Outside Publication

United States v. Jicarilla Apache Nation: Is It Time to Rethink the “Fiduciary Exception” to the Attorney-Client Privilege in the Context of ERISA Fiduciaries?, Benefits Law Journal, Vol. 25, No. 3

Autumn 2012

This article looks at how the attorney-client privilege applies to communications regarding employee benefit plans and examines a recent Supreme Court decision addressing the "fiduciary exception" to the privilege. The authors suggest that the Jicarilla decision provides a roadmap for applying more "bright line" rules to the fiduciary exception.