Bank Examination Privilege in Litigation: Understanding the Nuances, Best Practices for Asserting the Privilege
Recording of a 90-minute CLE webinar with 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 it may be exercised in federal litigation, and the documents and communications covered. The panel will also discuss best practices for exercising the privilege, and when it may used in response to discovery requests.
- 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 key issues:
- What is the bank examination privilege, and who can exercise it?
- How can the bank examination privilege serve as an important tool in litigation?
- What kinds of examination records are covered by the exemption?
- When do state law privilege rules apply, and to what result?
Dorsey & Whitney
Mr. Epstein focuses his practice on commercial litigation. He is the lead author of a legal treatise, The Bank... | Read More
Mr. Epstein focuses his practice on commercial litigation. 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
David A. Scheffel
Dorsey & Whitney
Mr. Scheffel has extensive experience in consumer financial services litigation and co-chairs the Firm’s... | Read More
Mr. Scheffel has extensive experience in consumer financial services litigation and co-chairs the Firm’s Consumer Financial Services practice. He defends financial institutions against individual and class action claims alleging discrimination, predatory lending, violations of the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Housing Act, the Equal Credit Opportunity Act, and disputes between lenders and securitization trusts. He has extensive experience in commercial litigation involving corporate disputes for breach of fiduciary duty, breach of contract, tortious interference with contract, and misappropriation of trade secrets.Close