It fails to address the most pressing financial regulatory concerns (Glass-Stegall), creates ineffective and burdensome new requirements for businesses (Consumer Protection Division), and fails to alter the basic incentives that encourage investment fraud and shortsighted thinking (Compensation based on annual returns.)
The crash was caused by govt trying to get people to buy houses that said people could not afford. There were tons of regulations aimed at that end and they all contributed. Yes, that includes CDOs.
Regulation is systemic risk.
And for those folks who think that "too big to fail" is a problem, what does "too big to fail" tell us about the Federal Reserve?
And for folks who think that incentives and "skin in the game" matter, what are regulators' incentives and what skin do they have in the game? Have any regulators lost their jobs over the financial crash? (The closest is Chris Dodd, but Barney Frank will be re-elected.)
I know I've seen a few good blog posts warning us that this is going to be a startup angel funding killer. I'm sure eventually the investment community will work around it, but short term this may be a real kick in the nuts to many startups looking for funding.
Would love to see some smart startup lawyers read through this bill and post some analysis. Any takers? Thanks in advance