(Re)Regulating Financial Services: How Laws May Work in Practice

Michael Wager J.D. – Squire, Sanders and Dempsey

Friday November 4, 2011
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library
Case Western Reserve University

Dear Colleagues:

In response to the financial collapse, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Now nearly 200 proposals and rules have to be written by various federal agencies in order to implement the Acthttp://www.stlouisfed.org/regreformrules/

That’s a lot of new regulation, and it is causing predictable controversy. http://www.thefiscaltimes.com/Articles/2011/10/18/Bernanke-Hangs-Tough-on-Financial-Reform.aspx#page1 Conservatives claim it will cripple the economy. Liberals scoff and say the major risk comes from the law being too weak. Both sides may expect too much from the regulatory process.

The state of financial services regulation before 2010 – for better or worse – is frequently associated with the deregulation movement of previous decades, and especially with the Gramm-Leach-Bliley Act of 1999, which repealed the New Deal-era Glass-Steagall Act. Yet “deregulation” was only part of the story. Much of the rise of unregulated financial services occurred not because old laws were repealed, but because they were evaded. The process dates at least back to Merrill Lynch’s creation of its Cash Management Accounts in 1977, which allowed it to offer bank-type products without being a bank.

In short, clever lawyers and entrepreneurs can do all sorts of things to create unexpected effects of regulations. What, then, might happen to the regulations currently being drafted – and why? Michael Wager will join us to offer a highly experienced practitioner’s view of what we should look for as regulations are adopted and the regulated respond in practice.

Very best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies

About Our Guest…

Michael Wager focuses his practice on the representation of private and publicly held entities in mergers and acquisitions, corporate finance, corporate governance and strategic growth initiatives. He has particular expertise and experience in representing companies and investors in change-of-control transactions. Michael has served as counsel and adviser to, and director of, several private and public companies. He is currently a director of Michael Anthony Holdings, Inc. (holding company with real estate assets in the United States and Latin America). In 1994 Michael earned the designation of “Dealmaker” from The American Lawyer magazine.

Michael is active in several civic and philanthropic organizations. He currently serves on the Board of the Clean Ohio Council, a U.S. $400 million brownfield revitalization program. He is the immediate past chair of the board of the Cleveland-Cuyahoga County Port Authority. Michael also has served as chair of the selection committee for the American Marshall Memorial Fellowship (an affiliate of the German Marshall Fund) and as a member of the boards of the Northeast Ohio Development Fund, National Leadership Council of University Hospitals Ireland Cancer Center, Cuyahoga County Renewable Energy Task Force, Jewish Community Federation of Cleveland and the Gateway Economic Development Corporation of Greater Cleveland (owner of Progressive Field and Quicken Loans Arena). He has also been a member of the Cleveland Foundation’s Task Force on Economic Development and the Mayor’s Convention Center Task Force.

Michael has also served as the chair of a Cleveland-based private equity firm. He frequently speaks on matters involving capital formation, securities regulation, change-of-control transactions and infrastructure finance and development.

Where We Meet

This year the Friday Public Affairs Lunch will convene each Friday when classes are in session in the Dampeer Room of Kelvin Smith Library from 12:30 pm to 1:30 pm. The Dampeer Room is on the second floor of the library. If you get off the elevators, turn right, pass the first bank of tables, and turn right again.

Parking Possibilities

The most convenient parking is the lot underneath Severance Hall. We regret that it is not free. From that lot there is an elevator up to street level (labeled as for the Thwing Center); it is less than 50 yards from that exit to the library entrance. There is also on-street parking on both East Drive and Bellflower. Both are fairly short walks from the library.

Friday Lunch Upcoming Topics and Speakers:

November 11: How are Successful Companies and Successful Universities Alike?  Richard E. Boyatzis, Distinguished University Professor and H. R. Horvitz Chair of Family Business, Departments of Organizational Behavior, Psychology, and Cognitive Science.

November 18: Wikipedia in the University.  Peter Shulman, Assistant Professor of History.

November 25: No Session – Thanksgiving Break

December 2: University Circle Update. Steven Litt, Architecture Critic, Cleveland Plain Dealer

December 9: Outsourcing and Offshoring Legal Services.  Cassandra Burke Robertson, Associate Professor of Law