In the course of an investigation or criminal or civil litigation, a company and its legal counsel need to consider how they will engage with co-defendants and their legal counsel. Joint Defense Agreements allow multiple defendants to work together in a common defense while protecting the confidentiality and privilege of shared information, effectively creating a “common interest privilege.” Any company being investigated should become familiar with the protections related to this privilege, important considerations around a JDA’s strength, and other factors that may support, or militate against entering into a JDA.

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