A last-minute dramatic twist to a highly contentious auction. : Japan's embattled Toshiba (tosbf) has selected a group led by U.S. private equity firm Bain Capital to buy its prized memory chip unit, three people with knowledge of the talks said on Wednesday, a last-minute dramatic twist to a highly contentious auction. But it's unclear whether the decision by Toshiba's board will mean the sale will now proceed smoothly, as rival suitor Western Digital (wdc) has initiated legal action, arguing no deal can be done without its consent due to its position as Toshiba's joint venture chip partner.