Legal Firm Probes $374 Per Share Boston Scientific Acquisition of Penumbra
Kahn Swick & Foti is investigating whether Boston Scientific’s proposed sale of Penumbra for $374 in cash or 3.8721 shares of BSX common stock per PEN share undervalues the company. BTIG downgraded Penumbra to Neutral after shares surged about 12% on the acquisition news, signalling investor caution over deal terms.
1. Kahn Swick & Foti Launches Investigation
On January 16, 2026, New York– and New Orleans–based law firm Kahn Swick & Foti, led by former Louisiana Attorney General Charles C. Foti Jr., announced an inquiry into the proposed sale of Penumbra to Boston Scientific. Under the deal’s terms, Penumbra shareholders may elect to receive $374 in cash or 3.8721 shares of Boston Scientific common stock per share held, with allocations subject to proration. KSF is evaluating whether this consideration and the board’s review process represent fair value for Penumbra investors, signaling potential litigation if material deficiencies or conflicts are uncovered.
2. BTIG Downgrades Penumbra Following Acquisition Announcement
In the wake of Boston Scientific’s $14.5 billion bid, equity research firm BTIG reclassified Penumbra from a Buy to a Neutral rating, citing concerns that the offer price captures only a 19% premium over the company’s pre‐announcement trading levels. BTIG analysts noted that while the deal represents Boston Scientific’s largest acquisition in two decades and strengthens its cardiovascular and neurovascular product lines, the financing mix—73% cash funded by reserves and new debt, and 27% stock—may introduce execution risk and weigh on post‐close integration synergies.
3. Stock Reaction and Outlook for Investors
Following the takeover news, Penumbra shares jumped nearly 12% in a single session on unusually heavy volume, reflecting investor approval of the premium but also sparking questions about upside beyond deal terms. Meanwhile, Boston Scientific’s shares slipped by approximately 4.5%. With shareholder votes expected in mid‐2026 and customary regulatory approvals pending, investors are weighing potential competing bids, the likelihood of deal renegotiation, and the impact of Boston Scientific’s increased leverage on future dividend policy and R&D spending.