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Application of the Fiduciary Exception in ERISA Litigation (PDF)
Proskauer Rose LLP 
[Guidance Overview] June 9, 2008
Pages 5-6 of 8 pages. Excerpt: The [attorney-client privilege] is not absolute; a 'fiduciary exception' to the attorney-client privilege has become well established. Rooted in English common law, and applied in various disciplines, courts routinely have applied the fiduciary exception in the appropriate circumstances in ERISA litigation.
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