenditures, staffing, legislation, meetings/hearings, etc. – will help best position him to stand for reelection again next cycle. Even already known research must be reexamined in the context of the new political environment. What was once a record to tout could now be a record that sows doubt.

9) “We already know his vulnerabilities.” There is a difference between vulnerabilities you see as part of the campaign and those that others independent of it perceive, whether your opponent, the public, or the media. An outside perspective can help uncover insights into vulnerabilities that can be prepared for before they catch you by surprise. Even if you believe a vulnerability has been litigated in past campaigns, the new political environment or a higher stakes campaign against a different opponent can change the dynamics of how voters react to it. The issue may be old to you, but that doesn’t mean it is for voters.

8) “We’ll just focus on our opponent for now.” What if your opponent uncovers a key vulnerability in your candidate’s past and broadsides your campaign when you least expect it? What if you attack your opponent for something that you can be attacked on as well? Part of focusing on your opponent means focusing on what your opponent can leverage against your candidate throughout the race.

7) “My candidate has top secret national security clearance – he can’t have done anything that bad.” As Ronald Reagan said, “Trust but verify.” If thorough research shows this statement is more accurate than not, you will have the verifiable facts to proactively prepare for events in the candidate’s past that could be twisted and taken out of context, as well as dispute false claims. Plus, security clearance background checks are looking for information foreign governments or other bad actors could use to blackmail someone and information that otherwise suggests the individual is not trustworthy. A campaign vulnerability study analyzes the available information through a different lens – seeing how opponents could fairly or unfairly build a narrative for a campaign, not a spy ring.

6) “If there was something to find, it would’ve come up already.” Gut-wrenching revelations about longtime elected officials in high office prove this is not the case all too frequently. Perhaps thorough research was never done in the past, or done well, and the public has been taking for granted that there is no “there” there. You simply cannot know what you don’t know about your candidate’s vulnerabilities, and as Benjamin Franklin wisely counseled: “An ounce of prevention is worth a pound of cure.”

5) “My candidate is unopposed in the primary.” Wonderful! Your campaign is in the enviable position to prepare for the general election and uncover all of the slings and arrows that your opponents are sharpening for the fight. To determine the best contrast messaging you should use to frame the debate in the general election, you need to know your own strengths and weaknesses.

4) “I’ve already Googled my candidate.” An insightful, actionable vulnerability study goes well beyond simple web searches. Instead, it is derived from a broad range of primary and secondary sources, which may even include on-the-ground and in-depth field research, to piece together what a candidate has done, said, and what others have said about her. Collecting this information – from online and off – is just the start. A good vulnerability study is a “red team exercise” providing insights and analysis from the information collected to help campaigns think through messaging and lines of attack that could be used by opponents against their candidates.

3) “I don’t have the budget for a vulnerability study.” With political ad spending expected to hit $10 billion in 2020, figuring out how to maximize your campaign’s spending to deliver your message to voters is vital. In our experience, investing just five percent of your media budget in research to ensure your message has the most effective, impactful, and accurate information to persuade and motivate voters puts your candidate in the best position to win on Election Day. Not to mention, a campaign trail surprise about your candidate’s record is likely to curtail your campaign’s ability to fundraise – how much budget will you have then?

2) “Even if there’s a surprise, the media will just move on to the next thing soon enough.” If the cause of the revelation is known or knowable, it saves time, effort, precious dollars, and reputation to uncover it before the heat of the campaign. As the old campaign saw goes, if you’re explaining, you’re losing. Few candidates are able to withstand the scrutiny, outrage, and attention of a major crisis once it’s illuminated. Victory favors those who prepare for it.

1) “The press will never find that out.” Really?

While you can never ensure victory, understanding and addressing your candidate’s key vulnerabilities ensures you won’t be leaving your candidate’s fate, well, to fate. Let us know how the research bullpen at Delve can help you make a difference in your race, because this list doesn’t go to 11.

 

 

Ten BILLION Dollars

Ten BILLION Dollars

If you thought the 2018 political cycle was expensive, get ready for 2020.

As reported in Campaigns & Elections, political ad spending is expected to hit $10 billion next year – an 8.2 percent increase from the 2018 election cycle.

This estimate was calculated by GroupM, a firm affiliated with multinational public relations company WPP, and it defines political ad spending as including “core TV, radio, digital, newspapers, magazines and out-of-home” but excludes categories such as direct mail. The forecast can be viewed in its entirety here.

While that is an eye-popping amount, it is not just financial resources that go into making political ads successful. A lot of thought, effort, and creativity are brought to bear as well. With so much spending and so much effort invested, how will your campaign make the biggest impact with its messaging efforts in 2020?

