Dodd-Frank Rulemaking and Public Comments: The Role of Economic Analysis
23 September 2010
Hosted By: NERA Economic Consulting
The federal rulemaking process resulting from the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act is likely to be highly contentious. For potentially affected businesses or other parties, engaging in the rulemaking process through public comment is now the means to have an impact on the new regulatory regime.
Because DC Circuit judges have recently sent several rules back to the SEC for reconsideration due to perceived weaknesses in the application of economic analysis (NetCoalition v. SEC (2010); Am. Equity Investment Life Co. v. SEC (2009); and Chamber of Commerce of US v. SEC (2005)), regulators are likely to pay increased attention to economic considerations in promulgating rules under Dodd-Frank. Public comments will carry more weight if they include meaningful economic analysis and urge the regulator to weigh these economic considerations in its rulemaking.
The purpose of this seminar was to hear from a panel of experts about how to effectively participate in the federal rulemaking process. Panelists included:
- Kathleen Casey, Commissioner, Securities and Exchange Commission
- James Overdahl, Industry Affiliate, NERA Economic Consulting
- Eugene Scalia, Partner, Gibson Dunn & Crutcher LLP
To contact us about this event, please click here.