On March 1, 2007, the Commodity Futures Trading Commission issued an Enforcement Advisory (the 2007 CFTC Advisory), entitled Cooperation Factors in Enforcement Division Sanction Recommendations, to clarify its Aug. 11, 2004 Enforcement Advisory on Cooperation (the 2004 CFTC Advisory), as it relates to requests for waivers by companies of the attorney-client and work product privileges.
The 2007 CFTC Advisory comes 2 1/2 months after the Department of Justice revised its enforcement guidelines and released what has quickly come to be known as the McNulty memorandum.
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