Common Sense in Sentencing Act of 2009

H.R.1064/S.435, the Youth PROMISE Act H.R.1022/S.132, Gang Abatement and Prevention Act of 2009, provisions related to definition of gang crimes, transfer of juveniles to adult criminal justice system and mandatory minimum sentences. S. 445, H.R. 4326, the Attorney-Client Privilege Protection Act H.R. 265, Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009 - provisions related to elimination of the current disparity in federal sentences for crack versus powder cocaine offenses H.R.1133, Family Telephone Connection Protection Act of 2009, provisions relating to regulation of contracts for telephone service by prison inmates. H.R.1412,S.495, the Justice Integrity Act. H.R.1459, the Fairness in Cocaine Sentencing Act. H.R.1873, the Juvenile Justice Improvement Act of 2009. H.R.1931, Juvenile Crime Reduction Act. S.678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 H.R.3335/S.1516, the Democracy Restoration Act. H.R.4335, Prison Abuse Remedies Act. S.1789, the Fair Sentencing Act of 2009 Proposed changes to Justice Department internal policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in 1999 Holder Memorandum, 2003 Thompson Memorandum, October 2005 McCallum Memorandum, December 2006 McNulty Memorandum, and August 2008 corporate charging guidelines amendment to U.S. Attorneys Manual) Proposed Presidential executive order or memorandum applying a strengthened version of the Justice Departments August 2008 corporate charging guidelines provisions dealing with waiver of attorney-client privilege, work product, and employee legal protections to all other federal agencies Proposed changes to Commodity Futures Trading Commission policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the August 11, 2004 and March 1, 2007 Enforcement Advisories titled Cooperation Factors in Enforcement Division Sanction Recommendations issued by the Commissions Division of Enforcement) Proposed changes to Securities and Exchange Commission policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the Commissions Seaboard Report, formally known as the Report of Investigation Pursuant to Section 21(a) of the Securities Act of 1934 and Commission Statement on the Relationship of Cooperation to Agency Enforcement Decisions, issued on October 23, 2001 as Releases 44969 and 1470; and in Section 4.3 of the SECs Enforcement Manual issued on October 6, 2008) Proposed changes to Department of Housing and Urban Development policy involving waiver of attorney-client privilege and work product protections (set forth in the HUDs February 3, 2006 formal Notice to public housing authorities urging them to include an addendum in all contracts with legal counsel that would restrict their attorneys ability to assert the attorney-client privilege on behalf of these clients in regard to HUD investigations and enforcement proceedings) and policy pressuring state and local government entities that administer federal awards to not pay their employees attorneys fees during investigations Proposed changes to Environmental Protection Agency policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the EPA Cooperation Standards, "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," Effective May 11, 2000) Proposed changes to Department of Defense policy involving waiver of attorney-client privilege and work product protections (set forth in DOD policy titled Use of DOD Information SystemsStandard Consent Banner and User Agreement requiring military defense lawyers to provide access to client computer files issued on May 9, 2008) H.R. 233, the Railroad Antitrust Enforcement Act H.R. 2289, the Juvenile Justice Accountability and Improvement Act of 2009 H.R. 2934, the Common Sense in Sentencing Act S. 714, the National Criminal Justice Commission Act of 2009 H.R. 1466, the Major Drug Traffficking Prosecution Act of 2009 S. 569, the Incorporation Transparency and Law Enforcement Assistance Act H.R. 3245, the Fairness in Cocaine Sentencing Act H.R. 3237, the Ramos-Compean Justice Act of 2009.

Client expense: $270,000 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Defense, Dept of (DOD), Education, Dept of, Environmental Protection Agency (EPA), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Legal Services Corporation, Library of Congress (LOC), Office of Management & Budget (OMB), Office of Personnel Management (OPM), Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of, U.S. Copyright Office, U.S. Trade Representative (USTR), Veterans Affairs, Dept of (VA), White House Office

