The Basics of the Bank Examination Privilege – Video Presentation

The confidential stamped on the bank statement

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.

David Scheffel

David Scheffel

David has extensive experience in consumer financial services litigation and co-chairs Dorsey’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.

Eric Epstein

Eric Epstein

Eric has over 10 years of litigation experience. He has first-chaired trials in federal and state courts. Eric also serves as an adjunct instructor at Columbia University School of Law, where he teaches legal writing and oral advocacy.

Nicholas Vlietstra

Nicholas Vlietstra

Nick Vlietstra is a Partner in Dorsey’s Finance & Restructuring Group. Nick has expertise in consumer law and regulation, government investigations and inquiries, workplace investigations, and working with regulators, including the Federal Reserve, the OCC, and the CFPB. He also has extensive experience in advising banks and their executive management on a wide range of high-stakes and sensitive legal issues involving legal and reputational risk, complex litigation, and nuanced business and consumer disputes.

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