ABA Journal - Law News Now

Corporate Compliance

McNulty Memo Changes Not Enough to Protect Privilege, ABA Task Force Chair Says

Posted Jul 16, 2008, 09:36 am CDT
By Debra Cassens Weiss

The chairman of an ABA task force says legislation is still needed to protect the attorney-client privilege, despite a pledge by the Justice Department that it will change its policy to bar privilege waiver requests in corporate investigations.

R. William Ide III, chair of the ABA Task Force on Attorney-Client Privilege, supports legislation that would bar all federal agencies from pressuring companies to waive the attorney-client privilege and work-product protections. The revised bill, the Attorney-Client Privilege Protection Act, was introduced by Sen. Arlen Specter, R-Pa., on June 27.

Among the entities that allow privilege-waiver requests are the Securities and Exchange Commission and the Environmental Protection Agency. The bill would affect them as well as… Continue reading...

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