Law Library

New ABA book offers overview of bank examination privilege and its role in supervision


To help lawyers navigate the complex area of banking law, the American Bar Association Business Law Section has published The Bank Examination Privilege: When Litigants Demand Confidentiality Reports, which offers a comprehensive overview of the bank examination privilege and its essential role in bank supervision.

The bank examination privilege applies to confidential communications between financial institutions and their federal and state regulators, such as formal bank audits. Recently, a number of significant cases involving regulated financial institutions have centered around the bank examination privilege. This guide provides key concepts and serves as a practical, user-friendly resource to understand the intricacies of this privilege. A comprehensive treatment on the subject, this resource includes:

- An overview of the bank examination privilege, including the definition, scope and limitations

- Statutes and regulations at both the federal and state levels

- The principles of sovereign immunity

- The nuts and bolts of bank examinations: what they are and who examines banks

- Practice tips that can help you successfully defend the bank examination privilege and litigate issues related to the privilege

An appendix that serves as a legal research guide setting forth citations to legal authorities that touch on different aspects of the privilege, including at the federal and

"The Bank Examination Privilege" is co-written by Eric Epstein, David A. Scheffel and Nicholas A.J. Vlietstra. Epstein is a partner at Dorsey & Whitney LLP, where he is a member of the firm's Securities & Financial Services Litigation & Enforcement Group and is also a lecturer in law at Columbia Law School. Scheffel is a partner at Dorsey & Whitney LLP, where he co-chairs the firm's Securities & Financial Services Litigation & Enforcement Group. Vlietstra is a partner at Dorsey & Whitney LLP, where he is a member of the firm's Finance & Restructuring Group and co-chairs the firm's Financial Services Regulatory Group.


New ABA book helps turn trial themes into visual images that impact juries


Studies show that visual perception and visual communication have a distinct impact in a jury setting. Appreciating how jury trials are fundamentally different from other communication settings is critical to the effective design of trial visuals.

"Images with Impact: Design and Use of Winning Trial Visuals," a new release from the American Bar Association, helps trial lawyers turn trial themes into effective visual images that juries are more likely to understand, believe and remember, which can contribute to winning the trial. Each chapter offers substantive ideas, design guidance and practical and legal tips for improving jury visuals. The book is for the working courtroom attorney. Covering the how's and the why's of effective courtroom graphics, this guide shows the practicalities of what jurors need to see as well as the design principles that keep that visual message impactful, persuasive and memorable.

"Images with Impact" is written by Kerri L. Ruttenberg, a trial lawyer based in Washington, D.C., and a partner in a top-tier global law firm. Ruttenberg centers her practice on white-collar and complex criminal defense and parallel civil enforcement actions. She has secured defense jury verdicts in cases involving securities fraud, conspiracy and False Claims Act violations to kidnapping, grand larceny and first-degree murder.

ABA releases new edition of Solo and Small Firm Legal Technology Guide

The American Bar Association's Law Practice Division has released the latest edition of "The 2017 Solo and Small Firm Legal Technology Guide," written to help lawyers find the best technology for their budget. The guide includes the most current information and recommendations on computers, servers, networking equipment, legal software, printers, security products, smartphones, tablets, and anything else a law office might need.

"The 2017 Solo and Small Firm Legal Technology Guide" will help lawyers make technology work for their unique needs. Topics include:

- Updated recommendations on hardware and software for PCs and Macs

- Securing your data (even from our own government)

- The latest in social media - from an acknowledged social media expert

- The evolving smartphone market, and which ones work best for lawyers

- The security issues and benefits of cloud computing

- Favorite utilities and apps for lawyers

- The direction of legal technology in 2017

About the authors: The guide is written by Fairfax, Va.-based Sensei Enterprises, Inc., executives Sharon D. Nelson, Esq., John W. Simek, and Michael C. Maschke. Nelson is president of Sensei Enterprises, a digital forensics, information technology and information security firm in Fairfax, Va. Simek is vice and has a national reputation as a digital forensics technologist and has testified as an expert witness throughout the United States. Maschke is CEO and a digital forensics examiner. He is a Certified Computer Examiner, an EnCase Certified forensic technologist, and a Certified Information Systems Security Professional.

Published: Tue, Feb 28, 2017