Law Commons^™

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

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.

Dodd-Frank And The Spoofing Prohibition In Commodities Markets, Meric Sar

Fordham Journal of Corporate & Financial Law

The Dodd-Frank Act amended the Commodity Exchange Act and adopted an explicit prohibition regarding activity commonly known as spoofing in commodities markets. This Note argues that the spoofing prohibition is a necessary step towards improved market discipline and price integrity in the relevant commodities markets. It fills an important gap in the CEA in relation to an elusive form of price manipulation activity by providing an explicit statutory authority on which regulators and market operators may rely in policing suspect trading strategies falling under the spoofing umbrella.

Congress’ explicit denouncement of spoofing as an illegal act has ramifications not only …

A Regulatory Retreat: Energy Market Exemption From Private Anti-Manipulation Actions Under The Commodity Exchange Act, Meric Sar

Fordham Journal of Corporate & Financial Law

In order to facilitate greater reform in energy markets, Dodd-Frank granted the CFTC wide-ranging powers as part of the greater mandate given to the CFTC in relation to OTC-swaps and the daily derivatives trading activity in commodities futures and options markets. As a result, Dodd-Frank subjected electricity market transactions—which traditionally occur under the oversight of the Federal Energy Regulatory Commission in markets organized around independent system operators and regional transmission organizations—to the anti-manipulation prohibitions of the Commodity Exchange Act. Thus, differently from FERC’s regime, the post-Dodd-Frank statutory framework opened the way for enforcement of market discipline in electricity markets through …