Sunday, November 3, 2013

Book Review: The New Financial Deal

Title: The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequences


Author: David A. Skeel

Publication Date: 12/07/2010

Publisher's Site            Amazon

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David Skeel’s The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequences provided a basic overview of the Dodd-Frank Act that lacked in-depth analysis and rigor. Skeel, a Professor of Corporate Law at Penn with an expertise in Bankruptcy and an extensive Curriculum Vitae promises to disseminate the Wall Street Reform and Consumer Protection Act in a meaningful way while also providing his suggestions to correct major flaws he sees within this piece of legislation. While both of these promises are kept, neither are done so in a manner that yield significant value to the reader.

Skeel begins with his own explanation of government intervention within the financial system ranging from the marriage between Bear Sterns and JP Morgan Chase, to the collapse of Lehman Brothers and the “bailouts” of American International Group (AIG), Chrysler and General Motors. This includes basic explanations of the events that occurred and his opinions on their flaws. A brief outline on the original drafters of the bill, including the involvement from Timothy Geithner, Henry Paulson, Ben Bernanke, and of course Christopher Dodd and Barney Frank, was also included.

After laying out the basic framework for the Dodd-Frank Act, Skeel then proceeds to break down the content into key regulatory reforms enacted under this law. This include the new derivative reforms, capital requirements, Consumer Protection Agency, new resolution tools at the FDIC’s disposal, and international regulations changes. Each of these topics were broken down into bite-sized sections that provide a basic overview of what the law will mean and its implementation.

Skeel also introduces his imaginary example bank referred to as Bank of the World, a massive would-wide financial conglomerate. He uses this example bank through multiple sections to demonstrate how the law would hypothetically impact the firm under a given set of circumstances, particularly the negative impact it may have.

Lastly, Skeel provides two chapters that give his opinion on changes that could be made to the existing law which, he claims, would have a profound impact on undoing a large part of the damage created by Dodd-Frank. This includes changes to treatments of derivatives under the current bankruptcy law and resolution constraints under the FDIC.

While the author did provide a basic overview of the Dodd-Frank Act, he failed to provide any deep explanations that yield useful understanding. This theme was kept constant through the book and was especially prominent in his chapters of proposed changes. I do understand that this piece of legislation is far too large to provide a full detailed explanation; however, I believe that the author failed to provide enough information to educate the reader in a manner that would allow a reasonable understanding of the topic. Through the text, the author makes clear that he believe much of the Dodd-Frank Act is harmful but yet fails give any more than a simple reasoning why. How can one be expected to agree with his point of view without being provided with a strong argument for the case? Being a former student and current professor of law, one would expect this to be common practice. If the author wants his readers to agree with his point-of-view, more emphasis should have been placed on explanations and understanding.

My particular area of concern was his proposed changes. I can confidently say that I do not have enough information to form an opinion on whether or not these changes would have any meaningful impact. The author does a great job at outlining what he proposes as changes, but fails miserably in providing any explanation of why these changes would prove to be positive. He simply provides a short explanation of how his hypothetical bank, Bank of the World, would be impacted differently under his changes versus the current law and how these would be positive. However, I do not believe that providing a simple one situational example can shed any real light on the impact of his proposed changes. I believe the author needs to revise this piece of work and provide a more rigors analysis of how his proposed changes would improve or fix the Dodd-Frank legislation.

On a bright note, I do believe the author used his extensive academic background that focuses on corporate law to provide useful insight into the benefits associated with bankruptcy. A great deal of reference was made to how current bankruptcy law could have resolved with many of the situations that Dodd-Frank is attempting to deal with. The author also indicates that he would like to see changes in the current law that provide preferential treatment to derivatives in bankruptcy proceedings. This was great insight from an individual with great expertise in this field.

In conclusion, David Skeel has created a great framework for what could have been a very informative book. I believe that the author would create a significantly stronger piece of writing by expanding on his current edition. While I do believe that I have gained a better understanding of the Dodd-Frank through reading this text, I would have liked to have gained a better understanding of the true implication of the law. While I am not overall satisfied with this book, due to its relatively short length and semi-useful information, I do recommend it as a read for anyone interested in the Dodd-Frank Act. 

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