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There is strength in numbers. And this aphorism is especially true in antitrust matters. Joint defense is a common scenario in antitrust cases. Whether in massive cartel investigations, litigation, or merger reviews, antitrust lawyers often find themselves working hand-in-hand with lawyers representing different clients. Cumbersome? Annoying? Advantageous? Yes—to all three. Working effectively in joint defense is an important skill for the effective antitrust litigator.
As antitrust litigation counsel, update yourself on best practices in setting up a joint defense agreement and dealing with your joint defense co-counsel by reviewing the “Joint Defense Agreements in Antitrust Litigation” practice note as well as other materials on antitrust litigation in Practical Guidance - Antitrust: Civil Antitrust Litigation.
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