Tag Archives: DOL

Fiduciary Exception To Attorney-Client Privilege Splits Circuits

Courts continue to apply the fiduciary exception to the attorney-client privilege to the fiduciaries of ERISA-governed plans.  Under the fiduciary exception, plan participants and the Secretary of Labor can obtain testimony or documents relating to confidential communications between plan fiduciaries and their lawyers regarding plan administration. Although the Third Circuit has ruled that the fiduciary … Continue Reading