Attorney-Client Privilege Protection Act of 2009

H.R. 3149, Equal Employment for All Act All labor and employment policy provisions of the following bills: H.R. 12 / S. 182 / S. 3772 Paycheck Fairness Act H.R. 2981 / H.R. 3017 / S. 1584, Employment Non-Discrimination Act of 2009 H.R. 1020 / S. 931 / Arbitration Fairness Act of 2009 H.R. 2151 / S. 904, Fair Pay Act of 2009 H.R. 4326 / S. 445, Attorney-Client Privilege Protection Act of 2009 H.R. 3721 / S. 1756, Protecting Older Workers Against Discrimination Act Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with P.L. 110-325) (74 Fed. Reg. 48,431, Sept. 23, 2009)) Proposed regulations related to "reasonable factors other than age" under the Age Discrimination in Employment Act (75 Fed. Reg. 7,212, February 18, 2010) Proposed regulations related to affirmative action under section 503 of the Rehabilitation Act of 1973 (75 Fed. Reg. 43,116, July 23, 2010) Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission Various issues including: oversight opportunities for the 112th Congress and employer use of employee credit history (EEOC meeting on October 20, 2010)

Client expense: $36,360,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Aviation Administration (FAA), Federal Election Commission (FEC), Federal Reserve System, Federal Trade Commission (FTC), General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Justice, Dept of (DOJ), Labor, Dept of (DOL), Maritime Administration (MARAD), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), St. Lawrence Seaway Development Corporation, State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Copyright Office, U.S. Trade Representative (USTR), White House Office

S. 3466, Mens Rea Requirements, entire bill Issues related to overcriminalization/legal reform S. 569, Incorporation Transparency and Law Enforcement Assistance Act, entire bill H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill S. 1504, Notice Pleading Restoration Act of 2009, entire bill H.R. 4115, Open Access to Courts Act of 2009, entire bill S. 3257, Labor-Health and Human Services-Education Appropriation Act, provisions related to funding for OSHA Voluntary Protection Program, entire bill Proposed amendments to the U.S. Sentencing Guidelines related to commodities fraud and unauthorized disclosures of personal health insurance information

Client expense: $1,950,000 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, Treasury, Dept of

S. 569 Incorporation Transparency and Law Enforcement Assistance Act, Beneficial Ownership Issues related to overcriminalization/legal reform H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill Issues: Legislative proposals regarding unnecessary and excessive criminal provisions in Federal legislation S. 1504, "Notice Pleading Restoration Act," entire bill H.R. 4115, "Open Access to Courts Act," entire bill Proposed amendments to the U.S. Sentencing Guidelines related to commodities fraud and unauthorized disclosures of personal health insurance information Draft legislation, FY 2011 Labor-Health and Human Services-Education Appropriation Act, provisions related to funding for OSHA Voluntary Protection Program

Client expense: $1,950,000 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, Treasury, Dept of

Arbitration Reform proposals (H.R. 1020; H.R. 1237; S. 512); Sunshine in Litigation Act of 2009 (S. 537; H.R. 1508); Attorney-client privilege proposals (H.R. 4326); False Claims Act reform; Open Access to Justice Act (H.R. 5419); Federal Courts Jurisdiction and Venue Act of 2010 (H.R. 4113)

Client expense: Not reported · Firm income: $20,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 265, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009. 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. H.R.1064, S.435, the Youth PROMISE Act. 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.1466, the Major Drug Trafficking Prosecution Act of 2009. H.R.1873, the Juvenile Justice Improvement Act of 2009 H.R.1931, the Juvenile Crime Reduction Act. H.R.2289, the Juvenile Justice Accountability and Improvement Act. H.R.2934, the Common Sense in Sentencing Act. H.R.3245, the Fairness in Cocaine Sentencing Act. H.R.3237, the Ramos-Compean Justice Act of 2009. H.R.3335, S.1516, the Democracy Restoration Act. H.R.4335, Prison Abuse Remedies Act. S.678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009. S.714, H.R. 5143, the National Criminal Justice Commission Act of 2009. S.1390, National Defense Authorization Act for Fiscal Year 2010, provisions of the Matthew Shepard Hate Crime Prevention Act. S.1789, the Fair Sentencing Act of 2009. S.2772, H.R.4080, the Criminal Justice Reinvestment Act of 2009. S. 445, H.R. 4326, Attorney-Client Privilege Protection Act H.R. 5304, The Byrne/JAG Program Accountability Act 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 [Filip Memorandum]). Proposed Presidential executive order applying a modified 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 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 and revised on January 13, 2010). 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). Reauthorization of the Violence Against Women Act FY2012 funding for programs related to violence against women, sexual assault, dating violence, and stalking H.R.5300, the Fairness and Accuracy in Employment Background Checks Act of 2010 H.R.5748, End Racial Profiling Act H.R.6059, First Offender Improvement Act H.R. 725, the Indian Arts and Crafts Amendments Act - amendment to incorporate S. 797, the bipartisan Tribal Law and Order Act of 2009.

