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Fiduciary Exception

ArentFox Schiff

Attorney-Client Privilege in Ownership Disputes: The “Fiduciary Exception”

ArentFox Schiff on

This post explains an exception to the attorney-client privilege that is recognized in many jurisdictions to allow minority owners of LLCs and corporations to attempt to obtain the privileged communications of their LLC or...more

Winstead PC

[Webinar] Financial Services - Issues Regarding The Attorney-Client Privilege For Trustees In Texas - September 26th, 10:00 am -...

Winstead PC on

This presentation will take a detailed look at the attorney-client privilege between a trustee and its attorney, the scope of the privilege, the fiduciary exception that would allow beneficiaries to review communications and...more

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

Farrell Fritz, P.C.

Pitfalls for Corporate Counsel in Business Divorce Disputes

Farrell Fritz, P.C. on

No corporate lawyer wants to get drawn into a nasty litigation between an entity’s owners. But the reality is that corporate and general counsel often find themselves unwittingly ensnared in business divorce cases. Sometimes...more

Tucker Arensberg, P.C.

Fiduciary Exception to Attorney-Client Privilege is Alive and Well in Pennsylvania (For Now)

Tucker Arensberg, P.C. on

On May 23, 2022, the Superior Court of Pennsylvania held that the fiduciary exception to the attorney-client privilege and attorney work product doctrine is consistent with Pennsylvania law. This ruling was highly anticipated...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

ArentFox Schiff

Attorney-Client Privilege Issues: Illinois Corporations and Other Jurisdictions

ArentFox Schiff on

This post explains the rules that apply to Illinois corporations and business entities organized in other jurisdictions. In most jurisdictions, shareholders and LLC members generally do not have the right to obtain...more

Jackson Lewis P.C.

Attorney-Client Privilege in ERISA Matters

Jackson Lewis P.C. on

A most basic precept of the law is the attorney-client privilege. A litigant being able to speak freely and completely with his or her counsel without the fear of the conversation being revealed has been a cornerstone of...more

Jackson Lewis P.C.

Heightened Litigation Risk Is Not A Basis to Shield Attorney-Fiduciary Communications in 401(k) Litigation

Jackson Lewis P.C. on

A Massachusetts district court recently ordered defendants in an ERISA fiduciary breach case to produce certain communications with their in-house and outside counsel, rejecting defendants’ argument that the communications...more

Cozen O'Connor

Split McAleer Ruling Leaves Attorney-Client Privilege Fiduciary Exception In Limbo

Cozen O'Connor on

In a recent Pennsylvania Supreme Court case, In re: Estate of William K. McAleer, the state high court addressed the issue of whether Pennsylvania law recognizes the fiduciary exception to attorney-client privilege....more

Goodwin

Key Takeaways for Investors From the Federal Reserve’s Final “Control” Rule

Goodwin on

On January 30, 2020, the Board of Governors of the Federal Reserve System (Federal Reserve) issued a final rule (Rule) that revises the Federal Reserve’s regulations related to determinations of whether a first company (an...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #7 – Understanding Attorney-Client Privilege in the Benefits Claims Process

When a plan administrator is attending to a benefit claim and thinks it is time to call in an attorney, are those discussions privileged and protected from disclosure to claimants? In this week’s blog, we take a look at some...more

Carlton Fields

Court Sheds Light on ERISA’s Fiduciary Exception to Attorney-Client Privilege

Carlton Fields on

A federal district court in Ohio recently attempted to shed some light on when internal communications between an ERISA plan administrator and its in-house counsel are discoverable and when they are protected by the...more

Proskauer - Employee Benefits & Executive...

Life Insurer Compelled to Produce Attorney-Client Communications

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

A&O Shearman

Delaware Chancery Court Holds Garner Fiduciary Exception Does Not Justify Compelled Production Of Privileged Documents Relevant To...

A&O Shearman on

On July 27, 2017, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery found that stockholder plaintiffs had not satisfied their burden of showing “good cause” under the Garner fiduciary exception to the...more

Dechert LLP

Federal Court Denies “Fiduciary Exception” Challenge in Connection with Section 36(b) Excessive Fee Lawsuit

Dechert LLP on

The U.S. District Court for the Northern District of Illinois denied a motion to compel production of attorney-client privileged documents on April 25, 2017, in connection with the Section 36(b) lawsuit Chill v. Calamos...more

Carlton Fields

Expect Focus - Volume I, March 2017

Carlton Fields on

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention...more

Carlton Fields

Court Applies “Fiduciary Exception” to Mutual Fund Trustees’ Attorney-Client Privilege

Carlton Fields on

In Kenny v. Pacific Inv. Mgm’t Co. LLC (W.D. Wash.), a federal judge recently ruled that a mutual fund’s independent trustees must produce certain documents that the trustees had redacted or withheld based on attorney-client...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

Fox Rothschild LLP

So Who Wants Senior Clients

Fox Rothschild LLP on

In its never-ending effort to thwart senior investor fraud, FINRA recently proposed a new rule to the SEC. This proposal would require member firms to obtain the name of a trusted contact person for the customer’s account....more

Proskauer - Minding Your Business

Who’s the “Real Client”? Attorney-Client Privilege Between Firm In-House Counsel And Other Firm Lawyers

While attorneys provide legal advice to their clients, they are sometimes the recipients of such advice from their own counsel, including in-house firm counsel. Agreeing with recent decisions by the highest courts of Georgia...more

Holland & Knight LLP

New York Appellate Division Strongly Supports In-House Law Firm Privilege Claim

Holland & Knight LLP on

In Stock v. Schnader Harrison Segal & Lewis, 2016 WL 3556655 (N.Y. App. Div. 2016), the First Judicial Department of the New York Appellate Division upheld, in a case involving a former law firm client seeking to sue the...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Proskauer - Minding Your Business

The Most Overlooked Exception to Attorney-Client Privilege

In-house counsel often communicate with corporate management under the assumption that these communications are protected by the attorney-client privilege— absent some type of unusual and extraordinary circumstance, such as...more

Spilman Thomas & Battle, PLLC

The Fiduciary Exception to the Attorney-Client Privilege: Whose Privilege is it in Litigation?

The attorney-client privilege is a cornerstone of the legal practice. The privilege protects the confidentiality of communications between a client and an attorney from disclosure to a third party when the communications are...more

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