The SEC’s Rulemaking Process: Long-Haul or Short-Cut?

January 24, 2022  |  New York Law Journal

SEC Chair Gary Gensler has set out an ambitious regulatory agenda, covering such issues as ESG and climate disclosures, crypto currency, SPACs, fund fees and expenses, and payment for order flow.  In my latest article for the New York Law Journal, “The SEC’s Rulemaking Process:  Long-Haul or Short-Cut?,” I discuss how that agenda may be affected by the technical – but very important – process of SEC rulemaking, which courts have found to require rigorous economic cost-benefit analysis.  Market participants and their counsel will be watching closely to see how the Commission seeks to implement its ambitious agenda and, at the same time, meet the exacting requirements of the rule-making process.

The SEC’s Rulemaking Process: Long-Haul or Short-Cut? (pdf | 231.31 KB)