P.L. 111-30 (H.R. 2675, S. 1219), the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act H.R.1064/S.435, the Youth PROMISE Act H.R.1022/S.132, Gang Abatement and Prevention Act of 2009, provisions related to definition of gang crimes, transfer of juveniles to adult criminal justice system and mandatory minimum sentences. S. 445, draft House companion bill, the Attorney-Client Privilege Protection Act H.R. 265, Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009 - provisions related to elimination of the current disparity in federal sentences for crack versus powder cocaine offenses H.R.1133, Family Telephone Connection Protection Act of 2009, provisions relating to regulation of contracts for telephone service by prison inmates. H.R.1412,S.495, the Justice Integrity Act. H.R.1459, the Fairness in Cocaine Sentencing Act. H.R.1873, the Juvenile Justice Improvement Act of 2009. H.R.1931, Juvenile Crime Reduction Act. S.678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 Proposed changes to Justice Department internal policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in 1999 Holder Memorandum, 2003 Thompson Memorandum, October 2005 McCallum Memorandum, December 2006 McNulty Memorandum, and August 2008 corporate charging guidelines amendment to U.S. Attorneys Manual) Proposed Presidential executive order or memorandum applying a strengthened version of the Justice Departments August 2008 corporate charging guidelines provisions dealing with waiver of attorney-client privilege, work product, and employee legal protections to all other federal agencies Proposed changes to Commodity Futures Trading Commission policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the August 11, 2004 and March 1, 2007 Enforcement Advisories titled Cooperation Factors in Enforcement Division Sanction Recommendations issued by the Commissions Division of Enforcement) Proposed changes to Securities and Exchange Commission policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the Commissions Seaboard Report, formally known as the Report of Investigation Pursuant to Section 21(a) of the Securities Act of 1934 and Commission Statement on the Relationship of Cooperation to Agency Enforcement Decisions, issued on October 23, 2001 as Releases 44969 and 1470; and in Section 4.3 of the SECs Enforcement Manual issued on October 6, 2008) Proposed changes to Department of Housing and Urban Development policy involving waiver of attorney-client privilege and work product protections (set forth in the HUDs February 3, 2006 formal Notice to public housing authorities urging them to include an addendum in all contracts with legal counsel that would restrict their attorneys ability to assert the attorney-client privilege on behalf of these clients in regard to HUD investigations and enforcement proceedings) and policy pressuring state and local government entities that administer federal awards to not pay their employees attorneys fees during investigations Proposed changes to Environmental Protection Agency policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the EPA Cooperation Standards, "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," Effective May 11, 2000) Proposed changes to the Federal Acquisition Regulation (FAR) rules involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during audits, investigations, or corrective actions (set forth in FAR Case 2007-006, Contractor Compliance Program and Integrity Reporting, 72 Fed. Reg. 64019 (November 14, 2007; Original Proposed Rule) and 73 Fed. Reg. 28407 (May 16, 2008; Second Proposed Rule) Proposed changes to Department of Treasury Office of Foreign Assets Control (OFAC) interim final rule involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during OFAC investigations and enforcement actions (set forth in the OFAC Interim Final Rule, Economic Sanctions Enforcement Guidelines, FR Doc. E8, 73 Fed. Reg. 174, September 8, 2008) Proposed changes to Department of Defense policy involving waiver of attorney-client privilege and work product protections (set forth in DOD policy titled Use of DOD Information SystemsStandard Consent Banner and User Agreement requiring military defense lawyers to provide access to client computer files issued on May 9, 2008) H.R. 233, the Railroad Antitrust Enforcement Act H.R. 2289, the Juvenile Justice Accountability and Improvement Act of 2009 H.R. 2934, the Common Sense in Sentencing Act S. 714, the National Criminal Justice Commission Act of 2009 H.R. 1466, the Major Drug Traffficking Prosecution Act of 2009 S. 569, the Incorporation Transparency and Law Enforcement Assistance Act H.R. 3245, the Fairness in Cocaine Sentencing Act H.R. 3237, the Ramos-Compean Justice Act of 2009. S. 797, the Tribal Law and Order Act of 2009

HR 265: To target cocaine kingpins and address sentencing disparity between crack and powder cocaine HR 1064:Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support and Education Act HR 1412: To increase public confidence in the justice system and address any unwarranted racial and ethnic disparities in the criminal process HR 1459: To amend the Controlled Substances Act and the Controlled Substances Import and Export Act regarding penalties for cocaine offenses, and for other purposes HR 1466: Major Drug Trafficking Prosecution Act of 2009 HR 2178: To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate certain mandatory minimum penalties relating to crack cocaine offenses HR 2934: Common Sense in Sentencing Act of 2009 S 435: Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support and Education Act S 495: Common Sense in Sentencing Act of 2009 S 714: A bill to establish the National Criminal Justice Commission. Creation of a Democracy Restoration Act Reintroduction of the Fairness in Drug Sentencing Act of 2007 Reintroduction of the Senate Drug Sentencing Reform Act of 2007 Reintroduction of the Senate Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 Issue related to enhancing scrutiny of illegal transactions into the US financial system Issues related to tightening restrictions against bribery of foreign government officials by US persons Issues related to legislation to reform crack/powder cocaine sentencing

