What's Market In Private M&A?

Executive Summary

In what is always welcome reading for dealmakers, the American Bar Association (ABA) recently published its 2023 Private Target M&A Deal Points Study (US Deals).

The Study provides valuable insight into the direction of M&A trends in the US market and is a leading resource in answering a key transactional question: what's market?

To facilitate review of the 134 page Study, we've summarized a selection of its most significant findings. We also highlight the following key practical and commercial takeaways:

• Representations and Warranties Insurance (RWI) has become an increasingly dominant factor in driving private M&A negotiations, and its impact on deal terms is often significant.