Asserting Bank Examination Privilege in Litigation
Determining the Legal Basis and Working With Regulators to Assert and Defend the Privilege
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will provide bank counsel with a thorough understanding of the bank examination privilege, including the legal basis for the privilege, how to exercise the privilege in federal litigation, and the documents and communications covered. The panel will also discuss best practices for applying the privilege and its use in discovery request responses.
- Bank supervision: the Office of the Comptroller of the Currency, the Federal Reserve and the FDIC
- Bank examinations: information obtained
- Bank examination privilege: statutory basis, who has the privilege, where available
- Application to examination records, documents and communications
- Requesting assertion of privilege by bank regulators
- Defending the privilege
- Asserting the privilege in state court and in responding to discovery requests
The panel will review these and other critical issues:
- What is the bank examination privilege and who can exercise it?
- How can the bank examination privilege serve as an essential tool in litigation?
- What kinds of examination records are covered by the exemption?
- When do state law privilege rules apply and to what result?
Pillsbury Winthrop Shaw Pittman
Mr. Epstein focuses his practice on the representation of U.S. and international financial institutions in litigation... | Read More
Mr. Epstein focuses his practice on the representation of U.S. and international financial institutions in litigation and regulatory matters. He is the lead author of a legal treatise, The Bank Examination Privilege (American Bar Association 2017) which explains the federal and state laws that shield confidential Reports of Examination (ROEs) and related communications. He also serves as an adjunct instructor at Columbia University School of Law, where he teaches legal writing and oral advocacy.Close
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