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Expert Analysis

Del. M&A Decision Highlights Need To Address Sandbagging

By Gail Weinstein, Steven Steinman and Mark Lucas (March 28, 2022, 6:14 PM EDT) -- Sandbagging, in the context of an M&A transaction, refers to the situation in which a buyer, prior to closing, knows that the seller's representations and warranties in the parties' acquisition agreement are false, but nevertheless closes the transaction and then seeks to hold the seller liable for that breach....

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