The Fiduciary Exception to Attorney-Client Privilege and Ethical Issue that Arise in ERISA Litigation

Complimentary presentation from ACI’s 8th National Forum on ERISA Litigation. Highlights from this presentation: – Federal Circuit Courts of Appeal which have recognize the Fiduciary Exception – Advice regarding non-fiduciary matters – Breach of fiduciary duty – Watchter rationale – An exemplar of the inherent conflict – The D&O Wrinkle – The engagement letter and…

FCPA Enforcement’s Latin American Specialists

Guest entry by Matteson Ellis More than any other FCPA enforcement office in the United States, Miami’s DOJ and SEC teams have developed a specialization in Latin America. They work cases like Alcatel, Stryker, Ralph Lauren, and Direct Access Partners, each with an important Latin American component. They benefit from language capabilities in Spanish, Portuguese, and…

Clearing Out the Attic of My Mind: Notes From ACI's 8th National Forum on ERISA Litigation

by Stephen D. Rosenberg, originally published on http://www.bostonerisalaw.com/ With all due apologies to longtime Globe sports columnist Dan Shaugnessy, who would periodically “clean out his desk” by running a column of short bits he had collected, here’s a list, in no particular order, of interesting (to me, anyway) items I took away from ACI’s excellent 8th National Forum…