Writings by Dan Brecher

Dan Brecher's experience ranges from general counsel of New York Stock Exchange and NASD/FINRA member brokerage firms to representation of companies in hundreds of public and private securities offerings and advising institutional and high net worth investors.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Dodd-Frank Act Still Evolving

The Wall Street Reform and Consumer Protection Act, more commonly referred to as the Dodd-Frank Act, is now four years old, and like many youth, it remains to be seen as to what will be when it reaches its full growth. Dodd-Frank was passed in 2010 in response to the 2008 financial crisis. The Act […]

Author: Dan Brecher

July 9, 2014

Securities and Finance

Will There be a New Loophole For Insider Trading?

Insider trading laws may soon undergo changes that will allow creative professionals to avoid liability, even if they are caught. A three-judge panel of the U.S. Court of Appeals for the Second Circuit recently heard arguments on whether to reverse the convictions of two hedge fund managers. Todd Newman, a portfolio manager at Diamondback Capital […]

Author: Dan Brecher

July 8, 2014

Will NY Business Litigation Enjoy Life in the Fast Lane?

Business lawsuits can take months and sometimes years to litigate. While the legal process unfolds, companies lose both time and money. To alleviate the economic burden, courts around the country have initiated programs to “fast track” business litigation. In New York, new accelerated adjudication procedures in the Commercial Division of the Supreme Court promise commercial […]

Author: Dan Brecher

July 4, 2014

Commercial litigation attorney NYC

Second Circuit Revives SEC “Neither Admit nor Deny” Settlements

It turns out reports of the death of “neither admit nor deny” settlements between the Second Circuit Court and the Securities and Exchange Commission (SEC) were greatly exaggerated. In a much-anticipated decision, the Second Circuit Court of Appeals recently reversed the ruling of Judge Jed. S. Rakoff, who had refused to approve the agency’s consent […]

Author: Dan Brecher

July 3, 2014

Will New Jersey Lawmakers Give Tesla the Green Light?

Tesla Motors sells the most widely acclaimed electric car on the market, most recently being named Consumer Reports’ car of the year. However, a dispute between the carmaker and the state threatens to make the Tesla S virtually impossible to purchase in the state of New Jersey. The issue is that Tesla currently does not […]

Author: Dan Brecher

June 20, 2014

Mistakes to Avoid in Raising Money for Your Start-up Business

In the hundreds of business financing proposals I have reviewed in representing start-ups, investment banking firms and public companies, several principals that make for the greater likelihood of a successful presentation for the raise of needed funds are evident. The written and oral presentations of successful early stage funding proposals usually result from a well-organized, […]

Author: Dan Brecher

June 17, 2014

Start-Up Business

Don’t Have Steve Ballmer’s Money? How to Avoid Overpaying When Buying a Business

Experts largely agree that Steve Ballmer overpaid for the Los Angeles Clippers. The former Microsoft executive paid a record $2 billion for the franchise. By comparison, the Milwaukee Bucks sold for $550 million earlier this year. On paper, the Clippers are not worth the high price tag. In fact, Forbes estimated the value of the […]

Author: Dan Brecher

June 10, 2014

Writing a Book? Don’t Cross Amazon!

Amazon is a retail powerhouse, so it can be an author’s best friend or, as Hachette – one of the big New York publishers – is finding out, it can also be your worst enemy. Amazon has had an uncomfortable relationship with the writing community and it has been taking action to discourage shoppers from […]

Author: Dan Brecher

May 30, 2014

How To Overcome A Fraudulent Conveyance

Here are some steps you can take to get paid if you have a good and substantial claim against a person or business, and you are told that even if you get a judgment you will have a hard time collecting because there are or will be no assets left upon which you could enforce […]

Author: Dan Brecher

May 28, 2014

Debt

Read Terms of Online Agreement Before Clicking “I Accept”

If you routinely agree to the terms and conditions of online agreements without reading them, it is important to understand you could be subjecting yourself to liability. Companies are starting to insert some surprising clauses into these agreements. One current trend is for online companies to include a provision banning consumers from writing bad reviews […]

Author: Dan Brecher

May 20, 2014

Defamation

States where cannabis is grown legally resist Sessions' warning letters

When you are raising funds for your start-up business, you most likely are pitching your business proposal to Angel Investors. It is important to do your due diligence regarding what size and type of investments they prefer, at what point of development do they typically invest in a company, and other factors that may impact your […]

Author: Dan Brecher

May 15, 2014

Business

The Meaning of “Corporate Guidance”

Many companies provide “corporate guidance” to investors and other interested parties. Guidance refers to what management expects the company to do in the future. Essentially, it is the practice of predicting business expectations in order for investors to evaluate the company’s earnings potential. You may recall a similar practice referred to as the “whisper number.” […]

Author: Dan Brecher

May 12, 2014

Investors

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