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Bill Seeks To Protect Attorney-Client Privilege

Law360 (December 8, 2006, 12:00 AM EST) -- Prosecutors should not be allowed to ask corporate counsel to violate attorney-client privilege in order to provide information about fraud, outgoing Senate Judiciary Committee Chairman Arlen Specter proposed in a bill Thursday.

The Attorney-Client Privilege Protection Act of 2006 would bar regulators from asking general counsel to waive the attorney-client privilege, although it would allow prosecutors to seek information they believe is not confidential.

The bill comes in response to the 2003 Thompson Memo, issued by then-deputy attorney general Larry Thompson. The memo informed prosecutors that...
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