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.

Client Alert

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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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SEC Chair Sheds Light on New Settlement Policy

In recent remarks before the Council of Institutional Investors, Securities and Exchange Commission (SEC) Chair Mary Jo White offered additional details about the agency’s new settlement policy. The speech, entitled “Deploying the Full Enforcement Arsenal,” also detailed the SEC’s priorities in creating a tougher enforcement program. To start, White highlighted the following as key enforcement […]

Author: Dan Brecher

October 29, 2013

FDA Plan Goes Easy on Healthcare Apps

Mobile healthcare apps are big business. An estimated 500 million smartphone users worldwide will be using them by 2015. In response to the growing industry, the U.S. Food and Drug Administration (FDA) recently released its plan to regulate medical healthcare apps. The new rules will not impact tools that allow you to look up the […]

Author: Dan Brecher

October 24, 2013

Disclosures to the SEC Can Carry Confidentiality Risks

With the Securities and Exchange Commission’s (SEC) more aggressive enforcement approach, companies need to be aware that, when they turn documents over to the SEC after obtaining a signed confidentiality agreement, they are not getting the SEC’s agreement to refuse to provide to third parties these confidential documents. In fact, these agreements usually provide less […]

Author: Dan Brecher

October 11, 2013

Do You Know What Day It Is? The Risks and Benefits of the Animal Spokesperson

Does Grumpy Cat have more Twitter followers than your business? If so, maybe it’s time for an animal spokesperson. Remember Tony the Tiger, the Energizer Bunny (Ok, those weren’t real animals, albeit great “spokespersons”). From GEICO gecko to the Budweiser Clydesdales, animals generally make for good advertising. Companies frequently use animals to pitch products and […]

Author: Dan Brecher

October 9, 2013

Advertising liability

What Does the Government Shutdown Mean for New York and New Jersey Businesses?

What does the shutdown mean for New York and New Jersey businesses? The federal government officially entered a partial shutdown as members of Congress failed to reach an agreement on a budget bill Monday night. Around the country, “closed” signs went up at national monuments, and many federal agencies are working with skeleton crews. But […]

Author: Dan Brecher

October 2, 2013

Negotiating Vs Yourself: From Congress to the Courtroom

For many years, I have been a federal court mediator, a FINRA mediator and arbitrator and, as an attorney, a negotiator in many hundreds of successful matters. The improper use of the “I am not going to negotiate against myself” tactic I have seen employed in too many of these proceedings is now front and center […]

Author: Dan Brecher

October 1, 2013

Arbitration

Apple Offers Refunds in Response to “Breaking Bad” Lawsuit

Fans of AMC’s hit series “Breaking Bad” will not have to call in “attorney” Saul Goodman after all. Facing a class-action lawsuit and mounting bad publicity over its decision to divide the final season of the hit series into two parts on iTunes, Apple, Inc. will offer refunds to customers who believed they were buying […]

Author: Dan Brecher

September 27, 2013

Apple

All a Twitter: Why IPOs Are Back

Twitter, Inc. recently announced plans for an initial public offering (IPO). The news confirms that companies are increasingly deciding it’s a good time to get into the game. As of August 31, a total of 131 companies have filed to become public in 2013, compared with just 91 during the same time period last year. […]

Author: Dan Brecher

September 24, 2013

Lobstermen Fall Victim to Supply and Demand

Businesses of all sizes and in all industries must contend with the age-old economic principle of supply and demand. Whether your business provides products or services, the competition in the market and the receptiveness of consumers will greatly influence the prices you can charge as well as your profitability. The powerful interplay between supply and […]

Author: Dan Brecher

September 13, 2013

Business

NY Attorney General Wants to “Fire” Donald Trump from Education Industry

While Donald Trump is well known for his antics on the air and in the boardroom, he may soon be spending some time inside a courtroom. New York Attorney General Eric T. Schneiderman recently announced that his office filed a $40 million fraud lawsuit against Trump and his business education venture, The Trump Entrepreneur Institute. […]

Author: Dan Brecher

September 3, 2013

Donald Trump

Company’s Direct IPOs: Should You Take the DIY Route?

Most companies that undertake an initial public offering (IPO) partner with an investment bank to serve as an underwriter. The role of the underwriter includes helping to establish the initial share price and the public market, as well as seeking to interest analysts to follow the stock. In the midst of the growing crowdfunding buzz, […]

Author: Dan Brecher

August 22, 2013

Verbal Fillers: Are You Guilty of Um, Ah and Sort Of?

Do you have a verbal “tic?” Get a tape of your last public speech, talk, oral argument or sales presentation. Are you starting your sentences with an “uh” or its common replacement “so?” If these verbal fillers seem to find their way into your public speaking, you are not alone. Many of the talking heads […]

Author: Dan Brecher

August 19, 2013

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