A Year After Martin Marietta, Deal Drafters Still Skittish

Law360, New York (May 16, 2013, 7:27 PM EDT) -- A year ago this month, a Delaware judge blocked Martin Marietta Materials Inc.'s $5.5 billion hostile bid for Vulcan Materials Inc. because of ambiguous language in a confidentiality agreement signed when the parties were still in friendly talks.

In the year since, attorneys say that kind of agreement has received far closer scrutiny. Once a formality to starting deal negotiations, the confidentiality agreement has become a negotiation itself. A task once relegated to junior associates is now commanding a partner review.

And both sides are embracing,...
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