This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Joint Defense Agreement Template For Manufacturing
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
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How to fill out Joint Defense Agreement?
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FAQ
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.
Under joint defense privilege, communications between client and his own lawyer remain protected by attorneyclient privilege when disclosed to co-defendants or their counsel for purposes of common defense..
Unlike the Ninth Circuit, California does not recognize a joint-defense privilege per se; however, California does recognize a common interest doctrine which can allow privileged information to be disclosed without waiver of the privilege. See Meza v. H. Muehlstein & Co., Inc.
A joint defense agreement is a contract between the defendants to extend the attorney-client privilege and the work-product doctrine to confidential communica- tions between outside counsel (and the parties) to facil- itate the exchange of information for the mutual bene- fit of the participants.
An agreement between separately represented parties with common legal interests (generally relating to pending or anticipated litigation) that allows the parties to share confidential information with each other without waiving the attorney-client privilege, work product protection, or other applicable privilege or