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In a recent Law360 article, Sutherland Partner Steuart H.Thomsen comments on the Ninth Circuit’s decision that attorney-client privilege doesn’t apply to communications between an insurer acting as an Employee Retirement Income Security Act fiduciary and its counsel before a claims decision is made. In the article, Steuart predicts that the issue will continue to be contested in other circuits because the Ninth Circuit did not specifically address the rationales of the Third Circuit, which previously ruled that the attorney-client privilege does apply.
To read the article in full, click here.