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Regulatory Reform – News and Resources

See also Financial Crisis - News and Resources

Dodd-Frank Act User Guides
Summaries of Legislation
Summary of Initial White Paper Proposals
Presentations
Financial Institutions and Regulatory Reform
Tax
Employee and Executive Compensation
Derivatives Regulation
Regulatory Developments in Europe
Securities Markets
- Short Selling Reform
- Credit Rating Agency Reform
Insurance Regulation
Money Market Funds
Regulation of Private Funds
Consumer Financial Products
Links to Other Legal and Government Resources

Dodd-Frank Act Wall Street Reform and Consumer Protection Act
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A Short Summary of the Dodd-Frank Act

Dodd-Frank Act Milestones

Dodd-Frank Act User Guides

Summaries of Legislation

Summary of Initial White Paper Proposals

Presentations

Financial Institutions and Regulatory Reform

Client Alerts and Articles

8/31/2010 Dodd-Frank, Title II: Where the FDIC and the “Orderly Liquidation Authority” Meet the Bankruptcy Code
8/31/2010 Final Rule Governing Loan Originator Compensation Practices
8/23/2010 Final Rule for Disclosure Relating to the Acquisition of Legal Title to a Mortgage Loan
8/20/2010 New Interim Rule Requiring Disclosure of Interest Rate and Payment Summary for Mortgage Transactions
8/18/2010 Federal Reserve Proposal for Mandatory Escrow Accounts
7/21/2010 Dodd-Frank Act Securitization Reform; New SEC ABS Office
7/19/2010 A Fiduciary Duty for Broker-Dealers? How Dodd-Frank May Change the Way Broker-Dealers Conduct Business
6/29/2010 Conference Committee Securitization Reform
6/28/2010 More on Regulatory Reform
6/25/2010 Reconciliation: A Summary Scorecard on Regulatory Reform (Part II)
6/24/2010 Reconciliation: A Summary Scorecard on Regulatory Reform (Part I)
5/14/2010 FDIC Issues Notice of Proposed Rulemaking on Securitization Safe Harbor; Seeks Comments on Securitization Reforms
5/3/2010 New Q&As on the Statement of Policy on Qualifications for Failed Bank Acquisitions, April 23, 2010
4/20/2010 Historic Changes Proposed for ABS Offering Rules
4/2010 International Briefings: Proprietary Trading by Anna Pinedo and James Tanenbaum
First published in International Financial Law Review. Used by permission.
3/19/2010 FDIC Extends Securitization Safe Harbor Yet Again; Gains More Time to Further Consider Securitization Reforms
3/18/2010 Proposed Securitization Reforms Under the Revised Financial Reform Bill in the U.S. Senate
3/15/2010 SEC Approves Money Market Fund Reform to Better Protect Investors
3/5/2010 Treasury Provides More Details on the Volcker Rule
2/5/2010 SEC Proposes Rule Regarding Risk Management Controls for Broker-Dealers with Market Access
2/2/2010 More, More, More: A Summary of the Basel Proposals
1/25/2010 Banking Agencies Issue Final Regulatory Capital Rule Related to FAS 166 167
12/18/2009 FDIC Issues Advance Notice of Proposed Rulemaking on Securitization Safe Harbor; Seeks Comments on Securitization Reforms
12/11/2009 Update: House Passes Securitization Reform
11/18/2009 FDIC Extends Securitization Safe Harbor and Portends Further Securitization Reforms
11/16/2009 SEC Proposes Regulation of Dark Pools
11/13/2009 What Counts? An Update on the Debate Concerning Regulatory Capital
11/12/2009 The Latest Proposals for Securitization Reform
9/18/2009 Federal Reserve Issues Policy on Consumer Compliance Supervision for Nonbank Subsidiaries of Bank Holding Companies and Foreign Banking Organizations
9/4/2009 Enhanced Supervisory Procedures for Newly-Insured FDIC-Supervised Institutions
8/2009 Newton's Third Law and the White Paper by Anna Pinedo
First published in Electronic Banking Law and Commerce Report July/August 2009. Used by permission.
8/31/2009 FDIC Final Statement of Policy on Qualifications for Failed Bank Acquisitions
8/03/2009 Summer Reading: White Paper Related Regulatory Reforms
7/7/2009 FDIC Issues Proposed Guidelines Restricting Private Equity Investments in Failed Banks
7/5/2009 Proposed Interagency Guidance on Funding and Liquidity Risk Management
6/18/2009 Newton's Third Law and the White Paper
3/9/2009 "Good Bank-Bad Bank" for Insurance Companies: Is MBIA Just CIGNA Redux, Plus CDSs?
2/18/2009 Good Bank-Bad Bank: A Clean Break and a Fresh Start
9/23/2008 Federal Reserve Board Liberalizes Rules for Investments in Banks
9/2008 Danger and Opportunity: Morrison & Foerster sees opportunities in distressed financial institutions for private equity investors (Institutional Investor News: Global Private Equity and M&A Legal Guide)

