December 08, 2016 Articles

Practice Tips for Navigating Joint Defense Agreements in a Post–Yates Memo World

A summary of considerations counsel must make when entering into joint defense agreements following the DOJ's issuance of the Yates Memo.

By William Drake – December 8, 2016

New policies announced by the Department of Justice (DOJ) may undermine a key tool that corporate counsel have used for years when confronted with allegations of wrongdoing: joint defense agreements. Joint defense agreements have been and can still be an effective means for employers and employees to work together when their interests align; but, in light of the new policies, all counsel should proceed with caution and follow a few simple tips to ensure that privileged communications stay privileged.

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