PRESS RELEASE
30 July 2025

Unsolicited: 'Bear Hugs' In M&A

FF
Farrell Fritz, P.C.

Contributor

Farrell Fritz is a full-service regional law firm with approximately 80 attorneys in five offices, dedicated to serving closely-held/privately-owned/family owned businesses, high net worth individuals and families, and nonprofit organizations. Farrell Fritz handles legal matters in the areas of bankruptcy and restructuring; business divorce; commercial litigation; construction; corporate and finance; emerging companies and venture capital; employment law; environmental law; estate litigation; healthcare; land use and zoning; New York State Regulatory and Government Relations; not-for-profit law; real estate; tax planning and controversy; tax certiorari, and trusts and estates.

While most mergers and acquisitions are conducted on amicable terms, some take a more aggressive approach.
United States

While most mergers and acquisitions are conducted on amicable terms, some take a more aggressive approach. One such tactic is the “bear hug,” which the Corporate Finance Institute (CFI) defines as a hostile takeover strategy in which an acquiring company offers to buy the target’s stock at a significantly higher price than its current market value. Alon Y. Kapen shares his insight with Financier Worldwide Magazine on why companies prefer using a bear hug takeover strategy rather than other forms.

From the article:

“From a buyer’s perspective, the advantages of a bear hug strategy is the likelihood of acceptance due to a big premium, the incentive for stockholders to pressure the company, discouragement of competition from rival bidders and a quicker deal process,” points out Mr Kapen. “From the company’s standpoint, the strategy could be good for stockholders in the form of the premium on their shares, which will attract attention from other strategic buyers, as well as better management, if the company was underperforming.”

“Additional issues for the bidder and target company to consider include, for the bidder, a higher cost in the form of the premium, the risk of drawing attention from regulators and the risk of driving the overall price higher,” asserts Mr Kapen. “For the company, there is the risk of losing control to the bidder, risk of a bad deal resulting from stockholder pressure and litigation risk if the board resists.”

Read the full article here: Unsolicited: ‘bear hugs’ in M&A — Financier Worldwide

Contributor

Farrell Fritz is a full-service regional law firm with approximately 80 attorneys in five offices, dedicated to serving closely-held/privately-owned/family owned businesses, high net worth individuals and families, and nonprofit organizations. Farrell Fritz handles legal matters in the areas of bankruptcy and restructuring; business divorce; commercial litigation; construction; corporate and finance; emerging companies and venture capital; employment law; environmental law; estate litigation; healthcare; land use and zoning; New York State Regulatory and Government Relations; not-for-profit law; real estate; tax planning and controversy; tax certiorari, and trusts and estates.

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