Compass Lexecon was retained by Edward Welch and Edward Micheletti of Skadden, Arps, Slate, Meagher & Flom LLP on behalf of their clients, Jos. A. Bank Clothiers, Inc. (Jos. A. Bank) and its directors, in litigation before the Delaware Chancery Court seeking to enjoin the proposed acquisition of Eddie Bauer by Jos. A. Bank. Compass Lexecon assisted counsel in responding to claims by Plaintiff that the proposed Eddie Bauer transaction was preclusive to The Men’s Wearhouse’s outstanding tender offer to acquire Jos. A. Bank. Our work included analyzing the Eddie Bauer transaction’s deal protection measures as well as Jos. A. Bank’s advisors’ analyses regarding the fairness of both the Jos. A. Bank – Eddie Bauer and Men’s Wearhouse – Jos. A. Bank proposed transactions in anticipation of filing an expert affidavit. The litigation terminated on March 11, 2014 prior to the Injunction Hearing upon Jos. A. Bank’s directors’ acceptance of an increased purchase offer and execution of a merger agreement with The Men’s Warehouse. The Compass Lexecon team included Kevin Dages, Jennifer Milliron, George Hickey, Tim McAnally, and David Strahlberg in our Chicago office.