ABA Privilege Waiver Materials

There has been a general trend of certain federal government agencies—including the Justice Department and numerous other Federal agencies —adopting policies encouraging federal officials to require companies and other entities to waive their attorney-client privilege and work product protections as a condition for receiving cooperation credit during investigations. The ABA, in conjunction with state and local bar associations, is working to reverse these policies.

ABA Summary and Background Materials

Examination of Privilege Waiver Issue by Federal Agencies

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

Securities and Exchange Commission Examination of Privilege Waiver Issue:

Financial Accounting Standards Board Examination of Privilege Waiver Issue:

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:

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

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

General Services Administration Examination of Privilege Waiver Issue:

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

Congressional Oversight of Privilege Waiver Issue