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ABA Resources: Attorney-Client Privilege

The ABA strongly supports S. 186 and H.R. 3013, comprehensive reform legislation designed to roll back a number of harmful federal agency policies that are seriously eroding the attorney-client privilege, the work product doctrine and the constitutional rights of employees. These federal agency policies—adopted by the Justice Department, the Securities and Exchange Commission, and many other agencies—pressure companies and other organizations to waive their privileges and to take unfair punitive actions against their employees as a condition for receiving cooperation credit and fair treatment during investigations. Although the House passed H.R. 3013 overwhelmingly last November, S. 186 is still pending in the Senate Judiciary Committee.

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