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Abstract: 

Banks often receive discovery requests or third-party subpoenas seeking production of information subject to privileges uniquely applicable in the banking industry and which the bank has no power to waive. The author discusses the scope, rationale, ownership, and response to abusive requests for the bank examination privilege, the SAR privilege, and the non- US bank secrecy privileges. He includes practice tips on spotting and dealing with abusive requests. * This article available for download for journal subscribers only; no pay-per-article option is available.

Keywords: bank examination privilege; bank examiner privilege; confidential supervisory information; abusive discovery requests; SAR confidentiality; SAR privilege; Non-US bank secrecy; bank secrecy privilege

Affiliations:  1: Mayer Brown LLP.