This column takes a close look at two types of provisions—sandbagging in mergers and acquisitions transactions and cumulative versus exclusive remedies, a classic boilerplate provision. For purposes ...

As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Express non-reliance provisions are increasingly common in merger and acquisition transactions, ...

The term "sandbagging" has been used generally in the M&A context to refer to the buyer's assertion of post-closing claims for breach of representation and warranty despite its pre-closing knowledge ...

Goulston & Storrs M&A attorney Dan Avery is a nationally recognized expert on M&A deal point trends. In partnership with Bloomberg Law, Dan has developed a series of 25 articles looking at these ...