JDA

joint defense agreement (JDA)

USA

An agreement between parties with common legal interests (generally relating to pending or anticipated litigation) that allows the parties to share confidential information with each other without waiving the attorney-client privilege, work product protection or other applicable privilege or protection. Among other things, a JDA may also:

• Restrict the parties' use of information shared under the JDA.

• Set out conditions and procedures under which information shared under the JDA is to be returned to the originating party.

• Require the parties to disclaim any attorney-client relationship with counsel for another party to the JDA, which arises as a result of the sharing of privileged information.

For more information, see Standard Document, Joint Defense and Confidentiality Agreement (www.practicallaw.com/2-501-9461).