The Men’s Wearhouse received a takeover bid from one of its competitors in men’s apparel retail chain industry, Jos. A. Bank Clothiers, Inc. (Jos. A. Bank). In response, the Men’s Wearhouse not only rejected the bid, but also offered a counter bid to acquire Jobs. A. Bank. But Jobs. A. Bank. also rejected this proposal and later on decided to be an unattractive target for the Men’s Wearhouse through an offer to buy a chain selling outdoor apparel, Eddie Bauer. Around these scenarios, the two hedge funds became a dilemma for Jos. A. Bank, when one of them, Eminence Capital that had the shares in both the Men’s Wearhouse and Jos. A. Bank.,. filed a lawsuit to push for the deal to go through and the second one, Beacon Light Capital, demanded some important governance changes at Jos. A. Bank. The chairman of the board at Jos. A. Bank needed to find a midway for both of the available options including, its offer to acquire Eddie Bauer and the Men’s Wearhouse offered to acquire Jos. A. Bank.
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