Here at Delve, we believe the answer to that is in having a dedicated research partner to ensure your campaign’s message has the most effective, impactful, and accurate information to persuade and motivate voters.

In our experience, effective campaigns make this investment – which is often just five percent of the total voter outreach budget. When considering how much your campaign will spend on delivering your message to voters via mail, television, radio, web and social media, and direct voter contact, making this investment early helps gain a deeper understanding of your strengths and your opponent’s weaknesses to give your campaign’s strategy and messaging an information advantage.

Your campaign cannot afford to miss vital information that could impact the course of an election because what you don’t know can hurt you, and help your opponent. With $10 billion in weaponized spending in 2020, research will be an integral part of helping campaigns get the most value from their spending and be in the best position to win on Election Day.

 

Delve Announces Key New Hires

Delve exists because our clients – from large companies to major trade associations – need an information advantage that helps them understand, overcome, and anticipate public affairs challenges they face from competitors, policymakers, and other stakeholders.

Since our December 2015 official launch, we have been providing our clients with research insights that do just that, drawing on our expertise that pairs deep political knowledge with a keen understanding of the impact levers of policy and government can have on business. This combination is what separates Delve from other firms that, while they may specialize in politics or business, do not connect both and how they apply to political risks and challenges facing corporate interests.

That is why I’m excited to share with you that Delve has made three key new hires who have not only policy and political experience at the highest levels, but also perspective on how these arenas influence the environments in which our corporate clients operate. With the addition of these talented and tested individuals, Delve is taking the information advantage we offer our clients to a whole new level:

  • Lindsay Pitts joins Delve as Vice President of Research and Analysis. Lindsay most recently helped secure gains in the Senate as Deputy Research Director at the National Republican Senatorial Committee, and she also brings significant in-depth policy experience to Delve, having served as Legislative Director for two Members of Congress, including for then-Chairman of the Rules Committee Pete Sessions. As a former Senior Analyst for competitive intelligence at Freedom Partners, she has a proven ability to weave politics and policy together through the lens of corporate public affairs that will help elevate our new monitoring service and ensure our analysts continue to deliver a best-in-class research product that makes a difference for our clients.
     
  • Sean McAllister joins Delve as Research Manager, overseeing the production of in-depth, actionable insights from foundational research that empower client decision-making. Sean spent the last three election cycles on the National Republican Congressional Committee’s research team and prior to that, spent nine years building an in-depth understanding of the policy impacts on business while handling state regulatory and legislative affairs at a major trade association. At the beginning of his time in Washington, he served as a Political Liaison for the Speaker of the U.S. House.
     
  • Michael Oberman returns to Delve as Senior Research Analyst. A former Research Associate at the firm, Michael has led research and rapid response efforts for the national and several provincial Conservative party organizations in Canada. Earlier this month, he finished his work providing research support for the successful return of the Alberta government to Conservative hands.

Please join me in welcoming Lindsay, Sean, and Michael to the team. While they have already hit the ground running, if you would like to leverage their expertise – as well as that of our entire research shop – feel free to contact me and we can set a time to discuss your research needs.

Onward!
Jeff Berkowitz
Delve Founder & CEO

U.S. Capitol

116th Congress: Most Partisan in History – Gridlock or Compromise?

With all the ballots cast in the midterm election and most of the results finalized, it’s important to examine what this election means, what to expect from a new Democratic majority in the House, and what relationship will develop between House Democrats, Senate Republicans, and the Republican White House.

One of the more interesting and least talked about products of this election is the staggering increase in the number of partisan policymakers in the upcoming 116th Congress. In fact, when the new Speaker takes the gavel in the House of Representatives this January, he or she will be presiding over the most partisan group in the history of Congress as illustrated by an analysis of data of party and non-party spending. It’s a reflection of the voters who elected them that are more ideologically divided than ever before.

The lazy analyst will inevitably view this new reality as proof that the legislative process is dead and that gridlock and partisanship will hold the government hostage for the foreseeable future.  While this narrative may be broadly adopted, we strongly believe that the new landscape will continue to allow for real policymaking and that advancing legislation will occur despite the increased partisanship.

While it may surprise some, partisanship and compromise can (and will) happen on a parallel track.  The partisan extremes usually stay on their ends of the political spectrum and message around issues important to the base.  They may contribute to the debate, but they are not driving (or interested in driving) the agenda that gets signed into law.

