Keeping Bank Examinations Confidential in Litigation

In a bank examination, regulators evaluate a financial institution’s compliance with applicable laws and regulations.  The process is generally non-public, and the bank examination privilege helps keep it confidential.  But questions have recently arisen about how the privilege is meant to work, and the answers to them may significantly affect financial institutions and their dealings with federal and state regulators.

In our new legal treatise, The Bank Examination Privilege, we offer a comprehensive overview of the bank examination privilege and its essential role in bank supervision.  As we point out, there are two key reasons why confidentiality is vital.  First, … Read more