Tax

Client Alerts

7/16/2010 MoFo Tax Talk, Volume 3, Issue 2
4/2/2010 MoFo Tax Talk, Volume 3, Issue 1
3/22/2010 FATCA Provisions Enacted Into Law
12/31/2009 MoFo Tax Talk, Volume 2, Issue 4
10/2/2009 MoFo Tax Talk, Volume 2, Issue 3
6/17/2009 MoFo Tax Talk, Volume 2, Issue 2
3/10/2009 MoFo Tax Talk, Volume 2, Issue 1
3/9/2009 Stop Tax Haven Abuse Act: An Attempt to Close Down Dividend “Washing” has New Life with a New Congress and New Administration
2/19/2009 Temporary Deferral of Cancellation-of-Indebtedness Income Under the Recovery and Reinvestment Act of 2009
2/17/2009 Tax Provisions of the Stimulus Bill
12/19/2008 MoFo Tax Talk Volume 1, Issue 4
11/25/2008 TARP’s Term Asset-Backed Securities Loan Facility: Can Wall Street Help Main Street?
10/20/2008 New Tax Rules Re Certain Investment Fund Managers’ Deferred Compensation
10/3/2008 Bailout Bill Tax Provisions - An Executive Summary
10/3/2008 Summary of Cleantech Provisions in the Bailout Bill
10/3/2008 Economic Stabilization Act: Employee Benefits and Executive Compensation
10/2/2008 Notice 2008-83: The IRS Offers Reassurance to Troubled Banks
9/30/2008 MoFo Tax Talk Volume 1, Issue 3
6/2008 Tales from the Credit Crunch: Selected Issues in the Taxation of Financial Instruments and Pooled Investment Vehicles by Thomas A. Humphreys
First published in Journal of Taxation of Financial Products by CCH June 2008.
Click here to visit the CCH website.

Employee and Executive Compensation

Client Alerts

Derivatives Regulation

Client Alerts and Articles

6/29/2010 Structured Thoughts: News for the financial services community
3/26/2010 SEC Staff to Evaluate Use of Derivatives by Funds
7/2009 The Standard-Bearer by Anna Pinedo and James Tanenbaum
First published in Financier Worldwide July 2009. Used by permission.
6/2009 Credit Derivatives: Recent Regulatory Developments in the United States by David Kaufman and David Trapani
First published in Futures & Derivatives Law Report June 2009. Used by permission.
4/20/2009 Credit Derivatives: Recent Regulatory Developments

Regulatory Developments in Europe

Client Alerts and Articles

8/25/2010 Super-Absorbent Bank Regulatory Capital
8/6/2010 A Little Bit Less and a Bit Longer: Update on Basel Capital and Liquidity Reforms
7/7/2010 CEBS Guidelines for Equity Capital Requirements of Financial Institutions
6/21/2010 A Step Forward or Backward? FSA to be Broken Up
2/10/2010 Structured Thoughts: Structured Products Regulatory Developments: an update on the EU actions on PRIPs
12/29/2009 The Will to Live: Recovery and Resolution Plans for UK Banks
12/15/2009 New UK Bank Levy on Employee Bonuses
7/9/2009 UK White Paper on Reforming Financial Markets

