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In The Courts
Joint Defense Agreement Includes Right to Withdraw Unilaterally
In United States v. LeCroy, 2004 WL 2914210 (E.D. Pa. Dec. 17, 2004), the court addressed whether notes and memoranda taken by J.P. Morgan Chase (JPMC) counsel during interviews held with two JPMC employees, Charles LeCroy and Anthony Snell, were subject to an oral joint defense agreement (JDA) between the parties. JPMC, LeCroy, and Snell received grand jury subpoenas during an investigation that preceded return of an indictment against LeCroy and Snell. JPMC's internal counsel questioned LeCroy and Snell about the facts underlying the grand jury subpoena. Recognizing their need for individual counsel, however, JPMC retained outside counsel and LeCroy and Snell retained their own individual counsel.
During the discussions among counsel, JPMC's counsel indicated a desire to interview LeCroy and Snell again. However, JPMC's counsel informed LeCroy's and. Snell's counsel that JPMC would turn the notes of the interviews over to the government. Nevertheless, LeCroy and Snell allowed JPMC's counsel to interview them. Subsequently, JPMC decided to produce, pursuant to its grand jury subpoena, the notes and memoranda of the interviews.
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