Garda Claims Against Sun Capital Prove Speculative, Judge Says

July 11, 2023, 8:01 PM UTC

Private equity firm Sun Capital Partners Inc. won’t face breach-of-contract claims from Garda USA Inc. after a New York judge ruled that the claims were speculative and that Garda itself breached confidentiality agreements as it tried to buy Sun Capital’s mid-sized security services company SOS Ultimate Holding LLC.

Garda, a competing security services company, claimed that as it tried to finalize a $558 million merger transaction to acquire SOS, Sun Capital repeatedly made false statements to the company; pursued transactions with other potential buyers; and shared information about Garda’s bid with those other buyers. Because of those actions, Garda’s purchase ...

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