Defending and Managing ERISA Litigation

Description

Michael F. Tomasek, a Partner in the Firm's Corporate Practice Group, is a panelist at the American Conference Institute’s premier forum, Defending and Managing ERISA Litigation, to be held October 19-20, 2009, in New York City.   

Mr. Tomasek’s panel will present, “Overcoming the Vexing Ethical Issues that Arise Vis-à-vis the Attorney-Client Privilege and ERISA Litigation Practice.”  The panelists will cover the following topics: 

• The attorney-client privilege under attack?
• Who is the client in a given situation?
• Establishing the client relationship with the correct entities and then managing privilege.
• Educating your clients about their different hats.
• Maintaining documents in a way that preserves the privilege and/or is subject to work-product protection.
• How multiple representation is possible.
• Joint defense agreements where there are complications such as multiemployer plans (with trustees from separate sides), plans and sponsors being sued together, and separate plan committees.
• Addressing the growing line of cases that apply a "fiduciary exception" to the attorney-client privilege in matters of plan administration, including claims adjudication - avoiding having to produce otherwise privileged communications when a benefits dispute ends up in litigation.
• The latest on the fiduciary exception to the attorney-client privilege - Trouble in the air?