On November 19th, a state court in California enjoined a hostile acquisition on the ground that the bidder misused confidential information. As Wachtell Lipton said in a memo to clients, the case is an instructive instance of how confidentiality agreements can have important unintended consequences.
The decision is DEPOMED v. HORIZON PHARMA.
Here's a link, if you care to study the point further.
The litigation arises in the context of an ongoing consolidation in the world of Big Pharma. I hope to say something more directly about that consolidation in this blog soon. Just take this post as a promissory note.