Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin and Associate Greer Clem co-authored an article published by Corporate Counsel covering the crime-fraud exception to attorney-client privilege. The authors summarized, "An important and long-standing exception to the attorney-client privilege, the crime-fraud exception, bears examination in the post-Dobbs world. The crime-fraud exception divests attorney-client privilege of confidentiality when a lawyer’s advice facilitates a client’s crime...The crime-fraud exception to attorney-client privilege therefore merits attention for counsel, who should consider the potential areas of risk and some mechanisms to protect the confidentiality of these communications."

In previous posts (available here and here) we reported on some of the legal consequences from Dobbs v. Jackson Women’s Health Organization on employer-sponsored group health plan coverage of abortion-related travel benefits. In this post, Mintz attorneys Alden Bianchi, Greer Clem, and Jen Rubin address the larger concern related to the legality of these benefits in the face of a burgeoning number of states seeking to extend their extra-territorial reach to bar or even criminalize individuals who provide abortion-related travel.