H.R. 1508 and S. 537, "Sunshine in Litigation Act of 2009," which relate to protective orders, sealing of cases from disclosures of discovery information in civil actions. H.R. 1788 and S. 458, which would expand the "False Claims Act." S. 1504 and H.R. 4115, the "Notice Pleading Restoration Act and the Open Access to Court Act of 2009," which would change civil procedure standards for dismissing lawsuit complaints for failure to state a meritorious claim. H.R. 5503, "Securing Protections for the Injured from Limitations Act," which would amend the Class Action Fairness Act. H.R. 4326, "Attorney-Client Privilege Protection Act," which would limit DOJ requests for privileged information.

Client expense: $560,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), Federal Emergency Management Agency (FEMA), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Justice, Dept of (DOJ), Office of Thrift Supervision (OTS), SENATE, Transportation, Dept of (DOT), White House Office

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

S. 3466, Mens Rea Requirements, entire bill Issues related to overcriminalization/legal reform S. 569, Incorporation Transparency and Law Enforcement Assistance Act, entire bill H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill S. 1504, Notice Pleading Restoration Act of 2009, entire bill H.R. 4115, Open Access to Courts Act of 2009, entire bill S. 3257, Labor-Health and Human Services-Education Appropriation Act, provisions related to funding for OSHA Voluntary Protection Program, entire bill Proposed amendments to the U.S. Sentencing Guidelines related to commodities fraud and unauthorized disclosures of personal health insurance information

Client expense: $1,950,000 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, Treasury, Dept of

H.R. 265, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009. 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. H.R.1064, S.435, the Youth PROMISE Act. 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.1466, the Major Drug Trafficking Prosecution Act of 2009. H.R.1873, the Juvenile Justice Improvement Act of 2009 H.R.1931, the Juvenile Crime Reduction Act. H.R.2289, the Juvenile Justice Accountability and Improvement Act. H.R.2934, the Common Sense in Sentencing Act. H.R.3245, the Fairness in Cocaine Sentencing Act. H.R.3237, the Ramos-Compean Justice Act of 2009. H.R.3335, S.1516, the Democracy Restoration Act. H.R.4335, Prison Abuse Remedies Act. S.678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009. S.714, H.R. 5143, the National Criminal Justice Commission Act of 2009. S.1390, National Defense Authorization Act for Fiscal Year 2010, provisions of the Matthew Shepard Hate Crime Prevention Act. S.1789, the Fair Sentencing Act of 2009. S.2772, H.R.4080, the Criminal Justice Reinvestment Act of 2009. S. 445, H.R. 4326, Attorney-Client Privilege Protection Act H.R. 5304, The Byrne/JAG Program Accountability Act 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 [Filip Memorandum]). Proposed Presidential executive order applying a modified 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 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 and revised on January 13, 2010). 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. 1508 and S. 537, "Sunshine in Litigation Act of 2009," which relate to protective orders, sealing of cases from disclosures of discovery information in civil actions. H.R. 1788 and S. 458, which would expand the "False Claims Act." S. 1504 and H.R. 4115, the "Notice Pleading Restoration Act and the Open Access to Court Act of 2009," which would change civil procedure standards for dismissing lawsuit complaints for failure to state a meritorions claim. H.R. 5503, "Securing Protections for the Injured from Limitations Act," which would amend the Class Action Fairness Act. H.R. 4326, "Attorney-Client Privilege Protection Act," which would limit DOJ requests for privileged information.

