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Representation and Warranty Claims Arising from a Private Equity M&A Transaction

Representation of SDI, Inc., a private equity portfolio company specializing in supply chain management, in pursuing claims for breaches of representations and warranties related to seller’s failure to provide accurate financial statements in accordance with GAAP and misrepresentations concerning seller’s customer base. Successfully defeated (i) a motion for summary judgment and allegations of document spoliation, see Platinum Equity Advisors, LLC v. SDI, Inc., 41 N.Y.S.3d 721 (N.Y. Sup. Ct. 2016), and (ii) a motion for a preliminary injunction seeking to enjoin related litigation in another forum, see Platinum Equity Advisors, LLC v. SDI, Inc., 132 A.D.3d 420 (1st Dep’t 2015).