Neill May is a contributor to Canadian Lawyer magazine. This article first appeared in the June 3, 2022 issue.
Excerpt from "Sandbagging: When parties to M&A deals press their advantage by exaggerating their weaknesses":
In M&A negotiations the concept of “sandbagging” arises so frequently that one wishes that the term had a more exotic or entertaining origin. As a general matter, “sandbagging” describes a circumstance in which a party pretends to be in a weaker position than it is in order to gain longer-term advantage (like a pool hustler).
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