ABA Releases 2025 Deal Points Study

The American Bar Association’s (ABA) Business Law Section has released its 2025 Private Target Deal Points Study. Studying deals between $25 Million and $900 million, the study analyzes trends in business deals, including:

• Transaction Expenses as part of Post-Closing Adjustment.
• Existing Fact or Condition as part of MAE definition.
• Control of Defense of Third-Party Claims – Failure to Adequately Defend and Government Authority Involvement.
• Fraud as a Stand-Alone Indemnity.
• Earnouts.
• Representations and Warranties Insurance (RWI).  
• No Survival Deals.
• Indemnification for Actual vs. Alleged Breaches.
• Single vs. Double Materiality Scrape.

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