Employment counsel representing banks in whistleblower retaliation and discrimination cases need to be fully familiar with federal and state banking laws concerning confidentiality and privilege, and that may limit bank clients from sharing certain information with third parties—including their own external counsel. A lack of familiarity with and understanding of these issues, which are top-of-mind to internal counsel at financial institutions, may put your client at legal jeopardy.

Banks and their holding companies are subject to the close oversight of a broad array of federal and state regulators. These entities include the Federal Reserve, the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the Consumer Financial Protection Bureau (CFPB). Moreover, state regulators, such as (in New York) the Department of Financial Services (DFS), will have concurrent jurisdiction over banks and branches of foreign banks, as well as other entities such as credit unions, charitable foundations, insurance companies, reinsurers, and many more.

Confidential Supervisory Information

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