Joint Defense Agreement

Summary

This is a sample Joint Defense Agreement between an acquiring company and the company it is acquiring to defend against actual or potential litigation involving the acquisition. It is intended to spell out when and how information can be shared in preparing a common defense to retain legal privileges. You may customize it to restrict the types of information to be shared, who can access the information, and how the information can be used. The template includes practical guidance and drafting notes. For a full listing of related antitrust content, see Antitrust Fundamentals Resource Kit. For information on antitrust issues arising in the due diligence process, please see the Due Diligence: Antitrust Issues practice note.