Complex litigation and multi-party negotiations may result in unique dynamics, with groups of parties aligned. Counsel in such cases should recognize the potential benefits of joint defense and common interest agreements. While these types of agreements have some differences, they are similar in that they provide privileges and immunities for communications between aligned parties and their counsel. In order to reap these benefits, however, it’s important to understand the basis of how such agreements must be formed and how courts view them.
Notably, the prerequisites, scope and boundaries of the joint defense or common interest privilege can differ significantly depending on the jurisdiction. State and federal jurisdictions vary on whether they even recognize a joint defense or common interest privilege, as well as to what extent such a privilege applies.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
