by David Fox and Daniel E. Wolf of Kirkland & Ellis LLP, 2/2/2010
As noticeable as it is for its size, the recent Berkshire Hathaway/Burlington Northern transaction is also conspicuous as an apparent example of the parties taking a thoughtful approach to the issue of deal protection in crafting a package of terms that could be viewed as "off-market" individually, but more middle-of-the-road when taken as a whole.
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