Securities Markets

Short Selling Reform

6/18/2010 European Commission Public Consultation on Short Selling
6/2/2010 CESR Releases Technical Details of the Pan-European Short Selling Disclosure Regime
5/10/2010 Proposed UK Short Selling Rules
4/2010 The Long and Short of It by Peter Green and Jeremy Jennings-Mares
First published in International Financial Law Review. Used by permission.
3/9/2010 CESR Proposals for a Pan-European Short Selling Regime
2/24/2010 The Alternative Uptick Rule
7/29/2009 Interim Temporary Rule 204T is No Longer Temporary
3/16/2009 The Fed/Treasury gave us TARP – How will the SEC Protect the Market from Exposure to Naked Short Sales and other Abusive Transactions?
2/13/2009 UK’s FSA Proposes a ‘Permanent’ Extension of the Disclosure Rules for all Short-Sellers
1/7/2009 Update on UK’s Short-Selling Measures: FSA Proposes to End the Ban but to Extend the Disclosure Regime
1/1/2009 "The Short Story" by Anna Pinedo and James Tanenbaum
First published in Financier Worldwide January 2009. Used by permission.
11/2008 Securities Markets: Short Selling Under Fire by David Kaufman and Anna Pinedo
First published in INSIGHTS November 2008. Used by permission.
10/1/2008 Update Regarding UK's Short-Selling Prohibition
9/29/2008 SEC Clarifies Short Sale Restrictions and Related Disclosure Requirements
9/21/2008 New Restrictions on Short Sales; Disclosure Requirements for Short Sales and Positions; and Relaxed Issuer Repurchase Requirements
9/19/2008 UK's New Short-Selling Prohibition
9/17/2008 SEC Takes Emergency Action on Shorting; South Dakota Short Selling Ballot Initiative
7/30/2008 A Short Summary of Short Selling Regulations

Credit Rating Agency Reform

5/26/2010 CESR Consultations on the EU CRA Regulation
4/7/2010 An Update on Regulations Affecting Credit Rating Agencies
10/12/2009 SEC Proposes New Credit Rating Disclosure Requirements for Issuers
4/28/2009 The EU Rating Agency Regulation
2/4/2009 SEC Adopts and Proposes Reforms Relating to Credit Ratings Agencies
12/4/2008 SEC’s New and Proposed Credit Rating Agency Rules
8/5/2008 SEC Proposals for Credit Rating Agency Reform: Potential Impact on the Asset-backed Markets

Insurance Regulation

Client Alerts

Money Market Funds

Clients Alerts

Regulation of Private Funds
Client Alerts and Articles

7/19/2010 Changes in Registration and Reporting Requirements for Private Funds under the Investment Advisers Act of 1940 in the Dodd-Frank Act
6/14/2010 An Examination of the Private Equity Proposals in the Senate Reform Bill by Kenneth Muller and Seth Chertok
Reproduced with permission from Securities Regulation & Law Report.
2/25/2010 Structured Thoughts: Update on the Proposed AIFM Directive
6/19/2009 White House Proposal Calls for Increased Regulation of Private Investment Funds in Broad Attempt to Restore Confidence in Integrity of Financial System
2/10/2009 Regulating Private Funds and Their Investment Advisers: A Summary of Recently Proposed Legislation

Related Resources

Consumer Financial Products

Client Alerts

Links to Other Legal and Government Resources

Systemic Risk and Banking Reform

Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

Q&As on Policy Statement for Failed Bank Acquisitions (updated April 23, 2010)

Governor Daniel K. Tarullo's (member of the Board of Governors of the Federal Reserve System) speech on "Cross-Border Insolvency Issues" at the Institute of International Bankers Conference (November 10, 2009)

FDIC's financial institution letter (FIL-62-2009) on "Determining Conformance with Interest Rate Restrictions for Less Than Well Capitalized Institutions" (November 3, 2009)

Principles for Reforming the U.S. and International Regulatory Capital Framework for Banking Firms (September 3, 2009)

White Paper: Financial Regulatory Reform

Fact Sheet: Requiring Strong Supervision And Appropriate Regulation Of All Financial Firms

Fact Sheet: Strengthening Regulation Of Core Markets And Market Infrastructure

Fact Sheet: Providing The Government With Tools To Effectively Manage Failing Institutions

Fact Sheet: Improving International Regulatory Standards And Cooperation

Congressional Oversight Panel on Regulatory Reform

GAO Report: A Framework for Crafting and Assessing Proposals to Modernize the Outdated U.S. Financial Regulatory System (January 2009)

Treasury Report: Blueprint for a Modernized Financial Regulatory Structure (March 2008)