Client expense: $640,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), Federal Emergency Management Agency (FEMA), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Justice, Dept of (DOJ), Office of Thrift Supervision (OTS), SENATE, Transportation, Dept of (DOT), Treasury, Dept of, White House Office

S. 445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 All labor and employment policy provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326, FY2010 Defense Appropriations Bill Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register 48,431, published Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register 9.056, published Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register 51,664, published Oct. 7, 2009) Proposed regulations related to "reasonable factors other than age" under the Age Discrimination in Employment Act (see Federal Register 7,212, published February 18, 2010) Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission

Client expense: $9,480,000 · Firm income: Not reported

H.R. 3451, Foreclosure and Sound Mortgage Servicing Act of 2009, provisions on arbitration S. 512/H.R. 1237, Fairness in Nursing Home Arbitration Act H.R. 991, Consumer Fairness Act of 2009 H.R. 1214, Payday Loan Reform Act of 2009 S. 537/H.R. 1508/H.R. 5419, Sunshine in Litigation Act of 2009 H.R. 3200, Affordable Health Choices Act, provisions on medical mal-practice S. 445, Attorney-Client Privilege Protection Act of 2009 S. 1504, Notice Pleading Restoration Act of 2009 S. 2915, Rape Victims' Act of 2009 H.R. 4115, Open Access to Courts Act H.R. 5503, Securing Protections for the Injured from Limitations on Liability Act H.R. 4326, Attorney-Client Privilege Protection Act of 2009 H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 4678/S. 1606, Foreign Manufacturers Legal Accountability Act S. 3302/HR 5381, Motor Vehicle Safety Act, provisions on liability H.R. 2454, American Clean Energy and Security Act of 2009, provisions on litigation H.R. 2868, Chemical Facility Anti-Terrorism Act of 2009, provisions on litigation S. 585, Taxpayer Abuse Prevention Act, provisions on arbitration S. 263, Service Members Access to Justice Act of 2009, provisions on arbitration H.R. 1728, Mortgage Reform and Anti-Predatory Lending Act, provisions on arbitration Amendment 154 offered for potential consideration on H.R. 5136, provisions of an arbitration related amendment offered in the House Rules Committee for potential consideration on the National Defense Authorization Act of 2011 General background on: legal reform issues, discovery reform, medical liability reform, arbitration and other alternative dispute resolution mechanisms, attorney-client privilege and asbestos (no specific legislation introduced)

Client expense: $3,750,000 · Firm income: Not reported

Arbitration Reform proposals (H.R. 1020; H.R. 1237; S. 512); Sunshine in Litigation Act of 2009 (S. 537; H.R. 1508); Attorney-client privilege proposals (H.R. 4326); False Claims Act reform; Open Access to Justice Act (H.R. 5419)

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

S. 569 Incorporation Transparency and Law Enforcement Assistance Act, Beneficial Ownership Issues related to overcriminalization/legal reform H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill Issues: Legislative proposals regarding unnecessary and excessive criminal provisions in Federal legislation S. 1504, "Notice Pleading Restoration Act," entire bill H.R. 4115, "Open Access to Courts Act," entire bill Proposed amendments to the U.S. Sentencing Guidelines related to commodities fraud and unauthorized disclosures of personal health insurance information Draft legislation, FY 2011 Labor-Health and Human Services-Education Appropriation Act, provisions related to funding for OSHA Voluntary Protection Program

Client expense: $1,950,000 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, Treasury, Dept of

H.R. 265, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009. 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. H.R.1064, S.435, the Youth PROMISE Act. 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.1466, the Major Drug Trafficking Prosecution Act of 2009. H.R.1873, the Juvenile Justice Improvement Act of 2009 H.R.1931, the Juvenile Crime Reduction Act. H.R.2289, the Juvenile Justice Accountability and Improvement Act. H.R.2934, the Common Sense in Sentencing Act. H.R.3245, the Fairness in Cocaine Sentencing Act. H.R.3237, the Ramos-Compean Justice Act of 2009. H.R.3335, S.1516, the Democracy Restoration Act. H.R.4335, Prison Abuse Remedies Act. S.678, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009. S.714, the National Criminal Justice Commission Act of 2009. S.1390, National Defense Authorization Act for Fiscal Year 2010, provisions of the Matthew Shepard Hate Crime Prevention Act. S.1789, the Fair Sentencing Act of 2009. S.2772, H.R.4080, the Criminal Justice Reinvestment Act of 2009. S. 445, H.R. 4326, Attorney-Client Privilege Protection Act H.R. 233, S. 146, Railroad Antitrust Enforcement Act 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 [Filip Memorandum]). Proposed Presidential executive order applying a modified 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 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 and revised on January 13, 2010). 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).

