In ESOP Dispute, Court Orders Disclosure of Communications Involving Independent Financial Advisor

BVLaw
Court Case Digests
February 1, 2019
7361 Employment Agencies
561311 Employment Placement Agencies
discovery
breach of fiduciary duty, trustee, overpayment, employee stock ownership plan (ESOP), attorney-client privilege

Acosta v. Wilmington Trust, N.A.
2019 U.S. Dist. LEXIS 16632; 2019 WL 416329
US
Federal Court
New York
United States District Court
N/A (plaintiff); N/A (defendants)
Fox

Summary

In ESOP discovery dispute, court orders disclosure of documents involving company’s independent financial advisor; there is no attorney-client privilege where parties’ engagement agreement expressly designated advisor as an “independent contractor with no fiduciary or agency to the Company.”

See Also

Acosta v. Wilmington Trust, N.A. (HCMC)

In ESOP discovery dispute, court orders disclosure of documents involving company’s independent financial advisor; there is no attorney-client privilege where parties’ engagement agreement expressly designated advisor as an “independent contractor with no fiduciary or agency to the Company.”