News & Analysis as of

Office of the Comptroller of the Currency Attorney-Client Privilege

McGlinchey Stafford

Are Financial Institutions’ Consultants and Vendors Compromising Their Privileges?

McGlinchey Stafford on

A recent decision from the United States District Court for the Eastern District of Texas should trigger alarm bells for financial institutions’ in-house counsel. The court held that the bank involved had waived any privilege...more

Farella Braun + Martel LLP

What’s Privilege Got to Do With It? Practical Tips for Managing Bank Regulators Access to Attorney-Client Privileged Information

The attorney-client privilege, which prohibits the compelled disclosure of confidential communications between an attorney and their client, is enshrined in common law and statutory codes across the country. See, e.g., Cal....more

WilmerHale

Banking Regulators' Examination Authority Does Not Override Attorney-Client Privilege

WilmerHale on

Notwithstanding the venerable status of the attorney client privilege and the important purposes it serves, the federal banking regulators and the Consumer Financial Protection Bureau have taken the position that they have...more

Proskauer - Whistleblower Defense

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

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