Government Policies, Press Releases & Guidance

The attorney-client privilege is fundamental to fairness and balance in our justice system and essential to corporate compliance regimes. Without reliable privilege protections, executives and other employees will be discouraged from asking difficult questions or seeking guidance regarding the most sensitive situations. Available on this page are policies, press releases and other guidance from various government agencies relating to the Attorney-Client Privilege and Work-Product Doctrine.  

Department of Justice (DOJ)

Letter from Attorney General Eric Holder to Senate Judiciary Chairman Patrick J. Leahy, June 16, 2009

Press Release: Announcing Revisions to Charging Guidelines for Prosecuting Corporate Fraud, August 28, 2008

Filip Memorandum: Principles of Federal Prosecution of Business Organizations, August 28, 2008

McNulty Memorandum, December 12, 2006
      DOJ Press Release: U.S. Deputy Attorney General Paul J. McNulty Revises Charging Guidelines for Prosecuting Corporate Fraud: New Guidance Further Encourages Corporate Compliance, December 12, 2006

Thompson Memorandum, January 20, 2003

Holder Memorandum, June 16, 1999

Securities and Exchange Commission (SEC)

Press Release: SEC Announces Initiative to Encourage Individuals and Companies to Cooperate and Assist in Investigations, January 13, 2010

Press Conference Remarks: Robert S. Khuzami, Announcing New Cooperation Program, January 13, 2010

Continue reading below

Frameworks for Evaluating Cooperation by Individuals and Companies  

Seaboard Report – Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934 and Commission Statement on the Relationship of Cooperation to Agency Enforcement Decisions, SEC Rel. Nos. 34-44969 and AAER-1470 (Oct. 23, 2001)

Enforcement Manual – See Provision 4.3, Waiver of Privilege

Environmental Protection Agency (EPA)

Audit Policy Guidance: Memorandum on Issuance of “Audit Policy: Frequently Asked Questions” (April 30, 2007)

Continue reading below

Featured Products

Audit Policy: Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations, 65 Fed. Reg. 19,618 (April 11, 2000)

Additional Resources: Compliance Incentives & Auditing  

Manhattan District Attorney’s Office

Press Release, District Attorney Vance Announces Policy Regarding the Prosecution of Businesses and Organizations, June 1, 2010

District Attorney of the County of New York Interoffice Memorandum: Considerations in Charging Organizations, May 27, 2010

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free