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Donald Trump, Dodd-Frank, and Whistleblowers

Qualified/Selective Representation

Today's New York Times discussed how a President Trump might approach "the unwinding of Dodd-Frank." Somewhat surprisingly, the article concluded that Trump would probably not dismember the law. It suggested that repealing Dodd-Frank would not "gain much traction" in Congress, and that many banks, for example, "admit they have spent so much time and money complying with the law, they would rather keep it."

Likewise, writing in the Nov. 9 Dealbook section of the Times, white collar professor and writer Peter Henning, in an article titled "How Trump's Presidency Will Change the Justice Dept. and the SEC", observed, regarding the FCPA that: 

"The benefit of how the foreign bribery cases are pursued is that the cost is borne by the private sector. Although prosecutors proclaim they do not necessarily accept the findings of the law firms hired to ferret out misconduct inside a company, there have been few cases in which the government committed significant resources to investigate on its own. It is unlikely that Mr. Trump would want to be seen as going soft on corruption after some of his rhetoric during the campaign, so the Foreign Corrupt Practices Act is likely to remain a featured player in white-collar enforcement." That is clearly good news for whistleblowers.