The Bank Examination Privilege: When Litigants Demand Confidential Regulatory Reports

The bank examination privilege is the privilege that applies to confidential communications between financial institutions and their federal and state regulators, such as formal bank audits. Recently, a number of significant cases involving regulated financial institutions have centered around the bank examination privilege. To help you navigate through this complex area of the law, The Bank Examination Privilege provides you with the key concepts and serves as a practical, user-friendly resource to understand the intricacies of this privilege.

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The bank examination privilege is the privilege that applies to confidential communications between financial institutions and their federal and state regulators, such as formal bank audits. Recently, a number of significant cases involving regulated financial institutions have centered around the bank examination privilege. To help you navigate through this complex area of the law, The Bank Examination Privilege provides you with the key concepts and serves as a practical, user-friendly resource to understand the intricacies of this privilege. A comprehensive treatment on the subject, this reference provides you with:

  • An overview of the bank examination privilege, including the definition, scope, and limitations
  • Statutes and regulations at both the federal and state levels
  • The principles of sovereign immunity
  • The nuts and bolts of bank examinations: what they are and who examines banks
  • Practice tips that can help you successfully defend the bank examination privilege and litigate issues related to the privilege
  • And much more!

This valuable resource includes an appendix that is intended as a legal research guide for practitioners that sets forth citations to legal authorities that touch on different aspects of the privilege, including at the federal and state level.

 

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