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The Attorney-Client Privelege Protection Act of 2007
By Stephanie A. Martz
- What the Bill Does
- Why We Still Need It
Few issues have ignited such widespread agreement among the bar and
business community, and Democrats and Republicans alike, as the way
federal prosecutors have come to treat the attorney-client privilege in
the corporate setting. In short, the privilege is a commodity for the
Department of Justice — a corporation can trade it and the information
it protects in exchange for avoiding criminal prosecution.1
This arrangement is, of course, less a free-market transaction and more a
contract of adhesion, since for many companies indictment equals
Groups such as NACDL, the ABA, and the ACLU have joined forces with the
U.S. Chamber of Commerce, the Association of Corporate Counsel, and the
American Chemistry Council to fight this trend. The coalition has not
arisen out of a Machiavellian attempt by business groups to use bar
groups for “cover” in order to “roll back” corporate prosecution
standards. Rather, we ha
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