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Trap for the Unwary: Employee Benefit Plans and the Fiduciary Exception to the Attorney-Client Privilege
The Metropolitan Corporate Counsel Link to more items from this source
June 28, 2014
"Both the settlor exception and the liability exception to the fiduciary exception are grounded in the identity of interest between the fiduciary and beneficiary. The attorney-client privilege tends to be preserved where the fiduciary's interest and the beneficiary's interest have sufficiently diverged.... Indicative of divergent interests is the retention of counsel by a beneficiary, the threat of litigation, and the discussion of potential litigation."

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