Starting Point: Large Scale Document Review and the Bank Examiner Privilege

November 15, 2012 Kim Culpepper

It’s not news to anyone that the financial services industry has faced a flood of litigation since the financial crisis. Accompanying this has been large-scale document review, and with it, the re-evaluation of certain privilege issues that arise during litigation and document discovery.

In his recent article in Corporate Counsel Connect, “A Practical Guide to the Bank Examiner Privilege,” Pangea3 Assistant Vice President, Litigation Solutions, Ashoke Prasad, takes on one of the privilege claims, looking at the implications of the Bank Examiner privilege in large-scale document review and contrasting it to the Attorney Client and Work Product privilege claims.

Ashoke expands greatly on two major points geared towards providing the starting point for approaching discovery planning when the Bank Examiner privilege may apply. First, “The Bank Examiner Privilege is claimed by the relevant Examiner/Regulator,” and second “Only the relevant Examiner/Regulator can waive the applicable privilege claim.”

Click here to read Ashoke’s full article for more information on the framework he proposes. In addition to managing complex Pangea3 document review services as part of litigation and regulatory investigations, many for financial services companies, Ashoke is admitted to practice in Illinois and has passed all four parts of the Uniform CPA (Certified Public Accountant) examination (licensing pending).

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