Bank Examination Privilege in Litigation: Understanding the Nuances, Best Practices for Asserting the Privilege

A live 90-minute CLE webinar with interactive Q&A


Tuesday, June 13, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 26, 2017


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.

Description

Bank examinations are integral to the government’s supervision of the banking industry. Bank examinations are generally non-public and examination records are not shared beyond the regulator and the bank. However, when a bank is involved in a lawsuit, keeping such records confidential can be difficult. An opposing party may seek copies of such records in the hope of using them as evidence at trial.

The bank examination privilege is a federal rule that shields examination records in federal (and some state) litigation. The privilege belongs to regulators, not banks, so banks must work with regulators to assert and defend the privilege, and there are a number of nuances to exercising the privilege that counsel should know when representing a financial institution in a lawsuit.

Many of the legal precedents regarding the bank examination privilege involve three federal regulators—the Office of the Comptroller of the Currency, the Federal Reserve and the FDIC—but it is not necessarily limited to those agencies. Counsel should determine how the privilege may be asserted by each regulator, as well as the documents, reports and oral communications to which it applies.

Listen as our authoritative panel examines all aspects of the bank examination privilege, including the nature of the privilege, the documents and communications it covers, and the regulators for which it is available. The panel will also discuss best practices for exercising the privilege, when state privilege rules may apply, and when it may be used in response to FOIA requests.

Outline

  1. Bank supervision—the Office of the Comptroller of the Currency, the Federal Reserve and the FDIC
  2. Bank examinations—information obtained
  3. Bank examination privilege—statutory basis, who has the privilege, where available
    1. Application to examination records, documents and communications
    2. Requesting assertion of privilege by bank regulators
    3. Defending the privilege
    4. Asserting the privilege in state court and in responding to discovery requests

Benefits

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?

Faculty

Eric Epstein, Partner
Dorsey & Whitney, New York

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.

David A. Scheffel, Partner
Dorsey & Whitney, New York

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. 


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 05/26/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?

Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?

DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 05/26/17)

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 05/26/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 05/26/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 05/26/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
May 26, 2017
(about 2 hours)

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

This seminar provided a nice overview of the business environment.

Michael Petronio

Willkie Farr & Gallagher

It was clear that each speaker had an enormous amount of knowledge about the subject matter.

Robson Bassett

BuckleySandler

The webinar content was excellent.
 

Mary Alice Busby

Mette, Evans & Woodside

The webinar was direct and practical and oriented toward problem-solving.

Sandor Mayuga

Keesal Young & Logan

Strafford’s program held my attention and addressed a relevant topic in a concise clear way.

Lynn Mistretta

Marcus Clegg & Mistretta

Portland, ME

or call 1-800-926-7926

Banking & Finance Law Advisory Board

Irving C. Apar

Partner

Thompson Hine

Mark N. Berman

Partner

Nixon Peabody

Willa Cohen Bruckner

Partner

Alston & Bird

Lawrence Kaplan

Of Counsel

Paul Hastings

Kevin Petrasic

Partner

Paul Hastings

Laura D. Richman

Counsel

Mayer Brown

Robert M. Stern

Partner

Orrick Herrington & Sutcliffe

Andrew Stutzman

Partner

Stradley Ronon Stevens & Young

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.