Deal protection in M&A deals evolves in response to Delaware case law and the business goals of acquirers and targets. We construct a new sample of M&A deals from 2003 to 2015 to identify four such areas of evolution in current transactional practice: (1) termination fee “creep,” which was...

A go-shop process turns the traditional M&A deal process on its head: rather than a pre-signing market canvass followed by a post-signing "no shop" period, a go-shop deal involves a limited pre-signing market check, followed by a post-signing "go shop" process to find a higher bidder. A decade...