Bill Would Protect Attorney-Client Privilege

The Association of Corporate Counsel (ACC) strongly supported the reintroduction of critical legislation to protect the attorney-client privilege and employee rights when the government is investigating or considering charges in response to an allegation of wrongdoing or corporate failure, according to the ACC press release.

The Attorney-Client Privilege Act of 2008 was reintroduced June 26. The proposed legislation is a response to crticism that the Department of Justice has overstepped its bounds in the prosecution of white collar crime. The bill was first introduced by Republican Pennsylvanian Senator Arlen Specter in 2007. Spencer noted in his floor statement that the ACPPA of 2008 is steadfast in the principals and original intentions of the 2007 bill. The bill passed in 2007 under Judiciary Chairman Conyers (D-MI), Ranking Member Smith (R-TX), Crimes Subcommittee Chairman Scott (D-VA) and Crimes Subcommittee Ranking Member Gohmert (R-TX).

The Congressional bill seeks to toughen the so-called McNulty Memorandum and strengthen the attorney-client privilege of confidentiality, according to a Directorship report.

“While it was almost impossible to argue with the logic of the first bill, the language in the re-introduced bill is clearer and tighter,” said Laura Stein, Chair of the ACC Board of Directors, and Senior Vice President & General Counsel of The Clorox Company, in the press release.

“ACC is pleased to support the re-introduction of the improved bill, and is anxious for its swift passage,” noted ACC President Frederick J. Krebs in the press release.