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U.S. v. Mett, No. 97-10504 (9th Cir.) (178 F.3d 1058) (June 1, 1999) (Judge Betty Binns Fletcher)

This case is noted for its extensive discussion of the "fiduciary exception" to the attorney client privilege which, in the ERISA context, provides that an employer/fiduciary is disabled from asserting the privilege against plan beneficiaries.

The Court explained: "The fiduciary exception is rooted in two distinct rationales. See generally Rust ...

 

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