ERISA Counsel and Attorney-Client Privilege: Protecting Counsel Advice to Plan Fiduciaries
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will examine recent rulings on the ERISA fiduciary exception to attorney-client privilege, the majority view and how some jurisdictions differ. The panel will explain best practices for preserving the privilege given conflicting court rulings on when the fiduciary exception applies and when it does not.
- Overview of program
- The attorney-client privilege
- Parameters of ERISA fiduciary exception
- Who is a fiduciary?
- Who is the client?
- Scope of fiduciary functions subject to the exception and limitations of exception
- Work product
- Recent court rulings on the ERISA fiduciary exception
- United States v. Jicarilla Apache Nation
- Wal-Mart Stores Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW
- Best practices for preserving the privilege
The panel will review these and other key issues:
- What lessons do court rulings offer counsel in developing best practices and advising ERISA plan fiduciaries to protect communications with counsel?
- In what circumstances can counsel clearly defend the privilege in fiduciary conduct and communications—and how can counsel navigate the grey areas?
- How is work product distinguished from client communications—and how can counsel keep work product shielded from disclosure?
Ronald S. Kravitz
Shepherd Finkelman Miller & Shah
With more than 25 years of experience as legal counsel in complex business litigation matters, Mr. Kravitz’... | Read More
With more than 25 years of experience as legal counsel in complex business litigation matters, Mr. Kravitz’ practice has been focused primarily on ERISA, employment, IP and securities-related matters. He has represented numerous fiduciaries, third-party plan administrators, broker-dealers, and registered representatives in connection with plan administration and investment matters. Mr. Kravitz is a current Co-Chair of the ABA Employee Benefits Committee Fiduciary Sub-Committee.Close
James P. McElligott
Mr. McElligott advises and defends private and publicly held corporations, public agencies, benefit plans and... | Read More
Mr. McElligott advises and defends private and publicly held corporations, public agencies, benefit plans and fiduciaries concerning employee benefits, executive compensation, and related labor and employment issues, including ERISA litigation, class actions, claims for employee benefits and executive compensation, breach of fiduciary duty, and multiemployer plans and withdrawal liability. He regularly publishes and lectures on employment, benefits and compensation issues.Close