Bass, Berry & Sims attorney Tatjana Paterno co-authored an article for the American Bar Association's (ABA) Business Law Section previewing some key data points that will be revealed in the "ABA's 2025 Private Target Mergers & Acquisitions Deal Points Study."
Two of the data points previewed in the article ahead of the full release included:
- The number of deals referencing representations and warranties insurance (RWI) has come back up. While the 2023 Study showed RWI references dropped to 55%, the 2025 Study reveals a jump to 64% of all deals referencing RWI in the Study time period.
- Sellers are benefiting from fewer closing conditions related to legal proceedings. Stand-alone conditions to closing related to legal proceedings challenging the transaction dropped down from 46% in the 2023 version of the Study to 35% in this iteration of the Study.
The Study is the preeminent study of M&A transactions, widely utilized by practitioners, investment bankers, corporate development teams, and other advisors. It analyzes publicly available definitive acquisition agreements for transactions executed and/or completed either during calendar year 2024 or during the first quarter of calendar year 2025. The full Study will be released by the end of 2025.
Tatjana has co-chaired the Study for several years alongside Jessica Pearlman from K&L Gates. Tatjana has been involved with the Study in some capacity since 2017.
The full article, "To Be Released Soon: The ABA's 2025 Private Target Mergers & Acquisitions Deal Points Study—and Sneak Preview of Select Data Points," was published by the ABA's Business Law Section on October 6 and is available online.