Herding Cats: Making The Most Out Of A Joint Defense Group

By Audra Dial, Kilpatrick Townsend LLP (May 1, 2017, 6:41 PM EDT) -- Litigation today often involves multiple defendants facing a common adversary — whether it is patent litigation against the same patent holder or tort litigation against the same plaintiff. Multidefendant litigation can afford the defendants with efficiencies that result from common effort, but having too many varied interests and perspectives can also cause a multidefendant case to become less efficient and more complicated. After having represented many clients in multidefendant litigation, I have discovered four strategies that enable multidefendant litigation to become more efficient and streamlined. These strategies include thoughtful consideration of the formation of a common interest group at the beginning of litigation; careful planning and collaboration among the defendants during litigation; and effective communication with your client about their desires for the cost and management of the group. Employing these strategies will help ensure that a multidefendant matter gains the benefit of group efficiency and avoids the potential problems associated with fighting and power struggles that can lead to inefficiency in the group....

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