Litigation
In this Special Report from the New York Law Journal: "What's the Point? The Future of Litigation," "Reverse Payments, 'Actavis' and Settlement of Hatch-Waxman Disputes," "Solving the Insurance Allocation Dilemma" and "Class Action Trends in the Wake of 'Wal-Mart' and 'Comcast.'"
September 08, 2015 at 07:48 AM
2 minute read
View the Digital Edition of this Special Report.
What's the Point? The Future of Litigation
Susan T. Dwyer and Ronald J. Levine of Herrick, Feinstein write: Early case analysis, with the use of the decision tree analysis, is the most cost-effective way to approach a case, rather than merely plowing ahead with the traditional serve an answer, then a motion, then settle or try the case.
Reverse Payments, 'Actavis' and Settlement of Hatch-Waxman Disputes
Stephen J. Elliott of Sullivan & Cromwell writes: The 'Actavis' decision, and the flexibility of the rule of reason approach on which it relies, create new uncertainty as to whether a given reverse-payment agreement is lawful or not. Thus, 'Actavis' will likely deter parties from including reverse payments in their settlements, making settlement of Hatch-Waxman patent cases more difficult.
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