Can a warranty cross the line into an actionable misrepresentation? The answer: it depends on the drafting. Gopher acquired Finalto in 2022, beating a consortium led by Finalto’s CEO and COO, Hoffman and Greenbaum. Pending agreement of definitive documents, the parties entered into documents including an Equity Term Sheet promising Hoffman and Greenbaum equity in a holding company to be established post-completion, and a Management Warranty Deed under which they gave warranties to Gopher … (more)
[A&O Shearman, 7 May 2026]
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