Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

Enrolled Actuary
Loren D. Stark Company logo
Loren D. Stark Company
ESOP Valuation Writer
Unique ESOP Valuation Provider

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn

<< Previous news item   |   Next news item >>

The Fiduciary Exception to the Attorney-Client Privilege: What It Is, and Why It Matters
Stephen Rosenberg, The Wagner Law Group Link to more items from this source
Feb. 12, 2014
"[T]he magistrate judge dealt, in a very clean and easily understood manner, with the key issues that come into play under [the fiduciary exception to the attorney-client privilege in ERISA litigation], which have to do with its borders: to be exact, what attorney-client communications are subject to disclosure under this exception, and what ones are not.... Plans and their outside ERISA lawyers ... need to remember that their communications can end up in a courtroom in later litigation that cannot even be foreseen at the time of the communications in question, and should be careful with regard to the accuracy, context, phrasings and tone of such communications as a result." [Kenney v. State Street Corp., No. 9-10750-DJC (D. Mass. Dec. 2013)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2020, Inc.