More Privilege Articles


Southern District of Ohio Acknowledges the "Fiduciary Exception's" Applicability to ERISA Communications — With a Twist

Under what is called the "fiduciary exception," the law essentially deems a fiduciary's beneficiary to be the fiduciary’s lawyer’s actual "client." This normally enables the beneficiary to access communications between the fiduciary and her lawyer about fiduciary functions. Most "fiduciary exception" cases involve ERISA fiduciaries.

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Northern District of Texas Protects Communications With Former Employees

Lawyers representing corporations or other entities during investigations routinely interview former employees. Those intangible interviews and any resulting documentation presumably deserve work product protection if the entity reasonably anticipates litigation at the time. But what about the absolute attorney-client privilege?

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Another Court Finds Public Relations Consultants Outside Privilege Protection

One of the greatest risks to corporate clients' privilege protection is their executives' and even their lawyers' misunderstanding about the availability of privilege protection for communications with public relations consultants. A remarkable number of cases address this scenario, and almost without exception courts reject privilege protection for communications with, or shared with, such consultants.

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