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What is a Non-Disparagement Clause in a Settlement Agreement?

Posted by Steve Vondran | May 19, 2022

Attorney Steve® Litigation Essentials - Settlement Terms

Justice in cyberspace

The Non-Disparagement Clause


Settling Party agrees to take no action that is intended to or would reasonably be expected to harm ABC Software or any of its parents, affiliates, subsidiaries, or any of their officers, directors, employees, agents, or representatives, or their reputations, or lead to unwanted or unfavorable publicity to any of the foregoing individuals or entities.

Settling Party further agrees not to make, or cause to be made either directly or indirectly, any disparaging remarks, comments, or statements, whether in person, in print, or online, concerning any of the foregoing individuals or entities.  

For purposes of this provision, “disparaging remarks, comments, or statements” are those that impugn the character, honesty, integrity, morality, or business acumen or abilities in relation to any aspect of the operation of the business of the foregoing individuals or entities.

Notwithstanding the foregoing, nothing in this paragraph will prohibit any Party from making any statement or disclosure required under the federal securities law or other applicable laws, provided, however, that such Party must provide written notice to the other Parties at least five business days prior to making any such statement or disclosures required under any such law that would otherwise be prohibited by the provisions of this paragraph."

Other Common Terms in an IP infringement settlement offer

Here are some other common terms in a BitTorrent or Copyright infringement settlement agreement.

  • No admission of fault or liability
  • Settlement payment amount
  • Confidentiality clause
  • Release of claims clause
  • Bankruptcy clause
  • California 1542 Release

Contact a Federal Intellectual Property Law Firm

If you or your business is dealing with an IP dispute (copyright, trademark, domain dispute) and you need legal representation call us at (877) 276-5084. 

We have appeared in over 350 state and federal court litigation cases since our inception in 2004.  We are one of the leading copyright infringement law firms in the United States.


About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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