This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Joint Defense Agreement Template For Bidding
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
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FAQ
California lawyers, particularly defense litigators, rely on the joint defense privilege or common interest doctrine to share privileged documents and communications with third parties without risking waiver.
As a starting point, many courts distinguish between the joint defense and common interest privilege, determining that the former is narrow and arises from actual litigation, while the common interest privilege is broader and does not require litigation to be pending.
Joint Defense Agreement ("JDA") is an oral or written agreement between the parties which includes the parties' commitments to one another to assure confidentiality pursuant to the Common Interest Doctrine.
The joint defense privilege allows one group of clients and their counsel to communicate with another group of clients and their separate counselall without allowing their common adversary (the plaintiff) to discover those communications.
Joint defense agreements No written agreement is generally required to invoke joint defense privilege. And, although privileges should be narrowly construed and expansions cautiously extended, courts have found that an oral joint defense agreement may be valid.