In the mass tort litigation context, where one plaintiff
typically brings similar claims against numerous defendants within
a particular industry, the coordination of defense efforts among
codefendants can be a very prudent course of action. By banding
together to develop a litigation strategy and common defense,
competitor companies can pool their knowledge, expertise, and
resources to achieve the most beneficial outcome for their
respective clients. This practice, however, is fraught with
landmines that can have a devastating effect on clients and
practitioners alike.
In complex mass tort cases, different lawyers necessarily
represent different clients with respect to issues of common
concern. While formulating a joint defense is a collaborative
effort, the attorneys involved in multi-defendant mass tort
litigations must not lose sight of the fact that they may be
sharing work product and confidential information with their
competitors, which has the potential to