At the same time, others will move quietly to find compromise, negotiate, and advance legislation despite the politically complicated landscape of the new Congress.  It’s not that the negotiating table will disappear under the new political landscape, but there will certainly be fewer seats at that table; strong partisans are not likely to be in the room and decisions will be made by those who are focused on getting bills signed into law, not those that see the debate as the end result.  Those at the table will become increasingly more influential within the legislative process, despite the lack of media attention, which will be focused on their more partisan colleagues.

Recent history holds ample precedent. 1994’s Republican Revolution ushered a class of high-octane partisans into power in both chambers, a midterm reaction to Bill Clinton’s Democratic White House. Despite two well-publicized government shutdowns in 1995, the quiet, workmanlike efforts of some Democrats and Republicans produced an impressive slate of policy achievements:

  • Personal Responsibility and Work Opportunity Act (Welfare Reform)
  • Gun Ban for Domestic Violence Offenders
  • Taxpayer Bill of Rights 2
  • Telecommunications Act of 1996
  • Health Insurance Portability and Accountability Act (HIPAA)

2013 provides an inverted example of our present political moment: an embattled Democratic Party, led by Barack Obama and Harry Reid, controlled the White House and Senate, while Tea Party Republicans held sway in the House. Much was made of the partisan intransigence leading to that year’s government shutdown. However, as in 1995, less attention was paid to important legislation successfully passed by compromisers on both sides of the aisle:

  • National Defense Authorization Act
  • 2014 Farm Bill
  • Loan Support for Ukraine after the Invasion of Crimea
  • Homeowner Flood Insurance Affordability Act of 2014
  • Veterans Health Administration Reform
  • Anti-Sex Trafficking Provisions
  • American Savings Promotion Act

Of course, the new Democratic majority in the House will bring forward an agenda that parrots the themes for their successful campaign effort, which will include:

  • Immigration (Dreamers and Family Reunification)
  • Student Loan Debt
  • Climate Change (Paris Climate Accord)
  • LGBTQ Bill of Rights
  • Unwinding the President’s Executive Actions Around the Environment
  • Consumer Protections

These will be loud debates that will provide opportunities for both sides of the political spectrum to message towards their base in advance of the 2020 election.  While these debates will be prominently featured in the press, they are unlikely to see the light of day in the Senate and will never get close to the President’s desk for signature.

The more important agenda to focus on, which may not be mentioned above the fold, is the one that will find compromise within this new partisan landscape.  This will include:

  • FY 2020 Appropriations
  • An Infrastructure Package
  • Drug Prices
  • Middle Class Tax Cuts
  • Privacy
  • Stabilization of Healthcare Policy
  • USMCA implementation language
  • The Farm Bill (if not completed this year)
  • National Defense Authorization Act
  • Intelligence Authorization Act

For those whose goal is more policymaking than messaging, there will be opportunities to make a significant policy impact within these policy sectors.   Both the President and the Democrats have expressed an interest in these issues and they both have a political incentive to govern and not walk into the 2020 election blamed for the partisanship. Even in the most divisive of times, there will always be leaders who are seeking compromise and the 116th Congress could prove to be the stage for these politicians.

 

 

Under The Robe - Supreme Court Vetting

Under The Robe: Supreme Court Vetting, The Municipal Manifesto, And (Oppo)rtunity Costs

Here’s what you need to know…

This week, President Trump nominated the second Supreme Court justice of his presidency with the selection of Judge Brett Kavanaugh of the D.C. Circuit Appeals Court. Irrespective of character and credentials – indeed of any personally-identifying information at all – opposition has sprung up immediately and outrage and hysteria are already at a fever-pitch.

Delve CEO Jeff Berkowitz has been involved in four Supreme Court nominations, two in support of nominees and two against, and in the interest of full disclosure, worked with then-Staff Secretary Kavanaugh in President George W. Bush’s White House. While the nomination debate devolves into mudslinging, this week we are delving into the particulars of the vetting process to illuminate the behind-the-scenes tactics used during these high-stakes Supreme Court nomination fights:

  • Where Does The Vetting Begin? With The Judicial Record. For a nominee to the highest court in the land, the nominee’s history and actions throughout his or her legal career is the obvious starting point. This examination includes not only prior case law and ruling history, but also whether the nominee was a member of a law review and has produced any academic writings about cases outside of legal decisions. Because Supreme Court nominees are typically lawyers before they are judges, the things they have said or done as a lawyer matter, including – whether they were in private practice, a prosecutor or a defense attorney – the types of cases they took, whether they won their cases, and who they took on as clients. All of this information substantiates a convincing narrative as to whether or not a nominee has the experience, judgment, and credentials to stand up to scrutiny in the public arena.
  • Vetting Continues With Public Records And Assessing Vulnerabilities: As should be done with any executive branch nominee or candidate for public office, vetting of public records related to the Court nominee is conducted to better understand the nominee’s financial position, which may include tax returns, property records, business records, and similar documents. If the nominee served in an Administration or state government, records from those entities must be requested through open records laws and secured from the National Archives or similar public and private collections.
  • How Far Back Should You Go? A thorough process would also include a deep-dive into the nominee’s family and friends, known associates (including even high-school classmates), political donations and activities, as well as what others have said about him or her going back as far as possible. When it comes to a lifetime appointment on the Supreme Court, all materials are game – fair or not. During the Gorsuch nomination last year, there were even news stories critical of the judge’s mother, who served as President Reagan’s first Environmental Protection Agency administrator.
  • How Can These Insights Be Leveraged? Unless the insights uncovered during the vetting process are organized into a compelling narrative, all of the time and effort put into the nomination could be for naught. If defending a president’s nominee, a thorough vetting provides clarity on the nominee’s vulnerabilities and allows the rollout team to anticipate and defend against likely challenges. It also allows for the building of coalitions of supporters who can go on-the-record to support the nominee, and help address and mitigate opponents who may be disposed to criticism. Conversely, if opposing the nominee, engaging early and often with facts that tell your side of the story and define the nominee in the public’s mind on your terms improves chances that the nomination could be derailed as your narrative gains traction.

Whether for a Supreme Court nomination fight or a high-profile corporate decision, vetting matters. As the new nominee makes his way around Capitol Hill and prepares for his confirmation hearings, the tactics of those on both sides of the debate – and the eventual outcome – will be instructive on the value of knowing what you don’t know.

Fireside Chat

Delve Founder & CEO Speaks At S&P Global Platts Pipeline Development & Expansion Conference

Delve Founder & CEO Speaks At S&P Global Platts Pipeline Development & Expansion Conference

The Stage: On Wednesday, Delve Founder & CEO Jeff Berkowitz spoke at the 12th Annual S&P Global Platts Pipeline Development & Expansion Conference in Houston, Texas. Joined onstage by Delve strategic partner & Off The Record Strategies CEO Mark Pfeifle, the two held a Fireside Chat to discuss preparing energy infrastructure companies for the new Age of Activism, using lessons learned from Delve’s and OTR’s teams on the ground during the Dakota Access Pipeline protests.

The Lessons: Being unprepared has consequences. Therefore:

  • Know who your opposition is: the key leaders and stakeholders; their motivations; understand their funding sources, tactics, and alliances.
  • Engage early and often, before you are in a fight: “You can win, but at what cost?”
  • Don’t expect the benefit of the doubt in a crisis. Get ahead of the curve with the facts and your own resources.

The Takeaway: We discovered that local law enforcement was facing well-organized, well-funded, and savvy professional energy infrastructure protesters. Although they left North Dakota, these professional protesters now have a roadmap of best practices to use on other energy infrastructure projects. And we’re already seeing them take action across the country.

All signs point to Dakota Access – the biggest story of 2016 after the presidential election – being a harbinger of what’s to come.

Delve CEO on The Steve Gruber Show on WJIM 1240 AM (Lansing, MI)

In the lead up to the official vote of the electoral college on Monday, petitions and articles circulated the internet calling on electors who are technically pledged to vote for Trump to become “faithless electors” and vote for someone else.

Delve CEO Jeff Berkowitz was invited onto The Steve Gruber Show the morning of the official vote of the electoral college to discuss faithless electors, the subject of Delve’s most recent TL;DR update:

Steve: “I understand that you think we are now in the bargaining phase, that’s why [Democrats] are trying to work on the electoral votes, the bargaining phase of grief.”

Jeff: “I think that’s about right. You know, at some point [Democrats] will hopefully come to acceptance or some sort of reluctant acceptance. But right now they are trying to bargain with people they think can save them, but actually can’t.”

Looking beyond, Monday’s electoral college votes, Steve asked Jeff about the state of the results going forward:

Steve: “Where does it end? Because I believe that after today [Democrats] will target John Roberts or somebody to try to figure out ‘what do we do next to try to keep Donald Trump from becoming president?’ Here’s an idea: move on.”

Jeff: “I don’t think they’ll move on. But the process is going to happen whether they like it or not. And frankly, the longer the keep doing this, the better this is for Donald Trump because they aren’t focusing on fighting his cabinet members and fighting his policies. And, it will make him better able to work with some of the reasonable folks from Washington to actually move things forward under his agenda.”

If you’re interested in getting Delve’s take on the news in your inbox every week, sign up for TL;DR here.

Or, if you’re interested in learning more about what to expect from the next administration, check out Delve’s new initiative, The Administration Project, here.