This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
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Joint Defense agreements are used to allow the defense counsel to obtain information relevant to his case that may be potentially incriminating to another person in exchange for agreeing not to disclose it. Joint Defense Agreements | Office of Justice Programs ojp.gov ? ncjrs ? virtual-library ? abstracts ojp.gov ? ncjrs ? virtual-library ? abstracts
There is no rule that requires parties to a JDA to memorialize their agreement in writing; indeed, many JDAs are oral. Participants who insist on oral agreements, however, should appreciate the risk involved. Namely, the risk that the court may decide a JDA does not exist. Joint Defense Agreements: A Primer on the Potential Risks ... Foster Garvey PC ? newsroom-alerts-joint-defens... Foster Garvey PC ? newsroom-alerts-joint-defens...
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. Trial Bar News | Schwartz Semerdjian Attorneys at Law schwartzsemerdjian.com ? trial-bar-news ? a... schwartzsemerdjian.com ? trial-bar-news ? a...