In the past two weeks we have provided an overview of sandbagging in M&A transactions and discussed strategies that can be used when negotiating this clause. We also provided a brief overview of the consequences of remaining silent with respect
anti-sandbagging
Part 2: Sandbagging in M&A – is silence truly golden?

By Troy Ungerman (Toronto) on
Last week we provided an overview of sandbagging in M&A transactions and outlined how buyers can mitigate their risk when an anti-sandbagging clause is included in the purchase and sale agreement. In a majority of deals, however, buyers and sellers…
Part 1: Sandbagging in M&A – negotiating strategies

By Troy Ungerman (Toronto) on
What is “sandbagging”?
The concept of sandbagging is simple: one party has a strength, an advantage, or is in a position of power, which is concealed or downplayed in order to take advantage of the other party later. In the…
2016: the year of sandbagging

By Troy Ungerman (Toronto) on
One of the highlights from the American Bar Association’s (ABA) 2016 Canadian Private Target M&A Deal Points Study in which our firm was a key participant (the 2016 Study), was the increased inclusion of sandbagging provisions in…