Sidecar: Delaware, Sandbagging and PE Transactions
Delaware recently reaffirmed its status as a sandbagging state, allowing buyers to bring claims against sellers for breaches of representations and warranties, despite buyers' awareness of these breaches before closing. In this Sidecar episode of Committed Capital, Dechert's Christian Matarese and Daniel Rubin discuss the arguments for and against sandbagging, new guidance from the Delaware Court of Chancery on sandbagging under Delaware law, and market practice on this deal point.
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