There is no rule requiring the parties of a JDA to recall their agreement in writing; In fact, many JDAs are spoken. However, participants who insist on oral agreements should have considered the associated risk. That is, there is no risk that the court will decide on a JDA. 1. Common Interest Privilege Exception to Strict Confidentiality The common interest privilege may, in certain circumstances, extend solicitors` privilege to communication between the parties and non-parties. It protects shared communication at the time of communication within a “true community of interest”. In re Teleglobe Commc`ns Corp., 493 F.3d 345, 364 (3d Cir. 2007). To be considered a “true community of interests”, the interests between the parties must be identical (not similar enough) and legal (and not just commercial). Leader Techs., Inc. vs. Facebook, Inc., 719 F. Supp.
2d 373, 376 (D. Del. 2010). In addition, disclosures must have been made for the purpose of “securing, promoting or providing legal representation.” See In re Regents of the Univ. . . .