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Joint Defense Agreements And The Common Interest Privilege

Imagine if you represent someone who has been summoned by the government as part of their employer`s investigation. Your client has made the decision to speak with the government under the terms of a complacent agreement. Instead of going into this interview, you and your client would like to have the benefit of knowing some information from the employer and other witnesses, including the government`s current theories of liability, the most important documents that the government has focused on so far, the defences on which it might exist and what the employer and other workers consider to be the main commitments. They must conclude a common defence agreement, based on the privilege of the common interest, so that this exchange of information is privileged. While most jurisdictions do not require formal written agreement to recognize a common defence privilege, the best method is to document the extent, duration, limits and parties to the common privilege of the defence. At Mondis Tech., Ltd. V. LG Elecs., Inc., the Eastern District of Texas achieved a similar result. 2:07-CV-565-TJW-CE, 2011 U.S. Dist.

LEXIS 47807 (E.D. Tex. May 4, 2011). Mondis was a limited liability company with the principal shareholder Inpro, an IP holding company. Id. at 13. Inpro has recruited process proponents to track licenses and disputes over its holdings. Id.

Inpro has passed on confidential and privileged information to potential investors with confidentiality agreements. Id. Termination is important for the parties to fully understand when the common interest privilege ends and what happens when it occurs. Provisions confirming lawyers` obligations or absence are again necessary to avoid unnecessary litigation, including costly disqualification claims. Commercial transactions, disputes and disputes often involve several clients with concerted interests, but with different lawyers. Clients and their advisors often want to communicate with other clients and consultants without risking renouncing existing privileges or immunities. Clients and legal advisers can benefit from the options developed by the courts, including through the common defence or the common interest. The court found that there was no JDA or privilege of common interest for the protection of information. The apparent conflict of interest between Napout and CONMEBOL was significant to the Tribunal`s decision. As the court explained, “to reconcile Napout`s interest as the objective of the government investigation with CONMEBOL`s opposing interest as the alleged victim of the crimes alleged in the indictment.” [13] Without this, the government was free to use the information against Napout.

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