• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Venezuela abandoning the bolivar and adopting the U.S. dollar would be the biggest currency switch since the advent of the euro, Hanke says

2

'We will not endure' — Top Iranian leaders signal they are running out of time as economy crumbles ahead of Trump's next sanctions onslaught

3

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

1

Venezuela abandoning the bolivar and adopting the U.S. dollar would be the biggest currency switch since the advent of the euro, Hanke says

2

'We will not endure' — Top Iranian leaders signal they are running out of time as economy crumbles ahead of Trump's next sanctions onslaught

3

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

Attack of the M&A ambulance chasers

By
Dan Primack
Dan Primack
Down Arrow Button Icon
By
Dan Primack
Dan Primack
Down Arrow Button Icon
December 23, 2010, 3:57 PM ET
Add Fortune on Google for similar content.

At 8 a.m. this morning, private equity firm Leonard Green & Partners announced that it has agreed to buy fabric and crafting retailer Jo-Ann Stores Inc. (JAS) for approximately $1.6 billion.

Soon after, I tweeted the following:

“Over/under on time until some law firm announces “investigation” of Jo-Ann Stores buyout? I say 3 hours.”

My message wasn’t intended to suggest that either Leonard Green or Jo-Ann management had done anything untoward. Not only does the buyout offer represent a 34% premium to yesterday’s closing price for Jo-Ann shares, but it is more than $13 per share higher than Jo-Ann has ever traded.

Instead, my tweet reflected the sad reality that virtually every single take-private buyout is quickly “investigated” by class-action attorneys in seek of litigious shareholders.

The first “investigation” was announced at 9:56 a.m., which means that the NY Times scribe Michael de la Merced was actually closer to the actual time. And a bunch more have since followed.

Most of the “investigating” attorneys either didn’t pick up the phone or declined to comment. Noah Wortman of Rigrodsky & Long, for example, took my call but ended it the moment I introduced myself as a reporter (“we have a policy of not speaking with the press”).

One who did, however, was Tripp Levy (head of eponymous New York City law firm Tripp Levy PLLC). In his press release, Levy writes:

The investigation concerns, among other things, whether the consideration to be paid to Jo-Ann shareholders is grossly unfair, inadequate, and substantially below the fair or inherent value of Jo-Ann. The investigation further concerns whether the directors of Jo-Ann may have breached their fiduciary duties by not acting in Jo-Ann shareholders’ best interests in connection with the sale process of Jo-Ann.

I asked if he had any evidence to support his suggestions, and he said that the investigation was commenced following a “quick and dirty look at deal multiples of competitors.” I asked for names, to which he could only give me Gymboree, which Bain Capital recently acquired for $1.8 billion.

The Gymboree deal was transacted at a 7.8x multiple to EBITDA, while Leonard Green’s offer for Jo-Ann’s comes in at around a 7.6x multiple to EBITDA. Not exactly the type of difference that would prompt accusations of being “grossly unfair.” Maybe he was talking about the stock price premium, which was 57.4% for Gymboree, compared to Jo-Ann’s 34%. Or maybe he was actually thinking about the 8.6x mutliple to EBITDA that Leonard Green and TPG offered for J. Crew (JCG), although the stock price premium there was just 16%.

Or maybe, just maybe, we’re talking about the M&A world’s version of automated ambulance chasers. After all, three more “investigations” have been announced just since I began writing this post 20 minutes ago. No way that many law firms have clients who woke up this morning, saw they were being offered more for their stock than it had ever been worth and thought: “I need to call my attorney. This is grossly unfair.”

About the Author
By Dan Primack
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in


Most Popular

Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

    Latest in


    Most Popular

    © 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
    FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.