(news article) Factbox: Five endangered Dodd-Frank rules

August 4, 2011

The recent defeat of the SEC's proxy access rule in a federal appeals court could embolden industry groups to mount similar legal challenges to other rules required by the Dodd-Frank financial oversight law. Many of the comment letters to federal regulators, as well as congressional testimony, appear to be laying the groundwork for possible lawsuits.

Much of the language used hints at challenges to federal rulemaking procedures, particularly flaws in economic analysis or a failure to properly review all of the public comments. Of the five rules that the article mentions may be vulnerable, the CFTC has three listed: position limits, capital and margin for uncleared swaps, and real-time reporting of swap trades.

Cross References

Dodd-Frank Act, Title VII, CEA Sec. 15(a); Office of the Inspector General, A Review Of Cost-Benefit Analyses Performed by the Commodity Futures Trading Commission in Connection with Rulemakings Undertaken Pursuant to the Dodd-Frank Act, http://www.cftc.gov/ucm/groups/public/@aboutcftc/documents/file/oig_inv…