Strategic Use of Joint Defense Agreements in Litigation: Avoiding Disqualification and Privilege Waivers
Drafting Agreements That Minimize Risks and Maximize Benefits
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to litigators on the use of joint defense agreements in civil litigation. The panel will discuss the tactical benefits of joint defense agreements, as well as their potential pitfalls, and offer best practices for crafting an agreement that protects the interests of both counsel and clients and safeguards confidential information shared among co-defendants.
- Considerations before entering a joint defense agreement
- Advantages and disadvantages
- What information to share
- Settlement issues
- Joint defense agreement
- Key provisions
- Provisions concerning disclosure
- Ethical considerations
- Conflicts of interest and potential disqualification
- Protecting privileged information
- Ethics opinions addressing joint defense
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 key 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?
Ronald J. Levine
Mr. Levine co-chairs the firm’s Litigation Department. He concentrates his practice on complex corporate... | Read More
Mr. Levine co-chairs the firm’s Litigation Department. He concentrates his practice on complex corporate litigation, especially multi-party actions. With more than 30 years of experience, Mr. Levine has focused his practice on class action defense in the consumer products field. He has successfully defended and resolved consumer fraud actions brought against leading products manufacturers in New Jersey and New York.Close
Patrick F. Linehan
Steptoe & Johnson
Mr. Linehan’s diverse practice focuses on representing corporate and individual clients in both civil... | Read More
Mr. Linehan’s diverse practice focuses on representing corporate and individual clients in both civil litigation and criminal investigations and prosecutions. He has litigated civil cases in both federal and state courts and before arbitration panels spanning a broad range of areas, including securities, breaches of fiduciary duty, employment, government contracts, False Claims Act, copyright, and general commercial matters.Close