http://www.washingtonwatch.com/bills info@washingtonwatch.com http://www.pjdoland.com/chai/?v=0.1 http://www.washingtonwatch.com/bills/history/110_SN_186.html?rev=10214 <p>S. 186 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc0"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc1"> Status of the Legislation </h2> <p>Latest Major Action: 1/4/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc2"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc3"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 10214@http://www.washingtonwatch.com Wed, 19 Sep 2007 17:34:52 EDT http://www.washingtonwatch.com/bills/history/110_SN_186.html?rev=10215 <p>S. 186 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc4"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc5"> Status of the Legislation </h2> <p>Latest Major Action: 9/18/2007: Senate committee/subcommittee actions. Status: Committee on the Judiciary. Hearings held.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc6"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc7"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 10215@http://www.washingtonwatch.com Wed, 19 Sep 2007 17:34:52 EDT