Joint Defense Agreement for Merger Investigations | Practical Law

Joint Defense Agreement for Merger Investigations | Practical Law

A Standard Document allowing counsel to merging parties in a transaction with antitrust risk to share confidential information under the joint defense privilege without waiving the attorney-client privilege, the work product privilege, or other applicable privileges or protections. This Joint Defense Agreement (JDA) can be used in a merger, acquisition, or other transaction that may lead to an investigation, litigation, or other antitrust enforcement action by the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), or the state attorneys general (AGs). This Standard Document has integrated notes with important explanations and drafting tips.

Joint Defense Agreement for Merger Investigations

Practical Law Standard Document w-004-5319 (Approx. 13 pages)

Joint Defense Agreement for Merger Investigations

by Practical Law Antitrust
MaintainedUSA (National/Federal)
A Standard Document allowing counsel to merging parties in a transaction with antitrust risk to share confidential information under the joint defense privilege without waiving the attorney-client privilege, the work product privilege, or other applicable privileges or protections. This Joint Defense Agreement (JDA) can be used in a merger, acquisition, or other transaction that may lead to an investigation, litigation, or other antitrust enforcement action by the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), or the state attorneys general (AGs). This Standard Document has integrated notes with important explanations and drafting tips.