ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL COMMON INTEREST COMMUNICATION & WORK PRODUCT
person who is not a Member of this Common Interest Group), orally or in writing, without the express consent of the Common Interest Group Member who disclosed or supplied the Confidential Information in the first instance. 7) No Member shall have any authority by virtue of this Agreement to waive any applicable privilege or doctrine on behalf of another Member. A Member may waive any applicable privilege only as to its own documents, information, or other materials shared or exchanged under this Agreement. No Member may waive any applicable privilege for material that is created, prepared by, or generated jointly and under this Agreement without the consent of another Member. 8) To help to guard against inadvertent waiver, the Members agree to make best efforts to mark emails, documents, and any other written Confidential Information exchanged pursuant to this Agreement with stamps that indicate the relevant underlying privilege or confidentiality claim(s) (e.g., “Confidential/Attorney Work Product”), as well as with a “Common Interest” stamp. However, the Members agree that the absence of a “Common Interest” stamp or label will not constitute proof, or establish a presumption, that the material in question is not provided pursuant to, and governed by, this Agreement. 9) If any other person or entity requests or demands, by subpoena or otherwise, common interest materials subject to this Agreement, the Member receiving such a request or demand will immediately notify the other Members, providing them a copy of such request or demand. The person or entity seeking the common interest materials will be informed that these materials are privileged and will not voluntarily be disclosed. The Member receiving the request or demand will take all steps necessary to prevent the disclosure of such common interest materials by asserting all applicable rights and privileges with respect to the requested common interest materials and shall cooperate fully in any judicial proceeding related to their disclosure. 10) If a Member inadvertently produces another Member’s common interest material to a non-party to this Agreement, the production of that material shall not be deemed to destroy any common interest or be deemed a waiver of the attorney-client privilege, work product doctrine, or any other applicable privilege, protection or immunity available to the other Member. In such circumstances, the producing Member must immediately upon discovery of such production notify the other Member and must further notify all recipients of the production and request the return or confirmed destruction of the material. 11) The Members understand that this Agreement does not create any attorney-client relationship between the Members or with any third party. It is also understood and agreed by the Members that this Agreement provides no basis for any of the Members to move to disqualify another Member’s attorney, and that no Member shall have the right to move to disqualify another Member’s attorney because the Member or attorney withdraws from the Agreement. 12) The confidentiality described herein will not become retrospectively inoperative if adversity should subsequently arise between clients of any Member.
Page 3 of 5
Made with FlippingBook - Online catalogs