UK Resources
2010 HM Treasury Budget (June 22, 2010)

HM Treasury document on Bank Levy (June 22, 2010)

Joint Statement by French, UK & German Governments on Bank Levies (June 22, 2010)

The Future of Banking Commission (June 13, 2010)

UK Corporate Governance Code (June 2010)

Financial Services Act 2010 (June 2010)

The Conservative-LibDem Coalition Agreement (May 2010)

FSA Consultation Paper (CP10/11): Implementing Aspects of the Financial Services Act 2010 (April 26, 2010)

Finance Act 2010 (April 2010)

(Draft) Executives' Remuneration Reports Regulations 2010 (March 2010)

"Living Wills: How Can the Concept be Implemented?," Speech by Thomas F. Huertas, FSA Director of Banking Sector (February 12, 2010)

Senior Management Arrangements, Systems & Controls (Remuneration Code) Instrument 2009

Walker Review: A review of corporate governance in UK banks and other financial industry entities. Final Recommendations (26 November 2009)

FSA Policy Statement: Reforming Remuneration Practices in Financial Services (August 2009)

Turner Review: A regulatory response to the global banking crisis (18 March 2009)

Banking Act 2009 (February 2009)

Consumer Protection
Financial Services Committee Approves Investor Protection Act (November 4, 2009)

Financial Reform Drafts on Investor Protection, Private Advisor Registration, and Federal Insurance (October 1, 2009)

Discussion Draft of the Consumer Financial Protection Agency Act (September 25, 2009)

Proposed Investor Protection Act of 2009

Proposed Consumer Financial Protection Agency Act of 2009

Fact Sheet: Strengthening Consumer Protection

White Paper: Financial Regulatory Reform

Securities
FASB's Accounting Standards Update for Certain Investment Funds (February 2010)

Treasury Announces Expiration of Guarantee Program for Money Market Funds (September 18, 2009)

Credit Rating Agency Reforms Proposed by Administration (July 21, 2009)

Credit Rating Agency Reforms Proposed Legislative Language (July 21, 2009)

White Paper: Financial Regulatory Reform

Report of the Money Market Working Group

SEC's 21st Century Disclosure Initiative January 2009 Report

SEC Report to Congress on Mark-to-Market Accounting (December 2008)

FASB Issues Staff Position EITF 99-20-1, Amendments to the Impairment Guidance of EITF Issue No. 99-20

SEC Office of the Chief Accountant and FASB Staff Clarifications on Fair Value Accounting

SEC's Credit Rating Agencies Examination July 2008 Report

Derivatives
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

SEC and CFTC Joint Report on Regulatory Harmonization

White Paper: Financial Regulatory Reform

Securitization

Conference Committee Bill - Subtitle D of Title IX (June 26, 2010)

SEC's Regulation AB Proposed Rule

House Counter Counteroffer to Subtitle D of Title IX (June 23, 2010)

Senate Counteroffer to Subtitle D of Title IX (June 22, 2010)

House Proposed Amendment to Subtitle D of Title IX (June 20, 2010)

FDIC Securitization Draft Final Rule (March 2010)

FDIC Securitization Rule Advance Notice of Proposed Rulemaking (March 2010)

White Paper: Financial Regulatory Reform

Executive Compensation
Subtitle E of Dodd-Frank Act: Accountability and Executive Compensation

Joint Banking Agency Guidance on Sound Incentive Compensation Policies

The Special Master for TARP Executive Compensation Issues First Rulings (October 22, 2009)

Cuomo Report on Executive Compensation (July 30, 2009)

White Paper: Financial Regulatory Reform

Other Regulatory Reform Resources
Secretary of the Treasury Geithner Written Testimony before the Congressional Oversight Panel (September 10, 2009)

FDIC Deposit Insurance Regulations Final Rule

Proposed Office of National Insurance Act

Proposed Improvements to the Federal Trade Commission Act

White Paper: Financial Regulatory Reform

Homeowner Affordability and Stability Plan Executive Summary

Congressional Oversight Panel on Regulatory Reform

GAO Report: A Framework for Crafting and Assessing Proposals to Modernize the Outdated U.S. Financial Regulatory System (January 2009)

Treasury Report: Blueprint for a Modernized Financial Regulatory Structure (March 2008)