Examination of Attorney-Client Privilege Issues by Federal Agencies
Department of Homeland Security Examination of Privilege Issue:
- "ABA Advocacy Prompts New Protections for Lawyers' Electronic Devices at US Border," (ABA Journal, May 2018)
- "CBP Addresses ABA Concerns in Revised Standards for Border Searches of Lawyers' Electronic Devices," (ABA Washington Letter, February 2018)
- Text of CBP January 4, 2018 Directive on Border Search of Electronic Devices
- "ABA Urges Homeland Security Department to Modify Procedures for Searching Lawyers' Electronic Devices at U.S. Border Crossings." (ABA Washington Letter, May 2017)
- ABA May 5, 2017 News Release on DHS Border Searches of Lawyer Electronic Devices
- ABA May 5, 2017 Letter to DHS Secretary Kelly
- Text of CBP August 20, 2009 Directive on Border Searches of Electronic Devices
- Text of ICE August 18, 2009 Directive on Border Searches of Electronic Devices
National Security Agency Examination of Privilege Issues
Legal Services Corporation Examination of Privilege Issues
U.S. Justice Department Examination of Privilege Waiver Issue:
- Text of DOJ September 9, 2015 Yates Memorandum
- Text of DOJ Corporate Charging Guidelines
(updated November 2015 and November 2017)
- 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 Filip Memorandum
- 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
U.S. Sentencing Commission Examination of Privilege Waiver Issue:
- ABA April 6, 2006 Statement on U.S. Sentencing Commission Vote Rescinding 2004 Privilege Waiver Amendment
- 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
- Minutes of November 15, 2005 Public Meeting on Privilege Waiver Amendment (and full written statements of ABA, US Chamber, NACDL, ACC/NAM/ACC, and former AG 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
Commodity Futures Trading Commission Examination of Privilege Waiver Issue:
Consumer Financial Protection Bureau Examination of Privilege Waiver Issue:
- "ABA Urges CFPB to Modify Proposed Rule on Confidential Information Disclosure to Protect Attorney-Client Privilege," (ABA Washington Letter, November 2016)
- ABA October 24, 2016 Comment Letter to CFPB Regarding Proposed Rule on Disclosure of Records and Information
- Text of CFPB August 24, 2016 Proposed Rule on Disclosure of Records and Information
- Professor Bruce Green June 2013 Paper on the Attorney-Client Privilege and Bank Regulation
- Text of P.L. 112-215, Signed on December 20, 2012
- "Congress Clears Legislation to Protect Privileged Iniformation; ABA Strongly Supported CFPB Inclusion," (ABA Washington Letter, December 2012)
- ABA December 13, 2012 News Release Regarding Congressional Passage of H.R. 4014
- 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 (112th Congress)
- Text of S. 2099 (112th Congress)
Environmental Protection Agency Examination of Privilege Waiver Issue:
Federal Reserve Board Examination of Privilege Waiver Issues:
Financial Accounting Standards Board Examination of Privilege Waiver Issue:
General Services Administration Examination of Privilege Waiver Issue:
Department of Housing and Urban Development Examination of Privilege Waiver Issue:
Internal Revenue Service Examination of Privilege Waiver Issue:
Securities and Exchange Commission Examination of Privilege Waiver Issue:
Department of the Treasury, Office of Foreign Assets Control Examination of Privilege Waiver Issue: