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Supreme Court Declines to Apply Fiduciary Exception to Attorney-Client Privilege: What Implications for ERISA Plans?
McGuireWoods [Guidance Overview] Dec. 8, 2011
[T]he U.S. Supreme Court considered the 'fiduciary exception' for the first time in a non-ERISA setting and found that the United States, as trustee of tribal property, was entitled to confidential communications with its legal counsel despite its fiduciary status. The Supreme Court's rejection of the 'fiduciary exception' in this context has raised hope that ERISA fiduciaries may be entitled to greater confidentiality in obtaining legal advice regarding plan administration.
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