Category: Dodd-Frank Anniversary

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The Swaps Pushout Rule: Much Ado About the Wrong Thing?

Added by 6 months ago

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John Crawford and Tim Karpoff: A notably bitter battle over financial reform in the wake of the crisis of 2008 has centered on the Swap Pushout Rule: a Dodd-Frank mandate that federally insured depository institutions—i.e., banks—refrain from entering into certain derivatives contracts. After several of the largest U.S. financial institutions successfully lobbied to roll back the Rule, the rollback inspired intense criticism, but the critiques have not accurately reflected what is really at stake for the banks or the public. While the Rule was sold as an anti-bailout measure, this Article argues that the Rule would have been ineffective as a means of preventing further bailouts of systematically important bank holding companies. The Article further argues that the primary reason systematically important bank holding companies care about the Rule is that it costs more to fund these swaps if they are booked at a different legal entity, such as a broker-dealer, rather than at a bank.

Dodd-Frank, Compensation Ratios, and the Expanding Role of Shareholders in the Governance Process

Added by 4 years ago

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J. Robert Brown, Jr.: The Dodd-Frank Act sought to correct some of the abuses believed to have contributed to the financial crisis of 2008-2009.  Executive compensation was one of them...

Dodd-Frank and the Future of Financial Regulation

Added by 4 years ago

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Edward F. Greene: Dodd-Frank represents the most sweeping changes to the financial regulatory environment in the United States since the Great Depression. While its enactment was important, the Act is seriously flawed...

The Crystallization of Hedge-Fund Regulation

Added by 4 years ago

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Jeff Schwartz: Eleven months after Dodd-Frank was signed into law, the SEC issued final rules pertaining to Title IV of the Act, which calls for the registration of advisers to hedge funds...

A Consultant’s View of Dodd-Frank

Added by 4 years ago

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David Mader: The Dodd-Frank Wall Street Reform and Consumer Protection Act is ambitious and complex legislation designed to significantly transform the way the financial system operates...

The SEC’s New Dodd-Frank Advisers Act Rulemaking: An Analysis of the SEC’s Implementation of Title IV of the Dodd-Frank Act

Added by 4 years ago

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Kenneth W. Muller, Jay G. Baris, and Seth Chertok: The Title IV of the Dodd-Frank Act substantially changes the registration regime under the Investment Advisers Act...

Dodd-Frank at One Year: Growing Pains

Added by 4 years ago

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J.C. Boggs, Melissa Foxman, and Kathleen Nahill: In the year since Dodd-Frank was enacted, Republicans have launched countless attacks against it, claiming that it is too costly and unnecessarily increases the size of government...

Regulating Payday Loans: Why This Should Make the CFPB’S Short List

Added by 4 years ago

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Nathalie Martin: While the CFPB has been controversial with politicians, its approval rating is high among every-day Americans...

The SEC’s Whistleblower Program: What the SEC Has Learned from the False Claims Act about Avoiding Whistleblower Abuses

Added by 4 years ago

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Douglas W. Baruch and Nancy N. Barr: The Dodd-Frank Act’s sweeping overhaul of the financial system now requires the SEC to pay substantial monetary awards to whistleblowers who disclose wrongdoing...

Debit Interchange Regulation: Another Battle or the End of the War?

Added by 4 years ago

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Stacie E. McGinn and Mark Chorazak: Still reeling from the financial crisis and preoccupied with defending innumerable other measures in the Dodd-Frank Act, retail bankers big and small watched...

Straight Talk from a Practitioner: Notes from Under the Wall

Added by 4 years ago

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Steven Lofchie and Theresa Perkins: As a financial regulatory lawyer, I am accustomed to being cautious in my pronouncements. Equivocal and timid. When clients ask me for hard advice...

Dodd-Frank Act Has its First Birthday, But Derivatives End Users Have Little Cause to Celebrate

Added by 4 years ago

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Michael Sackheim and Elizabeth M. Schubert: A year has passed since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”)...

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