Drafting Joint Defense Agreements: Protecting the Privilege, Sharing Work Product, Avoiding Disqualification

Joint defense agreements can be a valuable tool for counsel representing co-defendants facing a variety of types of litigation, including intellectual property, securities, energy/environment, commercial litigation, antitrust, product liability, and mass torts. Joint defense agreements allow defendants to reduce costs and coordinate strategies, discovery, and filings.Joint defense agreements are not without risks, however.
Sharing work product and confidential information among defendants–who are frequently also competitors–may expose and lead to future litigation among the co-defendants. Counsel considering entering into joint defense agreements must carefully scrutinize the pros and cons and establish preemptive safeguards to protect their client’s interests and confidential information.
Listen as our authoritative panel of experienced litigators examines the critical factors that parties contemplating a joiit defense argument must evaluate, the essential provisions of the deal itself, and strategies for meeting the legal ethics requirements related to joint defense agreements.

Outline

  1. Considerations before entering a joint defense agreement
    1. Advantages and disadvantages
    2. Cost
    3. Participants
    4. What information to share
    5. Settlement issues
  2. Joint defense agreement
    1. Key provisions
    2. Provisions concerning disclosure
  3. Ethical considerations
    1. Conflicts of interest and potential disqualification
    2. Protecting privileged information
    3. Ethics opinions addressing joint defense
Strafford and HB Logos

On Demand CLE Webinar

A Strafford production specially selected for HB audiences.

Speakers

Caroline Covington
Attorney
Steptoe & Johnson

Benefits

The panel will review these and other key issues:

  • What critical safeguards must defendants put in place to protect the joint defense privilege?
  • What are the main steps that defendants working jointly can take to avoid or cope with potential conflicts?
  • What preventative clauses should be incorporated into the joint defense agreement to minimize potential risks?