AMERICAN BAR ASSOCIATION

Trade (domestic/foreign)

General communications regarding international trade in legal services and market access for U.S. lawyers and law firms.

TargetedSENATE · HOUSE OF REPRESENTATIVES · Government Accountability Office (GAO) · Congressional Budget Office (CBO) · White House Office · Natl Security Council (NSC) · Office of Management & Budget (OMB) · U.S. Trade Representative (USTR) · Commerce, Dept of (DOC) · Education, Dept of · Health & Human Services, Dept of (HHS) · Justice, Dept of (DOJ) · State, Dept of (DOS) · Treasury, Dept of · Veterans Affairs, Dept of (VA) · Federal Trade Commission (FTC) · U.S. Agency for International Development (USAID) · Homeland Security, Dept of (DHS) · Alcohol & Tobacco Tax & Trade Bureau (TTB) · Consumer Financial Protection Bureau (CFPB)

Law Enforcement/Crime/Criminal Justice

S.998, the Driving for Opportunity Act, to incentivize states to end the practice of suspending or revoking driver's licenses or car registrations due to unpaid fees or fines. H.R. 2837, the Making Essentials Available and Lawful Act, which would restore eligibility for Supplemental Nutrition Assistance Program assistance for those with a past drug conviction. H.R. 1280, the George Floyd Justice in Policing Act of 2021 - provisions repealing qualified immunity for law enforcement officers who violate the rights of individuals; improving data collection and reporting; establishing fair and independent investigation and prosecution when a person dies while in police custody; supporting reforms around the use of lethal force; opposing chokeholds; and opposing no-knock warrants in drug cases. S. 1014, the First Step Implementation Act - provisions that would allow a person sentenced as a juvenile to have their lengthy criminal sentences reviewed once they had served at least 20 years, as well as provide for sealing of records of nonviolent juvenile offenses within three years of release. Activity in support of raising the minimum age of juvenile jurisdiction to 14. H.R. 1693, S. 79, the EQUAL Act, to equalize the sentencing for offenses involving crack vs powder cocaine. S. 431, the Democracy Restoration Act, to restore persons eligibility to vote in federal elections following completion of their criminal sentence. H.R. 546, the Effective Assistance of Counsel in the Digital Era Act, which would ensure that the attorney-client privilege applied to digital messages sent between federal prisoners and their lawyers. H.R. 1620, the Violence Against Women Act Reauthorization Act. H.R. 4350, the National Defense Authorization Act for Fiscal Year 2022 - relating to amendments to include language restricting the Department of Defense 1033 Program through which state and local law enforcement agencies may obtain military grade equipment and to include language authorizing military service members to appeal negative outcomes before the Court of Appeals for the Armed Forces to the U.S. Supreme Court without permission from the Department of Defense. Discussions at DOJ to eliminate mandatory minimums, allow compassionate release, pursue criminal justice reforms, and improve access to justice generally. Activity in support of a health approach to combating criminal activity involving fentanyl analogues in lieu of increased criminalization and harsh mandatory minimum sentences for even nonviolent offenses. Draft legislation clarifying that attorneys engaged in litigation should be regulated and disciplined solely by courts, federal agencies have no authority to regulate attorneys litigation activities, and parties in litigation have no federal private right of action against their opponents attorney for alleged litigation misconduct. Proposed changes to Customs and Border Protection Directive No. 3340-049 (Border Search of Electronic Devices Containing Information, dated August 20, 2009), Customs and Border Protection Directive No. 3340-049A (Border Search of Electronic Devices, dated January 4, 2018), and Immigration and Customs Enforcement Directive No. 7-6.1 (Border Searches of Electronic Devices, dated August 18, 2009) to prevent border officials from reading, duplicating, seizing, or sharing attorney-client privileged or confidential client documents or information contained on attorneys laptop computers, cell phones, and other electronic devices at U.S. border crossings unless the officials first obtain a subpoena based on reasonable suspicion or a warrant supported by probable cause.