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A Novel Approach To Defining "Whistleblower" In Dodd-Frank, Ian A. Engoron
A Novel Approach To Defining "Whistleblower" In Dodd-Frank, Ian A. Engoron
Fordham Journal of Corporate & Financial Law
Following the Financial Crisis of 2008, trust in the financial industry was at an all-time low as the American taxpayer was forced to bailout the very same institutions responsible for their suffering. In response, Congress passed Dodd-Frank in 2010 to ensure another crisis like 2008 never happen again. Section 78u-6 of the Act provides incentives and protections for whistleblowers who report violations of securities laws. In recent years there has been a divide among circuit courts over the question of whether employees who report violations internally to their bosses—and not directly to the SEC—are protected by the Act. Currently, the …
The Costs Of Bailouts In The 2007-08 Financial Crisis, Xiaoxi Liu
The Costs Of Bailouts In The 2007-08 Financial Crisis, Xiaoxi Liu
Fordham Journal of Corporate & Financial Law
The 2007-08 bailout programs were initially created under the emergent situation of financial crisis. Despite their effectiveness in stopping the collapse of financial system, those bailouts have been criticized as ill-planned governmental intervention. Nonetheless, based on the calculation of both the dollar amount of return and the rate of return of each program, this Comment argues that the bailouts are in fact good investments. Furthermore, since Dodd-Frank was invented with the primary purpose of curtailing future bailouts, this Comment also argues that Dodd-Frank reflected an unwise, overhasty decision by Congress.
Regulating A Revolution: From Regulatory Sandboxes To Smart Regulation, Dirk A. Zetzsche, Ross P. Buckley, Janos N. Barberis, Douglas W. Arner
Regulating A Revolution: From Regulatory Sandboxes To Smart Regulation, Dirk A. Zetzsche, Ross P. Buckley, Janos N. Barberis, Douglas W. Arner
Fordham Journal of Corporate & Financial Law
Prior to the global financial crisis, financial innovation was viewed very positively, resulting in a laissez-faire, deregulatory approach to financial regulation. Since the crisis the regulatory pendulum has swung to the other extreme. Post-crisis regulation, plus rapid technological change, have spurred the development of financial technology (FinTech). FinTech firms and data-driven financial service providers profoundly challenge the current regulatory paradigm. Financial regulators increasingly seek to balance the traditional regulatory objectives of financial stability and consumer protection with promoting growth and innovation. The resulting regulatory innovations include RegTech, regulatory sandboxes, and special charters. This Article analyzes possible new regulatory approaches, ranging …