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Affirming The Joint Defense Privilege In Illinois

Law360 (February 13, 2018, 10:14 AM EST) -- An Illinois appellate court has formally recognized what both state and federal courts have already considered to be the law — that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either the attorney-client or work-product privilege when they do so.[1]

Parties may object to disclosing these communications when sought by the opposing side in discovery.[2] The necessity of this holding as a matter of first impression may come as a surprise to many practitioners who already regularly assert the joint defense privilege in Illinois state courts. The Selby...

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