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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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Lack of Signatures Can Doom Contract Enforceability post image

Lack of Signatures Can Doom Contract Enforceability

If your contract isn’t fully executed by all parties, you should be prepared to provide other evidence that any non-signatories still intended to be bound... If your contract isn’t fully executed by all parties, you should be prepared to provide other evidence that any non-signatories still intended to be bound. In a recent decision, a […]

Author: Dan Brecher

Link to post with title - "Lack of Signatures Can Doom Contract Enforceability"
Should SPACs Be Considered Investment Companies? post image

Should SPACs Be Considered Investment Companies?

The rising popularity of special-purpose acquisition companies (SPACs) garnered the attention of both investors and regulators last year... The rising popularity of special-purpose acquisition companies (SPACs) garnered the attention of both investors and regulators last year. As we begin the New Year, an emerging question is how SPACs should be regulated, with some making the […]

Author: Dan Brecher

Link to post with title - "Should SPACs Be Considered Investment Companies?"
Will the SEC Adopt New SPAC Regulations in 2022? post image

Will the SEC Adopt New SPAC Regulations in 2022?

One of the biggest questions facing special acquisition companies (SPACs) is whether the SEC will adopt new rules... As we enter 2022, one of the biggest questions facing special acquisition companies (SPACs) is whether the Securities and Exchange Commission (SEC) will adopt new rules. Like most governmental regulatory agencies, the answer is that its procedural […]

Author: Dan Brecher

Link to post with title - "Will the SEC Adopt New SPAC Regulations in 2022?"
Year in Review: Securities Law Trends in 2021 post image

Year in Review: Securities Law Trends in 2021

In the past year, we discussed a number of ways that startups and other small businesses can raise the capital needed to help them grow while maintaining compliance with federal securities regulations... In 2021, we discussed a number of ways that startups and other small businesses can raise the capital needed to help them grow while maintaining […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Year in Review: Securities Law Trends in 2021"
Does SEC’s Stunning Trial Loss Make It Harder for Agency to Bring insider Trading Cases? post image

Does SEC’s Stunning Trial Loss Make It Harder for Agency to Bring insider Trading Cases?

The SEC experienced a rare trial loss in an insider-trading case, with the court finding that the agency’s statistical evidence was too speculative... The Securities and Exchange Commission (SEC) experienced a rare trial loss in an insider-trading case, with the court finding that the agency’s statistical evidence was too speculative. At this point, it is […]

Author: Dan Brecher

Link to post with title - "Does SEC’s Stunning Trial Loss Make It Harder for Agency to Bring insider Trading Cases?"
Successor Liability – Could You Be Held Liable After Buying a Business? post image

Successor Liability – Could You Be Held Liable After Buying a Business?

Under New York law, the general rule is that a corporation that acquires the assets of another is not liable for the claims of its predecessor... Under New York law, the general rule is that a corporation that acquires the assets of another is not liable for the claims of its predecessor. However, there are […]

Author: Dan Brecher

Link to post with title - "Successor Liability – Could You Be Held Liable After Buying a Business?"
Failure to Document “Sweat Equity” Agreements Can Lead to Costly Suits post image

Failure to Document “Sweat Equity” Agreements Can Lead to Costly Suits

For startup companies and other cash-strapped businesses, so-called “sweat equity” can be extremely beneficial... For startup companies and other cash-strapped businesses, so-called “sweat equity” can be extremely beneficial. While many startups are unable to reward founders and employees for their hard work with monetary compensation, they can award an equity interest in the company. What […]

Author: Dan Brecher

Link to post with title - "Failure to Document “Sweat Equity” Agreements Can Lead to Costly Suits"
What to Know About the SEC’s “Shadow Trading” Enforcement Action post image

What to Know About the SEC’s “Shadow Trading” Enforcement Action

The Securities and Exchange Commission (SEC) recently brought an enforcement action against a biopharmaceutical executive for a form of insider trading known as “shadow trading.” The Securities and Exchange Commission (SEC) recently brought an enforcement action against a biopharmaceutical executive for a form of insider trading known as “shadow trading.” The term refers to when […]

Author: Dan Brecher

Link to post with title - "What to Know About the SEC’s “Shadow Trading” Enforcement Action"
Can Businesses Use a Letter of Intent as a Binding Agreement to Work Together? post image

Can Businesses Use a Letter of Intent as a Binding Agreement to Work Together?

A letter of intent or memorandum of understanding can be used to formalize an agreement to move forward toward a mutual goal... When businesses agree to work together, there are often a lot of details to work out. A letter of intent or memorandum of understanding can be used to formalize an agreement to move […]

Author: Dan Brecher

Link to post with title - "Can Businesses Use a Letter of Intent as a Binding Agreement to Work Together?"
SEC Approves NASDAQ Board Diversity Rule – What Listed Companies Must Do Next post image

SEC Approves NASDAQ Board Diversity Rule – What Listed Companies Must Do Next

The SEC recently approved Nasdaq Inc.’s Board Diversity Rule, which will require all companies listed on Nasdaq’s U.S. exchange to publicly disclose consistent, transparent diversity statistics regarding their board of directors... The Securities and Exchange Commission (SEC) recently approved Nasdaq Inc.’s Board Diversity Rule, which will require all companies listed on Nasdaq’s U.S. exchange to publicly disclose consistent, transparent […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "SEC Approves NASDAQ Board Diversity Rule – What Listed Companies Must Do Next"
Will the SEC Issue New Disclosure Rules for de-SPAC Transactions? post image

Will the SEC Issue New Disclosure Rules for de-SPAC Transactions?

The SEC is keeping a close eye on special purpose acquisition companies (SPACs)... The Securities and Exchange Commission (SEC) is keeping a close eye on special purpose acquisition companies (SPACs). When it looks to determine whether additional regulations are needed, one area of concern will likely be disclosures made in connection with de-SPAC transactions. Hot […]

Author: Dan Brecher

Link to post with title - "Will the SEC Issue New Disclosure Rules for de-SPAC Transactions?"
Will the SEC Move to Restrict Private Offerings Under New Leadership? post image

Will the SEC Move to Restrict Private Offerings Under New Leadership?

The SEC rulemaking agenda includes rule proposals that could significantly impact the private offering market… The Securities and Exchange Commission’s (SEC) rulemaking agenda includes rule proposals that could significantly impact the private offering market. Priorities for the new Democratic-majority Commission include exempt offering rules, the accredited investor definition, and required disclosures under Regulation D. As […]

Author: Dan Brecher

Link to post with title - "Will the SEC Move to Restrict Private Offerings Under New Leadership?"

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