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District Court: 'Heightened Risk of 401(k) Plan Litigation' Is Not a Basis to Shield Attorney-Fiduciary Communications
Jackson Lewis P.C. Link to more items from this source
Feb. 10, 2022

"The district court ordered the communications to be produced and differentiated between attorney review based on pending or anticipated litigation, which is privileged, and review based on 'a general fear of liability,' which is not privileged. The court was 'not persuaded that the prevalence of other 401(k) litigation during the relevant time period is a specific enough litigation risk' to trigger the protection of attorney-client privilege[.]" [In re GE ERISA Litigation, No. 17-12123 (D. Mass. Jan. 26, 2022).

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