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Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 9
Public Policy behind Sec. 619 The public policy behind the Volcker Rule is fairly apparent. As the Chairman of the Federal Reserve from 1979-87, Paul Volcker (and the rule that bears his name) seeks a nostalgic return to a time when he was directing US monetary...
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 8
Legislative Intent and History Behind Section 619 Section 619(b) declares that no later than six months after the enactment of this section, the Financial Stability Oversight Council (“FSOC”) shall study and make recommendations on implementing the provisions of this...
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 7
Plain Meaning of Sec. 619(d)(4) Among the numerous exceptions to the Volcker Rule’s restriction on investments with hedge funds or private equity funds is the “de minimis investment” exception. Originally derived from the latin de minimus non curat lex, which...
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 6
Topic III: Sec. 619(d)(4). De Minimis Exception To the Volcker Rule Plain Meaning Of The Rule To Which A De Minimis Investment Is Excepted Among the most expansive and controversial sections of the Dodd-Frank Act is section 619, also known as “The Volcker Rule”....
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 5
Legislative Intent And Section 342 The social aims of section 342 were heavily advocated by US Representative Maxine Waters.. There is no question that the goals of the OMWI are noble and should be lauded; and diversity in the workplace is shown to foster an...
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 4
TOPIC II: Section 342. New offices of minority and women inclusion Plain Meaning Of Section 342 Section 342 of Dodd-Frank creates a new Office of Minority and Women Inclusion (OMWI) at 20 different federal agencies. Section 342(a)(1)(A) broadly proclaims that as of...
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 3
Part 3 Public Policy & Section 953 While, on its face, this section may seem to add a noble measure of transparency to a corporate world filled with executive excess and greed, in actuality, this measure is misplaced and ineffective. In order for the enhanced...
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 2
Part 2 Legislative Intent Behind Section 953 This Act is not the first time Congress has attempted to address matters of executive compensation. As recently as 2002, Congress passed Public Law Number 106-204 resulting in the enactment of the Sarbanes-Oxley Act (“Sox”...
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Part 1
Introduction: In 2011, Ryan Hemphill wrote a comprehensive analysis of the then-recently passed Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The following is Ryan Hemphill’s analysis of three distinct sections of the Act. The specific sections...
The Unpatriotic Duty of Loyalty: Part XV
While it is apparent that the maximum condition of the duty of loyalty exists in the context of a properly thorough analysis such as this one, the resolution of our foregoing hypothetical illustrates that, in its current state, it may not be sufficient to exercise the...