While 2023 was a down year in the volume of M&A deal
flow overall, Fasken was able to remain at the forefront of league
tables.
We've also been busy sharing our insights on key
developments in M&A law and market practice over the last year,
including with The M&A Lawyer and the
American Bar Association (ABA) M&A Deal Points quarterly
newsletter.
2023 saw numerous notable developments, including:
- The increased use of earn-outs raises the need to draft with
foresight and precision: the buyer's specific efforts
undertaking can have widely different consequences.
- For a private equity (PE) buyer negotiating a non-compete with
the seller, how much protection is too much protection? Can the
non-compete extend to the PE buyer's related portfolio
companies?
