About the Course
Introduction
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.
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.
Presented By
Mr. Durnovich serves as Co-Chair of the firm's Litigation group and concentrates his practice on complex business disputes and high-stakes government conflicts. He represents professionals, businesses, and government bodies facing a wide range of challenges. Mr. Durnovich has successfully prosecuted and defended cases in state and federal trial courts across the Carolinas, with a concentration in complex business disputes and high-stakes government conflicts. In addition to his trial experience, he also maintains a robust appellate practice and crafts compelling arguments at all levels, including at the U.S. Supreme Court.
A partner with over a decade of experience, Mr. Duvall’s practice spans a variety of areas. He has handled commercial and financial litigation including mortgage-backed securities cases, high-stakes insurance disputes such as director-and-officer claims, a wide range of real estate and land use matters, and product liability controversies including wrongful death actions. Comfortable in both federal and state courts, Mr. Duvall has appeared before trial court judges across the country, from California to New York and Minnesota to Texas. He has authored a number of scholarly articles and works, including co-authoring three legal reference guides: Wolters Kluwer's Product Liability Desk Reference: A Fifty State Compendium; Wolters Kluwer's Business Torts: A Fifty State Guide; and Criminal Law Handbook (for Kansas).
Mr. Schwartz concentrates his practice on white collar criminal defense, False Claims Act (qui tam/whistleblower) defense, health care fraud and abuse matters, and OFAC sanctions compliance and licensing. He represents individuals and corporations in internal investigations, securities and accounting fraud, asset forfeiture, defense contractor fraud, money laundering, corporate compliance, grand jury practice and procedure, and complex civil fraud defense. Mr. Schwartz advises clients on BSA/AML and Patriot Act compliance and defends bank officers and directors in FDIC litigation. Prior to joining the firm, he prosecuted money laundering and asset forfeiture matters as an assistant U.S. attorney with the Eastern District of New York.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, May 19, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Considerations before entering a joint defense agreement
A. Advantages and disadvantages
B. Cost
C. Participants
D. What information to share
E. Settlement issues
II. Joint defense agreement
A. Key provisions
B. Provisions concerning disclosure
III. Ethical considerations
A. Conflicts of interest and potential disqualification
B. Protecting privileged information
C. Ethics opinions addressing joint defense
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?
