Any proof of material internal knowledge which wasn't disclosed during diligence is completely fair game in a court case like this. Human beings on juries (or

Any proof of material internal knowledge which wasn't disclosed during diligence is completely fair game in a court case like this. Human beings on juries (or judges) decide these things. If you promise to sell someone a car and don't disclose that a raccoon is living in the seat cushion, it doesn't really matter what you made them sign, you're at risk of an adverse judgement.