Settling the Dispute Over the Settlement Privilege: Upholding the Existence of a Settlement Privilege After FTC v. Actavis

In this article, Kaye Scholer attorneys Andrew K. Solow and David A. Kerschner argue that parties need to know that their communications are protected so they will negotiate freely, and that the policy considerations underpinning Actavis have no place in the application of the settlement privilege.