"The Dodd-Frank Act: Commentary"

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Despite Challenges, Risk Retention Rules Set to Impact All Asset-Backed Securities by End of 2016

April 26, 2016 | Skadden, Arps, Slate, Meagher & Flom LLP | Andrew M. Faulkner

Credit risk retention rules are intended to promote an alignment of interests between sponsors and investors of securitizations by requiring sponsors to maintain “skin in the game” — that is, retain a certain percentage of the credit risk of the securitized assets. On December 24,...

Insights: April 2016

April 2016 | Skadden, Arps, Slate, Meagher & Flom LLP

Insights: Current Issue Insights Conversations: Debunking CFIUS Myths The Committee on Foreign Investment in the United States is a critical component of cross-border deals involving U.S. targets. The head of Skadden's CFIUS practice, Ivan Schlager, and Palo Alto corporate partner Ken King...

CFTC Staff Provides Foreign Intermediary Registration Relief for Foreign Customers' Uncleared Swaps

February 16, 2016 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, W. Graham McCall

The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission (CFTC) has issued no-action relief from the requirement to register as an introducing broker (IB), commodity trading advisor (CTA) and commodity pool operator (CPO) for foreign persons that...

Basel III Leverage Ratio Could Undermine Efforts to Address Systemic Risk in Derivatives Markets

January 2016 | Skadden's 2016 Insights - Financial Regulation | Mark D. Young, Rachel Kaplan Reicher, Prashina J. Gagoomal, Elizabeth A. Mastrogiacomo

Following the 2008 financial crisis, regulators across the globe have pondered how to ameliorate systemic risk in derivatives markets. At the 2009 G-20 summit, international regulators committed to address this risk through clearing and capital requirements for market participants. The...

2016 Insights: Capital Markets

January 2016 | Skadden's 2016 Insights - Capital Markets

SEC Rulemaking Update: A Year of Changes, With More to Come Last year, the SEC made major progress in completing its rulemaking mandates under the JOBS Act and the Dodd-Frank Act. The agency has further changes on the horizon in 2016 with the arrival of two new SEC commissioners and the election of...

2016 Insights: Governance

January 2016 | Skadden's 2016 Insights - Governance

US Corporate Governance: Have We Crossed the Rubicon? As debate continues as to whether the shift from a board-centric corporate governance model to a shareholder-centric model will damage U.S. companies' growth, boards of directors must assess how to navigate their companies through this...

CFPB Pursues Aggressive Enforcement Agenda and Arbitration Restrictions

January 2016 | Skadden's 2016 Insights - Financial Regulation | Joseph L. Barloon, Anand S. Raman, Austin K. Brown, Darren M. Welch, Neepa K. Mehta

In 2015, the Consumer Financial Protection Bureau (CFPB) continued to aggressively enforce federal consumer protection laws across a broad spectrum of consumer financial products and services. Additionally, the CFPB took a significant step toward proposing a ban on arbitration clauses that would...

CFTC Aims to Lower the Bar on Proving Manipulation in Pending Cases

January 2016 | Skadden's 2016 Insights - Financial Regulation | Mark D. Young, Maureen A. Donley, Gary A. Rubin, Chad E. Silverman, Theodore M. Kneller

In two separate Commodity Futures Trading Commission (CFTC) enforcement actions before district courts in New York and Chicago, the CFTC has asked each court to adopt holdings that would significantly enhance the CFTC’s ability to win price-manipulation cases by diminishing the elements it...

Banking Regulators Increasingly Assert Jurisdiction Beyond Financial Institutions

January 2016 | Skadden's 2016 Insights - Financial Regulation | Joseph L. Barloon, Brian D. Christiansen, Stuart D. Levi

Federal and state banking regulators have broad and largely discretionary supervisory and enforcement powers over the financial institutions they regulate, which include banks and their affiliates. Key regulators in this area include the Board of Governors of the Federal Reserve System, the Federal...

SEC Rulemaking Update: A Year of Changes, With More to Come

January 2016 | Skadden's 2016 Insights - Capital Markets | Brian V. Breheny, Stacy J. Kanter, Kathleen A. Negri, Michael Ju

Last year, the Securities and Exchange Commission (SEC) made major progress in completing its rulemaking mandates under the Jumpstart Our Business Startups Act (JOBS Act) and the Dodd-Frank Act. Additionally, Congress enacted the Fixing America’s Surface Transportation Act (FAST Act), which...

SEC Moves to Complete Final Rules for Executive Compensation Disclosures

January 2016 | Skadden's 2016 Insights - Governance | Brian V. Breheny, Michael Ju

Public companies should start preparing for the new executive compensation disclosures mandated by the Dodd-Frank Act as the Securities and Exchange Commission (SEC) moves to complete these rulemakings in the next year. The requirements could impose significant disclosure burdens on companies and...

Majority of Say-on-Golden-Parachute Votes Receive Shareholder Support

January 2016 | Skadden's 2016 Insights - Governance | Neil M. Leff, Kristin M. Davis

Pursuant to the Dodd-Frank Act, Securities and Exchange Commission rules require companies seeking shareholder approval of a merger or acquisition to also hold a separate shareholder advisory vote on disclosed golden-parachute compensation arrangements of its named executive officers. In 2015, 66...

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