What happens in Appeals Court may affect future Dodd-Frank rule writing

According to American Banker, The U. S. Court of Appeals for D.C. Circuit Court ruled July 22 that the Securities and Exchange Commission did not properly conduct a cost-benefit analysis before finalizing a proxy rule required by the regulatory reform law.

So what does this mean for all other agencies? Well, they could be next.

The decision serves as a stark warning for all federal regulators tasked with writing the myriad of regulations under Dodd-Frank, and gives the industry and others more leeway to challenge new rules in court.

“The entire Dodd-Frank implementation is at heavy risk because if any of these rules are challenged by the courts, they won’t survive,” said Hal Scott, Nomura Professor and Director of the Program on International Financial Systems at Harvard Law School.

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    1. [...] regulators are still feeling the fallout from the D.C. Circuit Court ruling from late last month, scrambling to bulletproof dozens of financial reforms. The ruling sent shivers down the spines of [...]


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