Before the Session
During the Session
- What is “sandbagging” in the context of an M&A deal?
- What’s the purpose of a pro-sandbagging provision? An anti-sandbagging provision?
- What explains the difference between pro-sandbagging jurisdictions and anti-sandbagging jurisdictions?
- How do buyers and sellers typically view this issue?
- How might a buyer respond if a seller pushes back against including a pro-sandbagging provision in an agreement?
- Why are so many deals silent on this issue?
- What impact, if any, does rep and warranty insurance have on the issue of sandbagging?
- Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
- General practice tips (dos and don’ts)
- Firm-specific guidance and practices
After the Session
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