2021 LS&HC Horizons - Flipbook - Page 41
Life Sciences and Health Care Horizons 2021
• Evaluate confidentiality. Business partners
may look to publicize their dispute to gain
leverage. Find out what confidentiality
obligations the contract imposes and how to
• Assess extra-contractual claims. Many
jurisdictions have laws that provide
distributors with additional rights, including
the rights to lost profits even with a
termination based on compliance findings.
Look to whether there have been similar
litigations or arbitrations.
• Consider proactive settlement. An amicable
resolution is almost always preferable to
Partner, Washington, D.C.
Senior Associate, New York