Constitutional Law

Bill to Ban DOJ Privilege Attack on Corps. Will Pass, Backers Predict

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A growing weight of support for federal legislation that seeks to curtail a controversial Justice Department practice of requiring corporations to waive attorney-client privilege has reportedly persuaded backers that it is likely to pass, sooner or later.

The bill, which has already been passed by the House of Representatives, is supported by a dozen high-profile senators, nearly three dozen former federal prosecutors, and a diverse coalition of organizations, including the American Civil Liberties Union and the Chamber of Commerce, reports the American Lawyer.

“There’s no logical reason it shouldn’t pass,” says Stephanie Martz, director of the National Association of Criminal Defense Lawyer’s White Collar Crime Project, which supports the bill. However, it could pass after Congress goes on a summer break in July, she notes.

“We haven’t run into any opposition except from U.S. Department of Justice officials,” Martz tells American Lawyer. “It’s not going to matter who the president is.”

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