Attorney Steve® Litigation Essentials - Settlement Terms
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.