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Latest / The Acquisition Talk with Fexingo: Mergers, Buyouts, and Business Sales for Operators

How the Non-Disclosure Agreement Trap Silences M&A Sellers

Episode 77 of The Acquisition Talk focuses on a hidden danger in M&A: the non-disclosure agreement that sellers sign early in the process. Lucas and Luna unpack a real-world case from Q1 2026 where an industrial components founder in Ohio ended up legally barred from even telling his own management team about a pending deal, let alone shopping for a better offer. They break down the three specific clauses that create the trap: the broad definition of confidential information, the non-solicitation of employees that prevents hiring bankers, and the indefinite duration that keeps the seller…

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