Ken Najder, a partner in the Corporate Practice Group in the New Orleans office, authored the article "The Dangers of Groupthink in Private Company Sale Transactions" published by the American Bar Association (ABA) Business Law Section's Business Law Today on November 21, 2025. In the article, Ken explains that the near disappearance of fiduciary out provisions in private company sale agreements, driven by overreliance on market survey data, potentially poses significant risks in certain private transactions. He urges target companies to carefully assess whether such protections are necessary to avoid such risks, and when appropriate to aggressively resist purchasers’ overreliance on market survey data.

Read the full article on Business Law Today.