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Galainena, M. David
Jacobson, Ronald
Hardiman, Patrick
Mullins, Michael
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June 1, 2010
Risk Retention: Throwing the Baby Out with the Bath Water
M. David Galainena , Patrick M. Hardiman , Ronald H. Jacobson , Michael T. Mullins
Reprinted with permission from the June 2010 edition of the Law Journal Newsletters.

There is significant, ongoing debate in Congress, as well as among the financial industry’s regulators, as to the direction and scope of financial reform measures designed to address the problems that were perceived to be the cause of the current economic crisis. Some form of risk retention in any final legislation and rules is to be expected and perhaps is inevitable. But, it is important to understand at this still formative stage of the legislative process that the public outcry driving financial reform may unwittingly create risk retention levels in securitization transactions that will ultimately affect main street’s credit costs and severely limit access to credit.
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