The Basics of the Bank Examination Privilege – Video Presentation
On September 15, 2016, Dorsey partners David A. Scheffel, Eric Epstein, and Nicholas A. J. Vlietstra of Dorsey’s Consumer Financial Services Practice Group gave a presentation on the bank examination privilege.
The bank examination privilege shields from discovery various documents and communications related to confidential regulatory examinations of banks and other financial institutions. In banking cases, litigants often dispute the application of this qualified privilege and seek to penetrate the confidential relationship between the examiner and the bank in order to access bank examination materials and the potential goldmine of information that those materials might contain. Accordingly, the privilege can be a crucial issue in banking litigation as well as from a regulatory perspective.
The panel discussed the nature, elements, and scope of the bank examination privilege as well as numerous issues that surround the privilege’s application, including choice of law issues, waiver, and practice tips regarding the privilege’s preservation and assertion.
The video of the presentation can be viewed by clicking here.