Anything You Say Can and Will Be Used: Why Process and Privilege Matter in a Crisis

In moments of urgency, the instinct to act quickly is natural—and often necessary. But for regulated financial institutions, the decisions made in the early hours and days of a risk event can have consequences long after the immediate crisis has passed. Investor inquiries, regulatory examinations, enforcement actions, litigation, and internal investigations all share a common reality: what is said, written, and done under pressure is frequently scrutinized later, often in hindsight and often... By: Seward & Kissel LLP