"Stephan v. Unum" ERISA "Ninth Circuit" Unum Fiduciary "attorney-client privilege" "independent counsel" "fiduciary exception" "company officers"

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Tidal Wave! Landslide! Look out below!

Pick out the metaphor of your choice, because Unum just got taken out behind the woodshed by the Ninth Circuit and spanked hard. Frankly, the Ninth Circuit’s opinion is a rout in favor of the participant, and participants in general. In many ways, the case presented a perfect storm…