News & Analysis as of

Orderly Liquidation Authority

U.S. Treasury Department Report on Core Principles for Regulating the United States Financial System

by Morrison & Foerster LLP on

As required by the President’s Executive Order 13772 setting forth the core principles that should be taken into account in connection with the regulation of the U.S. financial system, the U.S. Treasury Department published a...more

Dodd-Frank Re-Write—the House of Representatives Edition

The House has approved major changes to signature aspects of Dodd-Frank. While those changes are unlikely to survive intact, they are certainly worthy of close attention. We’ve studied the nearly 600-page bill so you don’t...more

House Financial Services Committee Holds Hearing on the Financial CHOICE Act of 2017

by Morrison & Foerster LLP on

On April 26, 2017, the Financial Services Committee of the U.S. House of Representatives held a hearing entitled "A Legislative Proposal to Create Hope and Opportunity for Investors, Consumers, and Entrepreneurs." The purpose...more

Casting the Net Wider to Address "Too Big to Fail" - The ISDA 2015 Universal Resolution Stay Protocol

by White & Case LLP on

21 major global banks signed the ISDA 2015 Universal Resolution Stay Protocol at launch. Pursuant to the ISDA 2015 Universal Resolution Stay Protocol, these banks have agreed to suspend their termination rights in relation to...more

"Lawmakers and Regulators Continue Focus on Strategies for Resolving SIFIs"

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 contains two sets of provisions for managing the insolvency of financial institutions. First, the legislation creates an Orderly Liquidation Authority...more

FDIC Board Releases Single Point of Entry Resolution Strategy for Public Comment

by Shearman & Sterling LLP on

On December 18, 2013, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) published a widely anticipated notice in the Federal Register (the “Notice”) setting forth the FDIC’s single point of entry...more

Financial Services Policy Forum: Dodd-Frank's Implementation and the Future of GSEs

by King & Spalding on

On Dodd-Frank's third anniversary, it is appropriate to ask if it has all been worth it. Well, I guess it depends on who you ask. If you ask Dodd or Frank, the answer would be yes. If you ask all of the newly hired...more

The District Court’s ruling in State National Bank of Big Spring v. Lew

by Ballard Spahr LLP on

When the State National Bank of Big Spring case challenging the constitutionality of several titles of the Dodd-Frank Wall Street Reform & Consumer Protection Act (“Dodd-Frank”) was originally filed in June 2012, I...more

FDIC Final Rule on Orderly Liquidity Authority

On June 4, the FDIC adopted a final rule which establishes the criteria for determining if a company is engaged in “activities that are financial in natural or incidental thereto” for purposes of being subject to the orderly...more

Now the Fun Begins: FSOC Proposes the First Three Nonbank SIFIs

by Morrison & Foerster LLP on

In a June 3, 2013 closed-door meeting, the Financial Stability Oversight Council (“FSOC”) voted to propose the designation of three financial services companies — American International Group (“AIG”), Prudential Financial and...more

Too Big To Fail in the Dodd-Frank Era

by Bloomberg Law on

May 31 (Bloomberg) -- Davis Polk Partner Randall Guynn speaks with Bloomberg Law's Lee Pacchia about how Dodd-Frank's orderly liquidation authority (OLA) gives lawmakers better choices when faced with the failure of complex...more

Financial Services Legislative And Regulatory Update -- February 18‚ 2013

In This Issue: Leading the Past Week; Legislative Branch; Executive Branch; and Upcoming Hearings. Excerpt from Leading the Past Week - President Obama touched on both new and old initiatives in his State of...more

Dodd-Frank, Title II: Where the FDIC and the “Orderly Liquidation Authority” Meet the Bankruptcy Code

by Morrison & Foerster LLP on

The FDIC is currently responding to one of the worst financial crises in the history of the nation’s banking system. Sheila Bair, Chairman of the FDIC, expects that 2010 “will be the high water mark for the banking crisis.”1...more

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