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Term: SANDBAGGING
Definition: Sandbagging is when a lawyer stays quiet during a trial when they notice a mistake, hoping to use it as a reason to appeal the case later. However, this tactic usually doesn't work because objections need to be made right away to let the judge know about the mistake. In the business world, sandbagging is also a tactic used by companies to delay a hostile takeover by pretending to negotiate but dragging out the process as long as possible.
Definition: Sandbagging is a tactic used by trial lawyers or corporations to gain an advantage.
When a possible error occurs during a trial, a trial lawyer may remain silent in the hopes of preserving the issue for appeal if the court does not correct the problem. However, this tactic does not usually work because objections must be made promptly to alert the trial judge of the possible error.
A lawyer does not object when the opposing counsel asks a leading question. The lawyer hopes that the judge will not notice the error and that they can use it as grounds for appeal if they lose the case. However, because the lawyer did not object promptly, the judge may not consider it a valid issue for appeal.
In the context of corporations, sandbagging is an antitakeover tactic. The target company delays a hostile bidder's final offer by agreeing to negotiate, then prolonging bad-faith negotiations as long as possible.
A company is being targeted for a hostile takeover. The company agrees to negotiate with the bidder but drags out the negotiations, hoping to delay the final offer as long as possible. This gives the company more time to find alternative solutions to the takeover.
These examples illustrate how sandbagging can be used to gain an advantage in different contexts. However, it is important to note that this tactic may not always be successful and can sometimes backfire.