Client expense: $370,000 · Firm income: Not reported

P.L. 111-30 (H.R. 2675, S. 1219), the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act H.R.1064/S.435, the Youth PROMISE Act H.R.1022/S.132, Gang Abatement and Prevention Act of 2009, provisions related to definition of gang crimes, transfer of juveniles to adult criminal justice system and mandatory minimum sentences. S. 445, Attorney-Client Privilege Protection Act H.R. 265, Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009 - provisions related to elimination of the current disparity in federal sentences for crack versus powder cocaine offenses H.R.1133, Family Telephone Connection Protection Act of 2009, provisions relating to regulation of contracts for telephone service by prison inmates. H.R.1412,S.495, the Justice Integrity Act. H.R.1459, the Fairness in Cocaine Sentencing Act. H.R.1873, the Juvenile Justice Improvement Act of 2009. H.R.1931, Juvenile Crime Reduction Act. S.678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 Proposed changes to Justice Department internal policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in 1999 Holder Memorandum, 2003 Thompson Memorandum, October 2005 McCallum Memorandum, December 2006 McNulty Memorandum, and August 2008 corporate charging guidelines amendment to U.S. Attorneys Manual) Proposed Presidential executive order or memorandum applying a strengthened version of the Justice Departments August 2008 corporate charging guidelines provisions dealing with waiver of attorney-client privilege, work product, and employee legal protections to all other federal agencies Proposed changes to Commodity Futures Trading Commission policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the August 11, 2004 and March 1, 2007 Enforcement Advisories titled Cooperation Factors in Enforcement Division Sanction Recommendations issued by the Commissions Division of Enforcement) Proposed changes to Securities and Exchange Commission policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the Commissions Seaboard Report, formally known as the Report of Investigation Pursuant to Section 21(a) of the Securities Act of 1934 and Commission Statement on the Relationship of Cooperation to Agency Enforcement Decisions, issued on October 23, 2001 as Releases 44969 and 1470; and in Section 4.3 of the SECs Enforcement Manual issued on October 6, 2008) Proposed changes to Department of Housing and Urban Development policy involving waiver of attorney-client privilege and work product protections (set forth in the HUDs February 3, 2006 formal Notice to public housing authorities urging them to include an addendum in all contracts with legal counsel that would restrict their attorneys ability to assert the attorney-client privilege on behalf of these clients in regard to HUD investigations and enforcement proceedings) and policy pressuring state and local government entities that administer federal awards to not pay their employees attorneys fees during investigations Proposed changes to Environmental Protection Agency policy involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during investigations (set forth in the EPA Cooperation Standards, "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," Effective May 11, 2000) Proposed changes to the Federal Acquisition Regulation (FAR) rules involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during audits, investigations, or corrective actions (set forth in FAR Case 2007-006, Contractor Compliance Program and Integrity Reporting, 72 Fed. Reg. 64019 (November 14, 2007; Original Proposed Rule) and 73 Fed. Reg. 28407 (May 16, 2008; Second Proposed Rule) Proposed changes to Department of Treasury Office of Foreign Assets Control (OFAC) interim final rule involving waiver of attorney-client privilege, work product, and employee legal protections as conditions for receiving cooperation credit during OFAC investigations and enforcement actions (set forth in the OFAC Interim Final Rule, Economic Sanctions Enforcement Guidelines, FR Doc. E8, 73 Fed. Reg. 174, September 8, 2008) Proposed changes to Department of Defense policy involving waiver of attorney-client privilege and work product protections (set forth in DOD policy titled Use of DOD Information SystemsStandard Consent Banner and User Agreement requiring military defense lawyers to provide access to client computer files issued on May 9, 2008) H.R. 233, the Railroad Antitrust Enforcement Act H.R. 2289, the Juvenile Justice Accountability and Improvement Act of 2009 H.R. 2934, the Common Sense in Sentencing Act S. 714, the National Criminal Justice Commission Act of 2009 H.R. 1466, the Major Drug Traffficking Prosecution Act of 2009 S. 569, the Incorporation Transparency and Law Enforcement Assistance Act