"The Dodd-Frank Act: Commentary"

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DC Circuit Rules That CFPB Single-Director Structure Is Unconstitutional

November 2016 | Inside the Courts

PHH Corp. v. Consumer Fin. Prot. Bureau, No. 15-1177 (D.C. Cir. Oct. 11, 2016) A split panel of the D.C. Circuit held that the Consumer Financial Protection Bureau (CFPB) is unconstitutionally structured. PHH, a mortgage lender, appealed a $109 million disgorgement order by the CFPB sanctioning PHH...

Inside the Courts: An Update from Skadden Securities Litigators

November 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 4), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between August and October 2016. The cases address developing trends...

Looking Ahead: The U.S. Legal and Regulatory Environment Under a Trump Administration

November 14, 2016 | Skadden, Arps, Slate, Meagher & Flom LLP

Election Day brought an end to a long period of uncertainty that caused market fluctuations and delayed business planning decisions. As we navigate the post-election landscape, many questions remain regarding the potential policy direction of a Trump administration, including policies that could...

CFTC Proposes Rules to Count Cross-Border Swaps for Swap-Dealer Thresholds and Other Requirements

October 21, 2016 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Shekida A. Smith, Daniel B. O'Connell

The CFTC’s newly proposed rules on cross-border transactions address which swap activities affect swap-dealer thresholds and trigger transaction-level swap requirements. These are the latest in a series of CFTC rulemakings, orders and guidance on cross-border issues arising from the...

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, 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

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

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...

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...

Skadden's 2016 Insights

January 2016 | Skadden's 2016 Insights

In today’s legal and business climate, strategic direction has never been more important. The current environment creates opportunities, while new regulations and more aggressive global enforcement present challenges that must be overcome. Our take on the critical legal issues in the year...

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