The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: Settlements

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Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are For Real

Posted in Contracts, Settlements
If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement?  A recent Florida appellate decision is a good reminder to think carefully about the confidentiality clauses in your settlement agreements both before—and after—you settle your case. (Look for some best practices at… Continue Reading

Reverse Payment Settlements Now Under the Microscope

Posted in Settlements
Last Monday, the Supreme Court held in FTC v. Actavis that “reverse payment” settlements in patent infringement cases—more colorfully known as “pay for delay” settlements—may sometimes violate the Sherman Act. Pay for delay settlements come up most often when an upstart company (usually a generic manufacturer in the pharmaceutical industry) begins producing a product that… Continue Reading
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