Fiduciary Exception News Today

Pryor Cashman Partner David Rose, a member of the firm's Executive Committee, a member of the Litigation, Media + Entertainment, and Sports Groups, and co-chair...

New York Supreme Court: Under the fiduciary exception, a shareholder or member can obtain the company’s otherwise-privileged information by satisfying a fact-intensive, multi-factor analysis that good cause exists to disregard the attorney-client privilege.

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...

Attorney-client privilege is recognized in ERISA matters, however, it is modified by the fiduciary exception. Most communications between fund counsel and a fund are directed to a plan administrator with rarely any communication directed to participants and/or beneficiaries.

Attorney-client privilege is recognized in ERISA matters, however, it is modified by the fiduciary exception. Most communications between fund counsel and a fund are directed to a plan administrator with rarely any communication directed to participants and/or beneficiaries.

A Court ordered defendants in ERISA fiduciary breach case to produce communications with counsel, rejecting the argument that communications occurred in the context of attorneys advising a 401k plan’s sponsor and fiduciaries as to fiduciary liabilities. In re GE ERISA Litig.