Sample Joint Defense and Common Interest Agreement

When two or more parties face a common legal threat, they might enter into a joint defense and common interest agreement to share information and collaborate in their defense. This type of agreement can be beneficial in complex litigation cases where parties have overlapping interests but different potential liabilities.

Here`s a sample joint defense and common interest agreement that outlines what parties agree to:

1. Purpose: The parties enter into this agreement to form a joint defense group to protect their common legal interests in connection with the litigation.

2. Definitions: The parties agree to use the following definitions in this agreement:

(a) „Litigation“ means any and all legal proceedings, claims, demands, investigations, or actions pending or threatened against any party related to the matter.

(b) „Confidential Information“ means any information that is subject to protection under applicable law or any information that any party designates as confidential in writing.

(c) „Joint Defense Communications“ means all communications between the parties in connection with the Litigation.

3. Cooperation: The parties agree to cooperate fully with each other to further the joint defense effort, including but not limited to exchanging information, meeting and conferring, and consulting with each other as to strategy and the progress of the Litigation.

4. Confidentiality: The parties agree that all Joint Defense Communications are confidential and shall not be disclosed to any third party without written consent from all parties or a court order. The parties further agree to use Confidential Information solely for the purpose of the joint defense effort and not for any other purpose.

5. Termination: This agreement shall terminate upon the earlier of the following: (a) the final resolution of the Litigation, (b) the agreement of all parties to terminate, or (c) written notice of termination from any party.

6. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the state where the litigation is pending.

7. Counterparts: This agreement may be executed in counterparts, and each counterpart shall have the same force and effect as an original.

In conclusion, a joint defense and common interest agreement can be a useful tool for parties facing a common legal threat. By collaborating and sharing information, parties can strengthen their defense and potentially reduce their liability. As with any legal agreement, it is important to consult with an attorney experienced in this area to ensure that the agreement meets the parties` specific needs and complies with applicable law.