Attorney Client Privilege – ERISA

The “fiduciary exception” to the attorney client privilege holds that communications may not be privileged when they involve legal advice rendered to fiduciaries in the execution of their fiduciary duties. “The fiduciary exception is now well recognized in the jurisprudence of both federal and state courts, and has been applied in a wide variety of contexts, including . . . ERISA enforcement actions.” United States v. Jicarilla Apache Nation, 131 S.Ct. 2313, 2332-33 (2011). “The attorney client privilege should not be used as a shield to prevent disclosure of information relevant to an alleged breach of fiduciary duty.” Bland, 401 F.3d at 787.

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About tngadisabilitylawyer
Disability Lawyer in Tennessee and Georgia.

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