New York Joint Defense Agreement

State:
Multi-State
Control #:
US-TS13053C
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Word; 
PDF; 
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Description

This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.

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FAQ

Common interest privilege, also known as the joint defense privilege, is an extension of attorney-client privilege that protects the compelled disclosure of communications between two or more parties and/or their respective counsel when the parties are allied in a common legal interest.

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 ...

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 ...

A joint development agreement (JDA) sets the terms for two or more parties working together to develop a particular product or technology. The JDA is typically negotiated before or during the working relationship.

[25] Again, even memorialized joint defense agreements typically cannot function retroactively. In United States v. Shaeffler, for example, the Second Circuit sought to evaluate whether a group's common interest was of a sufficiently legal nature to warrant common interest protection.

Under the common interest doctrine, the attorney-client privilege is not waived when such communications are made between litigants (or parties who reasonably anticipate they will be litigants) sharing a common legal interest.

New York's attorney-client privilege as codified at CPLR §4503(a) protects against disclosure of a ?confidential communication made between the attorney or his or her employee and the client in the course of professional employment.? The New York courts, in construing this statutory language, have identified the ...

Lawyer-client relationship of trust and prevents a lawyer from revealing the client's information even when not subjected to such compulsion. Thus, a lawyer may not reveal such information except with the informed consent* of the client or as authorized or required by the State Bar Act, these rules, or other law.

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New York Joint Defense Agreement