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

Fair Sentencing Act (S. 1789); Fairness in Cocaine Sentencing Act (HR 3245) - all provisions; Tribal Law and Order Act (S. 797, H.R. 1924) - all provisions; Equal Justice for Our Military Act (S. 357, HR 569) - all provisions; Justice For All Act Reauthorization; State Secrets Protection Act (S. 417) - all provisions; U.S. Patriot Act and Domestic Surveillance Laws; Indigent Defense, Over-criminalization of Conduct and Over-federalization of Criminal law; Strengthening Forensic Science in the U.S.; Judiciously Using Surveillance Tools in Counterterrorism Efforts Act (S. 1686) - all provisions; Attorney-Client Privilege Protection Act (H.R. 4326) - all provisions; The Patient Protection and Affordable Care Act (H.R. 3590) - (S.A. 2792) - all provisions; indigent defense; drug courts; FY2011 Commerce - Justice - Science Appropriations - funding for indigent defense and John R. Justice Prosecutors and Defenders Incentive Act.

Client expense: $50,000 · Firm income: Not reported

Government targets: Bureau of Justice Assistance, HOUSE OF REPRESENTATIVES, Justice, Dept of (DOJ), SENATE

Arbitration Reform proposals (H.R. 1020; H.R. 1237; S. 512); Sunshine in Litigation Act of 2009 (S. 537; H.R. 1508); Attorney-client privilege proposals (H.R. 4326); False Claims Act

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

S. 569 Incorporation Transparency and Law Enforcement Assistance Act, Beneficial Ownership Issues related to overcriminalization/legal reform H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill Issues: Legislative proposals regarding unnecessary and excessive criminal provisions in Federal legislation

Client expense: $3,050,000 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, SENATE

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.

S. 569 Incorporation Transparency and Law Enforcement Assistance Act, Beneficial Ownership Overcriminalization/Legal Reform H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill Issues: Legislative proposals regarding unnecessary and excessive criminal provisions in Federal legislation

Client expense: $770,000 · Firm income: Not reported

Fair Sentencing Act (S. 1789); Fairness in Cocaine Sentencing Act (HR 3245) - all provisions; Tribal Law and Order Act (S. 797, H.R. 1924) - all provisions; Equal Justice for Our Military Act (S. 357, HR 569) - all provisions; Justice For All Act Reauthorization; Justice Integrity Act (S. 495, H.R. 1412) - all provisions; Federal Restricted Buildings and Grounds Improvement Act of 2009 (H.R. 2780) - all provisions; State Secrets Protection Act (S. 417) - all provisions; U.S. Patriot Act and Domestic Surveillance Laws; Indigent Defense, Over-criminalization of Conduct and Over-federalization of Criminal law; Strengthening Forensic Science in the U.S.; National Criminal Justice Commission Act (S. 714) - all provisions; Deferred Prosecution Agreements and Non-Prosecution Agreements; Judicial recusal standards; racial discrimination in the criminal justice system; Judiciously Using Surveillance Tools in Counterterrorism Efforts Act (S. 1686) - all provisions; Accountability in Deferred Prosecution Act (H.R. 1947) - all provisions; Incorporation Transparency and Law Enforcement Assistance Act (S. 569) - all provisions; Strengthening Enforcement for Health Care Fraud Crimes Act (S. 1843)- (S.A. 2787); Attorney-Client Privilege Protection Act (H.R. 4326) - all provisions; The Patient Protection and Affordable Care Act (H.R. 3590) - (S.A. 2792) - all provisions.

Client expense: $50,000 · Firm income: Not reported

Arbitration Reform proposals (H.R. 1020; H.R. 1237; S. 512); Sunshine in Litigation Act of 2009 (S. 537; H.R. 1508); Attorney-client privilege proposals (H.R. 4326)

Client expense: Not reported · Firm income: $20,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

S. 569 Incorporation Transparency and Law Enforcement Assistance Act, Beneficial Ownership Issues related to overcriminalization/legal reform H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill Issues: Legislative proposals regarding unnecessary and excessive criminal provisions in Federal legislation

Client expense: $2,990,000 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, SENATE

H.R. 4326, Attorney-Client Privilege Protection Act of 2009, entire bill; Legislative proposals regarding unnecessary and excessive criminal provisions in Federal legislation.

Client expense: Not reported · Firm income: $60,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE