Joint Defense Agreement

A Joint Defense Agreement is a legal contract that allows multiple parties who are facing a common legal challenge, such as a copyright infringement lawsuit, to share confidential information and coordinate their defense strategies without waiving the attorney-client privilege or the work product doctrine. The agreement typically includes provisions for the sharing of documents, the conduct of joint meetings and conferences, the allocation of costs and responsibilities, and the withdrawal or termination of the agreement. The parties to the agreement are usually represented by separate counsel, but they agree to work together to advance their common interests and to protect their privileged communications from disclosure to the opposing party. A Joint Defense Agreement can be a powerful tool for mounting a strong and efficient defense against a copyright infringement claim, by pooling resources, avoiding duplication, and presenting a united front. However, the agreement should be carefully structured and managed to ensure that it does not create conflicts of interest, compromise the parties’ individual rights, or expose them to additional liability.