3.0.0 445 2019-11-15T21:57:14Z 2022-05-20T16:27:20Z Senate S S 2009-02-13 111 ssju00 Judiciary Committee Senate Standing Referred to 2009-02-13T23:44:09Z Attorney-Client Privilege Protection Act of 2009 111 4326 HR 2010-04-26 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. Related bill CRS 2009-02-13 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2009-02-13 Sponsor introductory remarks on measure. (CR S2331-2332) IntroReferral B00100 9 Library of Congress 2009-02-13 Introduced in Senate IntroReferral 10000 9 Library of Congress S000709 Sen. Specter, Arlen [R-PA] ARLEN SPECTER R PA N L000550 Sen. Landrieu, Mary L. [D-LA] MARY LANDRIEU D LA 2009-02-13 True C000174 Sen. Carper, Thomas R. [D-DE] Thomas Carper D DE R. 2009-02-13 True K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2009-02-13 True M001170 Sen. McCaskill, Claire [D-MO] Claire McCaskill D MO 2009-02-13 True C000567 Sen. Cochran, Thad [R-MS] Thad Cochran R MS 2009-02-13 True Crime and Law Enforcement Civil actions and liability Criminal investigation, prosecution, interrogation Employee benefits and pensions Evidence and witnesses Government employee pay, benefits, personnel management Government studies and investigations Lawyers and legal services Legal fees and court costs Crime and Law Enforcement 00 2009-02-13 Introduced in Senate 2010-04-01T16:24:48Z Attorney-Client Privilege Protection Act of 2009 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from: (1) demanding or requesting that an organization, or a current or former employee, officer, director, or agent of such organization, waive the protections of the attorney-client privilege or attorney work product doctrine; (2) offering to reward or actually rewarding an organization, or current or former employee, officer, director, or agent, for waiving such protections; or (3) threatening adverse treatment or penalizing an organization, or current or former employee, officer, director, or agent, for declining to waive those protections.

Prohibits a U.S. agent or attorney in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from considering specified conduct in: (1) making a civil or criminal charging or enforcement decision relating to an organization, or one of its current or former employees or agents; or (2) determining whether an organization, or a current or former employee, officer, director, or agent, is cooperating with the government.

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 protection of the attorney-client privilege or attorney work product doctrine; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, a current or former employee, officer, director, or agent of an organization; (3) entry into, or existence of, a valid joint-defense, information-sharing, or common-interest agreement between an organization and a current or former employee or officer or director or agent, or among its current or former employees; (4) the sharing of relevant information in anticipation of or in response to an investigation or enforcement matter between an organization and a current or former employee or officer or director or agent, or among its current or former employees, unless shuch sharing is itself an offense; or (5) the failure to terminate the employment or affiliation of or otherwise sanction any employee, officer, director, or agent of the organization because of the employee's, officer's, director's, or agent's decision to exercise personal constitutional rights or other legal protections in response to a government request.

Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.

]]> Attorney-Client Privilege Protection Act of 2009 Short Titles as Introduced Attorney-Client Privilege Protection Act of 2009 Display Title Attorney-Client Privilege Protection Act of 2009 Official Title as Introduced A bill to provide appropriate protection to attorney-client privileged communications and attorney work product. Introduced in Senate 2009-02-13T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s445is/xml/BILLS-111s445is.xml 2009-02-13 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.