Ethics Challenges for ERISA Counsel: Representing Multiple Clients and Fiduciary Exception to Attorney-Client Privilege

Navigating Real World Hypothetical Scenarios Presenting Legal Ethics Issues and Potential Solutions

A live 90-minute CLE webinar with interactive Q&A


Tuesday, June 27, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 2, 2017


This CLE webinar will examine key ethical issues that face ERISA practitioners such as the representation of multiple clients and the ERISA fiduciary exception to attorney-client privilege, including a discussion of the recent Durand v. Hanover Ins. Grp. ruling. The program will consider the policy implications for fiduciaries and beneficiaries of broadening the fiduciary exception to the attorney client privilege. The program will present several hypothetical scenarios that counsel often face with respect to conflicts with multiple representation, changes in the scope and type of representation, and recent regulatory changes.

Description

Multiple representation, including of an organization and a constituent, is often proper. However, multiple representation may be problematic if representation would be materially limited by the lawyer’s responsibilities to another client. Model Rule 1.7 provides guidance to counsel as to when multiple representation is permitted.

Courts and ERISA plan fiduciaries and beneficiaries continue to grapple over the critical issue of whether a fiduciary exception applies to privileged communications between fiduciaries of ERISA-governed plans and their or the plan’s legal counsel.

Fiduciaries and counsel must recognize which communications qualify for the attorney-client privilege and which must be shared with plan participants. Whether the fiduciary exception applies is based on the content, timing and the reason for the communication, making it a complex determination.

Listen as our authoritative panel of ERISA attorneys walks you through ethics challenges facing ERISA practitioners. The panel will discuss ethics issues arising from the representation of multiple clients and the ERISA fiduciary exception to attorney-client privilege, including a discussion of the recent Durand v. Hanover Ins. Grp. ruling. The panel will present real world hypotheticals with respect to conflicts with multiple representation, changes in the scope and type of representation, and recent regulatory changes.

Outline

  1. Representation of multiple clients
    1. Taking inconsistent positions in other cases on the same issues
    2. Model Rule 1.7
    3. Steelworkers Pension Trust v. Renco Grp.
    4. N.Y. State Bar Ass’n Op. 1070
  2. Attorney-client privilege and the fiduciary exception
    1. Who is the “client” entitled to privilege?
    2. What communications are privileged?
    3. Fiduciary exception
    4. Application of the fiduciary exception to the work product doctrine
    5. Durand v. Hanover Ins. Grp.
  3. Real world hypotheticals: identifying ethical issues and potential solutions

Benefits

The panel will review these and other key questions:

  • When may counsel be disqualified for taking inconsistent positions in other cases on the same issues?
  • What functions of a fiduciary allow the fiduciary to assert attorney-client privilege?
  • What steps can fiduciaries take to protect communications with counsel?

Faculty

J. S. (Chris) Christie, Jr., Partner
Bradley Arant Boult Cummings, Birmingham, Ala.

Mr. Christie represents fiduciaries, plans, and insurers in ERISA and other employee benefits litigation, as well as represents healthcare providers and managed care organizations. He has handled numerous class actions, False Claims Act cases, multi-district litigation cases, and other complex litigation. Many of his cases have involved financial, valuation or statistical experts. He also advises clients on matters related to COBRA, HIPAA and other similar laws. He serves as leader of the Firm’s Insurance Practice Group, is a member of the Employee Benefits and Executive Compensation, Litigation, and Healthcare Practice Groups.

Tybe Ann Brett, Of Counsel
Feinstein Doyle Payne Kravec, Pittsburgh

Ms. Brett concentrates her practice on labor and employee benefits cases. She has successfully advanced the claims of individual ERISA litigants in a number of cases. She authored a number of articles on class actions and on ERISA issues.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 06/02/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
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Registration Plus Recorded Event

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Live Webinar & Webinar Download $344.00

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Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 06/02/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 06/02/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
June 2, 2017
(7 days)

or call 1-800-926-7926

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Ethics Credits

An excellent opportunity to earn ETHICS CLE credits in states where webinars are accredited.  Note: Strafford cannot guarantee that Virginia will approve ethics credits for this event.

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CLE Credits By State

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Customer Reviews

The seminar was understandable, fluid and thorough for the topics covered.

Susan L. Dolin, Esq.

Susan L. Dolin

Great overall summary of ERISA issues.

Shannon Awsumb

Anthony Ostlund Baer & Louwagie

I appreciated the practical solutions to common problems.

Patricia Killian

McCarter & English

Strafford's on-line session was easy to attend and the topic was timely.

Jessica Lermond

Chartis Claims

I appreciated that the seminar’s comprehensive coverage was targeted to those not already expert in this area of law.

Patricia Chapman

Gleaves Swearingen

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Nancy Morrison O'Connor

Partner

Bracewell & Giuliani

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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