Gain a better understanding of the effective use of JDAs in investigations and litigation.
Communications on legal issues between clients and their attorneys are privileged. But many other kinds of communications common in litigation with multiple defendants or subjects of investigations are not necessarily privileged. For instance, the attorney-client privilege may not cover communications between two subjects/defendants, between the lawyers for co-defendants, and even between a defendant and her co-defendant’s lawyer. Such communications are not between a client and her lawyer, and therefore do not meet the fundamental elements of the attorney-client privilege. This presentation will help you understand whether and how a Joint Defense/Common Interest (JDA) agreement can help address this problem. This program will provide attendees with a better understanding of the effective use of JDAs in investigations and litigation.
Agenda
Differing Paradigms
- Paradigm #1: Separate Privilege From Attorney-Client Privilege
- Paradigm #2: Non-Waiver (Sub Set) of Attorney-Client Privilege
- Know Your Jurisdiction
Substantive and Temporal Scope of the JDA
- Scope of Agreement and Parties
- Statement of Common Interest
- Past Sharing of Privileged Information
Typical Provisions of Written JDAs
- Description of Scope of Privilege for Documents and Communications
- Effects of Potential Conflicts of Interest
- Notice of Withdrawal
- No Interference With a Proceeding, Investigation or Litigation
Other Issues to Consider in Drafting JDAs
- Derivative Use of Common Interest Material
- Requests by Third Parties for Common Interest Material
- Conduct Inconsistent With Agreement
- Successor Counsel
Practical Considerations
- Advantages and Disadvantages of Operating Under Common Interest
- Whether JDA Should Be Written
- Discovery and Litigation of JDAs
Speakers
Vince Farhat,
Jeffer Mangels Butler & Mitchell LLP- Partner and chair of Jeffer Mangels Butler & Mitchell LLP’s White-Collar Defense and Investigations practice
- Previously served as an Assistant United States Attorney (AUSA) in the Major Frauds Section of the U.S. Attorney’s Office for the Central District of California
- Focuses practice on representing companies and individuals in criminal and civil investigations and prosecutions by government enforcement agencies, as well as complex federal litigation and parallel fraud investigations
- Advises companies in connection with complex and sensitive internal
- Frequent keynote speaker and author on topics pertaining to white collar defense and investigations
- Teaches an upper-division course at LMU Loyola Law School titled White-Collar Defense & Investigations Practice
Who Should Attend
This live webinar is designed for attorneys. Other legal professionals may also benefit from attending.
