THOUGHT LEADERSHIP/ALERTS

Nixon Peabody’s 2010 Annual MAC Survey provides an expanded analysis of publicly disclosed M&A transactions. The survey explores trends in the use of material adverse change clauses in M&A deals and reflects insight on a range of issues related to the allocation of risk between transacting parties in mergers and acquisitions. We initiated this annual survey following the dramatic stock market decline in 2000 and the events of September 11, 2001, to track their effects on the negotiation of MAC provisions in M&A deals. Since that time, this annual exercise has undergone significant expansions in its scope and analysis in its effort to identify current negotiation trends.