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Court Of Chancery Upholds Concealment Claim

Posted In M&A

Transdigm Inc. v. Alcoa Global Fasteners Inc., C.A. 7135-VCP (May 29, 2013)

This is another in the continuing series of cases involving buyers of companies who claim to have been misled by the sellers and where the sellers rely on exculpation clauses to defeat the buyers' claims.  What is interesting about this decision is that it upholds the novel argument that a concealment claim is not barred by such exculpation language. The decision has an excellent review of prior Delaware law interpreting such clauses.

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