Recently by Patrick J. O'Toole, Jr.
FTC v. Actavis: The Supreme Court Decision And Going-Forward Scrutiny Of Reverse Payment Settlement Agreements
Introduction A controversy over what the Supreme Court has now defined as “reverse payment settlement agreements” has been brewing for years. A reverse payment settlement agreement is a settlement agreement resolving patent infringement litigation brought by an innovator against a...Read More
Fair Is In The Eye Of The Beholder
A recent Delaware Chancery Court case serves as a reminder to private equity sponsors that portfolio company investments need to be carefully structured and documented to reduce the risk that unhappy co-investors could sue them or their board designees in connection with a less than wholly...Read More