By Roy Girasa (auth.)
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Whether or not the Volcker Rule would have prevented the loss remains questionable. Most commentators believe that the Sarbanes-Oxley Act and its regulatory framework did improve investors’ safeguards substantially and made the chief ofﬁcers of public companies much more compliant concerning the ﬁnances of the ﬁrms. The Dodd-Frank Act, with its thousands of pages of rules and regulations, most of which are still being prepared, is far more controversial. 8 A commissioner of the SEC, Roel C. S. K.
The debate centers on whether a “rules-based approach” or a “principles-based approach” to regulation best meets the needs of investors and other stakeholders. It appears that the Wall Street Overview of the Law of Finance ● 17 debacle of 2007–2009 and its earlier dot-com predecessor have caused the United States to expand its rules-based approach. A “rules-based approach” is one in which laws and regulations are very detailed, offering bright lines for affected parties to follow. A person seeking to know which path to follow need only refer to the speciﬁc rules and regulations of the regulatory authority to ascertain how to proceed.
That potential expense is obvious enough in the present case: plaintiffs represent a putative class of at least 90 percent of all subscribers to local telephone or high-speed Internet service in the continental United States, in an action against America’s largest telecommunications ﬁrms (with many thousands of employees generating reams and gigabytes of business records) for unspeciﬁed (if any) instances of antitrust violations that allegedly occurred over a period of seven years.