Structuring Joint Defense Agreements in Environmental Litigation
Weighing Key Considerations, Navigating Privilege, and Ensuring Ethical Compliance
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to environmental litigators on the use of joint defense agreements. The panel will discuss the benefits and potential pitfalls of joint defense agreements 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.
Outline
- Considerations before entering a joint defense agreement
- Advantages and disadvantages
- Scope of information
- Settlement issues
- Joint defense agreement
- Key provisions
- Provisions concerning disclosure
- Ethical considerations
- Conflicts of interest and potential disqualification
- Privilege
- Waiver
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 key steps that defendants working jointly can take to avoid or cope with potential conflicts?
- What preventative clauses should be incorporated in the joint defense agreement to minimize potential risks?
Faculty
Jeffery J. Carlson
Partner, Moderator
Carlson & Messer
Mr. Carlson specializes in tort defense with emphasis on commercial tort and toxic tort litigation, governmental... | Read More
Mr. Carlson specializes in tort defense with emphasis on commercial tort and toxic tort litigation, governmental liability and public entity defense, torts and personal injury, product and professional liability, property loss, insurance matters, and business litigation. Mr. Carlson is a frequent author and lecturer on environmental law and litigation, among other topics.
ClosePamela Hanebutt
Partner
Eimer Stahl
Ms. Hanebutt is Co-Chair of the firm’s Environmental, Products Liability and Toxic Torts Practice... | Read More
Ms. Hanebutt is Co-Chair of the firm’s Environmental, Products Liability and Toxic Torts Practice Group. She represents corporate clients in complex litigation across the country, including products liability, toxic tort, consumer class actions, and environmental litigation. Among other clients she currently represents an oil refiner in MDL concerning alleged contamination of groundwater by MTBE.
CloseRobert C. Mitchell
Partner
Vorys Sater Seymour and Pease
Mr. Mitchell’s practice focuses on product liability defense and the management of toxic tort litigation on a... | Read More
Mr. Mitchell’s practice focuses on product liability defense and the management of toxic tort litigation on a national basis. Mr. Mitchell also handles insurance coverage litigation on behalf of policyholders and has recovered over $2 billion in policy proceeds. He is a frequent lecturer on joint defense agreements in toxic tort and environmental litigation as well as professional ethics in the representation of multiple parties in mass and serial litigation.
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