Finding The Market In Private-Company M&A

Law360, New York (March 3, 2014, 2:38 PM EST) -- As a mergers and acquisitions lawyer, I often get questions from clients about whether a particular provision in an acquisition agreement is “market.” For lawyers working primarily with privately held companies, identifying market trends for private-company mergers and acquisitions proves challenging due to the inherent lack of data. Most transactions are not reported; those that are announced rarely provide details on the terms of the transaction.

In 2006, the Mergers & Acquisitions Committee of the American Bar Association released its first Private Target Mergers & Acquisitions...
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