Attorney-Client Privilege

Federal Rules of Evidence

Proposed Rule 502 limitations on waiver

Report of the Advisory Committee on Evidence Rules
rev. 6.30.06
Judicial Conference approved Rule 502 and agreed to transmit it to Congress with recommendation that it be enacted according to law 9.18.07

Rule 501 attorney-client privilege

Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the Supreme Court pursuant to statutory authority, the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law.

American Bar Association

Financial Services Regulatory Relief Act of 2006

Section-by-section Analysis
Section 607 provides that insured depository institution or credit union does not waive attorney-client privilege by providing privileged materials to Federal, state or foreign banking authority in course of any supervisory or regulatory process

Proposed Federal Legislation

Attorney-Client Privilege Protection Act of 2007

National Association of Criminal Defense Lawyers NACDL

Commentary

Sample of Court Decisions

Other Select Rulings

Motion Rulings 11.30.07
Special options backdating investigative committee could not shield from Plaintiffs its final report to Maxims board and certain of the committees communications with its lawyers
Kramer Levin litigation alert January 2008

Sample of SEC Amicus Briefs

McKesson HBOC v Adler 9th Circuit