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Employee Retirement Income Security Act (ERISA) › Fiduciary Duty › Privileged Communication

McGuireWoods LLP

Southern District of Ohio Acknowledges the "Fiduciary Exception's" Applicability to ERISA Communications — With a Twist

McGuireWoods LLP on

Under what is called the "fiduciary exception," the law essentially deems a fiduciary's beneficiary to be the fiduciary’s lawyer’s actual "client." This normally enables the beneficiary to access communications between the...more

McGuireWoods LLP

The Oddly Named "Fiduciary Exception" and Its "Exceptions"

McGuireWoods LLP on

Under old English trust law, courts gave trust beneficiaries access to otherwise privileged communications between the trust fiduciary and its lawyer advising him or her on trust administration matters. The main case bringing...more

Proskauer - Employee Benefits & Executive...

Life Insurer Compelled to Produce Attorney-Client Communications

Proskauer - Employee Benefits & Executive... on

A federal district court in Ohio concluded that internal communications between a plan administrator and in-house counsel about a beneficiary’s first-level benefit claim remained protected by the attorney-client privilege,...more

Seyfarth Shaw LLP

Does the Fiduciary Exception Apply to Legal Advice Received By Insurers During the Claims Process

Seyfarth Shaw LLP on

Seyfarth Synopsis: Adding to the body of conflicting authority on the scope of the attorney-client privilege in ERISA lawsuits, a district court has found that the fiduciary exception to attorney-client privilege applies to...more

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