In the current banking environment, where private civil litigation is frequently brought simultaneously with, or very closely following, regulatory investigations and enforcement actions, it is crucial for banks to know whether and how communications with federal and state regulators may be used against them in parallel or subsequent proceedings.
The article will discuss the nature of the bank examination privilege generally, who holds and who may invoke the privilege, the scope of the privilege, how to respond to document requests that seek privileged information, and how the privilege has been challenged and defenses to challenge.
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