ABA Summary and Background Materials

• ABA Fact Sheet 2013
• List of Organizations Supporting Attorney-Client Privilege Protection Act
• Summary of State and Local Bar Positions on Attorney-Client Privilege
• ABA August 2006 Resolution and Report 302A Regarding the Preservation of the Attorney-Client Privilege Throughout the Audit Process
• ABA August 2006 Resolution and Report 302B Regarding the Preservation of Employee Legal Rights During Government Investigations
• ABA August 9, 2005 Resolution and Report 111 Regarding Attorney-Client Privilege and Work Product Doctrine
• ABA August 2004 Resolution and Report 303 Regarding Proposed Amendments to Federal Sentencing Guidelines for Organizations

Examination of Privilege Waiver Issue by Federal Agencies

U.S. Justice Department Examination of Privilege Waiver Issue:

• ABA August 28, 2008 Statement regarding DOJ corporate charging guidelines
• Coalition August 28, 2008 Statement regarding DOJ corporate charging guidelines
• Text of DOJ August 28, 2008 corporate charging guidelines
• DOJ August 28, 2008 press release on corporate charging guidelines
• ABA December 12, 2006 Statement regarding DOJ McNulty Memorandum
• Text of DOJ December 12, 2006 McNulty Memorandum
• Former Justice Department officials' September 5, 2006 Letter to Attorney General Alberto Gonzales
• Executive Summary of DOJ McNulty Memorandum
• DOJ July 18, 2006 Letter to ABA
• ABA May 2, 2006 Letter to Attorney General Alberto Gonzales
• Text of DOJ October 21, 2005 McCallum Memorandum
• Text of DOJ January 20, 2003 Thompson Memorandum
• Text of DOJ June 16, 1999 Holder Memorandum

Consumer Financial Protection Bureau Examination of Privilege Waiver Issue:

• ABA September 20, 2012 letter to Senate leaders supporting S. 3394
• ABA April 12, 2012 comment letter to CFPB regarding Proposed Rule on Confidential Treatment of Privileged Information
• ABA February 21, 2012 letter to House leaders supporting H.R. 4014
• ABA February 21, 2012 letter to Senate leaders supporting S. 2099
• Text of CFPB January 4, 2012 Bulletin 12-01
• Text of CFPB July 5, 2012 Final Rule on Confidential Treatment of Privileged Information
• Text of CFPB March 15, 2012 Proposed Rule on Confidential Treatment of Privileged Information
• Text of H.R. 4014
• Text of S. 2099

Securities and Exchange Commission Examination of Privilege Waiver Issue:

• Text of SEC January 13, 2010 Enforcement Manual
• ABA February 5, 2007 Letter to SEC Chairman Christopher Cox
• ABA February 16, 2007 Press Release on Letter to SEC
• Text of SEC October 23, 2001 Seaboard Report

Federal Reserve Board Examination of Privilege Waiver Issues:

• ABA July 31, 2012 Letter to Federal Reserve Board regarding reporting of legal reserves for litigation claims
• Text of Federal Reserve Board February/June 2012 Proposal

Financial Accounting Standards Board Examination of Privilege Waiver Issue:

• ABA September 20, 2010 Letter to FASB regarding disclosure of certain loss contingencies
• ABA September 18, 2008 Letter to FASB regarding FAS 141(R) and FAS 5 Amendments
• ABA August 5, 2008 Letter and Comments to FASB regarding FAS 5 Amendments
• Text of FASB June 5, 2008 Proposed FAS 5 Amendments

Internal Revenue Service Examination of Privilege Waiver Issue:

• ABA May 28,2010 Letter to IRS regarding disclosure of unxcertain Tax Positions

Environmental Protection Agency Examination of Privilege Waiver Issue:

• Text of EPA Cooperation Standards, "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," Effective May 11, 2000

Commodity Futures Trading Commission Examination of Privilege Waiver Issue:

• CFTC March 1, 2007 Enforcement Advisory
• ABA July 7, 2006 Letter to CFTC
• CFTC August 11, 2004 Enforcement Advisory

Department of Housing and Urban Development Examination of Privilege Waiver Issue:

• HUD General Counsel March 16 Letter to ABA
• HUD OIG February 25, 2011 Letter to ABA
• ABA February 8, 2011 Letter to HUD Secretary and HUD OIG
• ABA December 8, 2006 Letter to HUD regarding legal assistance provided to employees
• HUD February 3, 2006 Notice to Public Housing Authorities

Department of the Treasury, Office of Foreign Assets Control Examination of Privilege Waiver Issue:

• ABA November 7, 2008 Letter to OFAC on "Economic Sanctions Enforcement Guidelines" interim final rule
• Text of OFAC interim final rule on "Economic Sanctions Enforcement Guidelines"

General Services Administration Examination of Privilege Waiver Issue:

• Text of GSA November 12, 2008 Final FAR Rule
• ABA June 20, 2008 Letter to GSA regarding proposed FAR rule on “Contractor Compliance Program and Integrity Reporting”
• Text of GSA May 16, 2008 second proposed FAR rule on "Contractor Compliance Program and Integrity Reporting"
• Text of GSA November 14, 2007 proposed FAR rule on "Contractor Compliance Program and Integrity Reporting"

U.S. Sentencing Commission Examination of Privilege Waiver Issue:

• ABA March 28, 2006 Comment Letter to U.S. Sentencing Commission
• Coalition March 28, 2006 Comment Letter to U.S. Sentencing Commission
• January 27, 2006 Proposed Amendments to Federal Sentencing Guidelines ( see: pages 123-124 for privilege waiver discussion)
• ABA December 2, 2005 Letter to U.S. Sentencing Commission
• Coalition December 2, 2005 Letter to U.S. Sentencing Commission  
• November 15, 2005 Public Meeting on Privilege Waiver Amendment (written statements of ABA, US Chamber, ACLU, NACDL, ACC/NAM/ACC, and former Attorney General Dick Thornburgh)
• ABA August 15, 2005 Comment Letter to U.S. Sentencing Commission
• Coalition August 15, 2005 Comment Letter to U.S. Sentencing Commission
• Former Justice Department Officials' August 15, 2005 Comment Letter to U.S. Sentencing Commission
• ABA May 17, 2005 Letter to U.S. Sentencing Commission
• Coalition March 3, 2005 Letter to U.S. Sentencing Commission