"The Dodd-Frank Act: Commentary"

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Prudential Regulators Extend Swaps Clearing Exemptions and Exceptions to Non-Cleared Swap Margin Requirements

August 9, 2016 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, W. Graham McCall, Shekida A. Smith

On August 2, 2016, federal banking regulators (Prudential Regulators)1 adopted a final rule (PR Margin Exemptions)2 implementing exemptions from the Prudential Regulators’ impending initial and variation margin requirements for non-cleared3 swaps (PR Margin Requirements).4 The PR Margin...

Recent Bills to Amend Dodd-Frank Preview Coming Attractions in Post-Election Congress

July 28, 2016 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Rachel Kaplan Reicher, Theodore M. Kneller, Trevor A. Levine, W. Graham McCall

Recently introduced legislation suggests that Republicans and Democrats in post-election Congress will be looking in very different directions on how to amend the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). On June 7, 2016, U.S. Rep. Jeb Hensarling, R-Texas, unveiled a...

Corporations Turn to Synthetic PPAs to Reduce Energy Costs, Carbon Footprints

June 28, 2016 | Skadden, Arps, Slate, Meagher & Flom LLP | Lance T. Brasher, Nike O. Opadiran

Synthetic power purchase agreements (PPAs) for renewable energy have emerged in recent years as a promising opportunity for corporations to reduce and stabilize their long-term energy costs and advance their sustainability commitments, including by reducing their carbon footprints. In 2015,...

Inside the Courts: An Update from Skadden Securities Litigators

May 2016 | Skadden, Arps, Slate, Meagher & Flom LLP | Jay B. Kasner, Edward B. Micheletti, Peter B. Morrison, Amy S. Park, Peter Simshauser, Charles F. (Chuck) Smith, and other members of the Securities Litigation Group

We are pleased to present Inside the Courts (Volume 8, Issue 2), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between January and March 2016. The cases address developing federal...

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,...

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...

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