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.
- Eric Epstein, Partner
- David Scheffel, Partner
- Nicholas Vlietstra, Partner
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**NOTE: Watching this recording does not allow the user to obtain CLE, CPD, CPE or HR credits.