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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Monday, February 20, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide litigators on the use of joint defense agreements in civil litigation. The panel will discuss the tactical benefits of joint defense agreements and their potential pitfalls and offer best practices for crafting an agreement that protects the interests of both counsel and clients and safeguards confidential information shared among co-defendants.

Faculty

Caroline A. Covington
Attorney
Steptoe & Johnson PLLC

Ms. Covington advises clients on government investigations and white-collar criminal defense matters, as well as complex commercial litigation. Her experience includes planning and executing investigations into factual claims, including serving discovery requests and related motions to compel, deposition preparation, and coordinating with forensic experts. She has also worked on consumer protection class actions and multidistrict litigation. Ms. Covington is also active in pro bono efforts.

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James M. Purce
Attorney
Steptoe & Johnson PLLC

Mr. Purce represents individuals and companies in criminal investigations and prosecutions, and internal investigations and compliance. He has experience defending clients against investigation and enforcement actions by the Department of Justice and other agencies, including matters related to fraud, money laundering, and obstruction. Mr. Purce also has experience in fact development, witness preparation, and trial preparation.

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George Andrew Rowlett
Member
Howell & Fisher, PLLC

Mr. Rowlett litigates primarily personal injury claims, property losses (subrogation and recovery), insurance coverage matters, and commercial disputes. He is a skilled trial lawyer and mediator known for his responsiveness and persistence. He is a Tennessee Supreme Court Rule 31 Listed General Civil Mediator. Mr. Rowlett mediates and arbitrates matters through Miles Mediation & Arbitration (https://milesmediation.com/neutrals/g-andrew-rowlett/), one of the nation’s premier alternative dispute resolution providers.

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Description

Joint defense agreements can be a valuable tool for counsel representing co-defendants facing a variety of types of litigation, including intellectual property, securities, energy/environment, commercial litigation, antitrust, product liability, and mass torts. Joint defense agreements allow defendants to reduce costs and coordinate strategies, discovery, and filings.

Joint defense agreements are not without risks, however. Sharing work product and confidential information among defendants--who are frequently also competitors--may expose and lead to future litigation among the co-defendants. Counsel considering entering into joint defense agreements must carefully scrutinize the pros and cons and establish preemptive safeguards to protect their client's interests and confidential information.

Listen as our authoritative panel of experienced litigators examines the critical factors that parties contemplating a joint defense agreement must evaluate, the essential provisions of the deal itself, and strategies for meeting the legal ethics requirements related to joint defense agreements.

Outline

  1. Considerations before entering a joint defense agreement
    • Advantages and disadvantages
    • Cost
    • Participants
    • What information to share
    • Settlement issues
  2. Joint defense agreement
    • Key provisions
    • Provisions concerning disclosure
  3. Ethical considerations
    • Conflicts of interest and potential disqualification
    • Protecting privileged information
    • Ethics opinions addressing joint defense

Benefits

The panel will review these and other key issues:

  • What critical safeguards must defendants put in place to protect the joint defense privilege?
  • What are the main steps that defendants working jointly can take to avoid or cope with potential conflicts?
  • What preventative clauses should be incorporated into the joint defense agreement to minimize potential risks?