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June 25, 2010
Financial Industry Regulatory Reform Approved by Joint Congressional Conference Committee

Scott H. Moss, Esq., Elaine M. Hughes, Esq., and Cole Beaubouef, Esq.

DODD-FRANK BILL APPROVED BY CONGRESSIONAL COMMITTEE

This morning a joint conference committee of the House of Representatives and the Senate approved a comprehensive financial reform package (currently referred to as the Dodd-Frank bill). The joint conference committee had spent the past few weeks reconciling separate financial industry regulatory reform proposals passed by the House in December 2009 and the Senate in May of this year. Of particular importance among the items addressed by the Dodd-Frank bill are:

  • Financial stability and regulation of "too big to fail" institutions
  • Orderly liquidation procedures for troubled financial institutions
  • Regulation of over-the-counter derivatives
  • Mandatory registration with the SEC of certain investment advisers
  • Imposition of restrictions on banks regarding proprietary trading and investing in or sponsoring hedge funds and private equity funds (an amended version of the "Volcker Rule").

The Dodd-Frank bill will now be considered by both the House and the Senate, with votes expected next week.

OFFICIAL TEXT NOT YET RELEASED

The official text of the Dodd-Frank bill, as approved by the joint committee, has not yet been released. The Lowenstein Sandler Investment Management Group Client Alerts analyzing the prior House and Senate bills presented to the joint committee for reconciliation are available
here and here, respectively. Lowenstein Sandler’s Investment Management Group will continue to monitor closely the developments relating to this important legislation and provide you with detailed analysis of the Dodd-Frank bill upon release of the definitive text. In the interim, please contact any of the attorneys listed, or any other member of Lowenstein Sandler’s Investment Management Group, for further information on the matters discussed herein.


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Lowenstein Sandler makes no representation or warranty, express or implied, as to the completeness or accuracy of the Alert and assumes no responsibility to update the Alert based upon events subsequent to the date of its publication, such as new legislation, regulations and judicial decisions. Readers should consult legal counsel of their own choosing to discuss how these matters may relate to their individual circumstances.
 
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