Live Webinar

65-minute live streaming program
  • June 6
  • 1:00 - 2:05 pm EST

Drafting Joint Defense Agreements

June 6

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.

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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

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  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • FL CLE 1.5
     
  • This course has been approved by The Florida Bar for 1.5 hours of CLE credit. Course classification: Intermediate level.
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IA CLE 1.0
     
  • Drafting Joint Defense Agreements is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.0 hours of credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
     
  • ME CLE 1.0 (Pending)
     
  • MN CLE 1.0 (Pending)
     
  • This program has been submitted to the Minnesota Board of Continuing Legal Education. Approval pending.
     
  • MO CLE 1.3
     
  • This program has been approved by the Missouri Bar for 1.3 hours of CLE.
     
  • MS CLE 1.1 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • ND CLE 1.0 (Pending)
     
  • This program has been submitted to the North Dakota Commission for Continuing Legal Education. Application pending.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit, including hours of ethics/professionalism credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.25 (Pending)
     
  • This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.25 CLE hours. Approval pending.
     
  • OR CLE 1.0 (Pending)
     
  • MCLE Credit in Oregon is pending.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.08
     
  • This program has been approved by theTennessee Commission on Continuing Legal Education for a maximum of 1.08 hours of credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for attorneys. Other legal professionals may also benefit from attending.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Vince Farhat

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
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 410225
Published 2024
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