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The Fiduciary Exception to Attorney Client Privilege in ERISA Cases
Health Plan Law 
[Guidance Overview] Dec. 3, 2008
Excerpt: [F]or the ERISA lawyer, the question is not only avoiding waiver of the privilege, but whether there is a privilege - and that will depend on the further question of what court your case happens to be in. Tip - Communications prior to benefit decisions are more likely to be subject to the exception than subsequent communications.
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