Number: RS22588
Title: The McNulty Memorandum In Short:: Attorneys' Fees and Waiver of Corporate Attorney-Client and Work Product Protection
Authors: Charles Doyle, American Law Division 
Abstract: The Thompson Memorandum, subsequently superseded by the McNulty Memorandum, sparked considerable debate before Congress and elsewhere. At least one federal court concluded that the manner of implementing the Thompson Memorandum policy ran contrary to the dictates of the Fifth and Sixth Amendments. Both Houses held hearings on the matter during the 109th Congress and the 110th Congress. The House Judiciary Committee reported out the Attorney-Client Privilege Protection Act of 2007 (H.R. 3013), H.Rept. 110-445 (2007), which the House passed on November 13, 2007, 153 Cong. Rec. H13564. Senator Specter introduced a virtually identical bill in the Senate, S. 186. He later offered a revised version as S. 3217. Both Houses have held hearings in the 109th and 110th Congresses, but adjourned without taking further action on the proposals. This is a discussion of the legislation as well as the controversy's legal background and chronology.
Pages: 6
Date: October 14, 2008