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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New Study Confirms Cryptocurrency Crackdown

Securities lawsuits involving either cryptocurrencies or bitcoin have tripled so far this year, according to a new report by Lex Machina. Not surprisingly, the Securities and Exchange Commission (SEC) filed 30 percent of the cases.

Author: Dan Brecher

September 18, 2018

Bitcoin

Is it Worth Buying a Business or Just Its Assets?

When seeking to buy a business, one of the first decisions you need to make is whether to structure the transaction as a stock purchase or an asset purchase. As with any business decision, there are advantages and disadvantages of each that must be carefully considered.

Author: Dan Brecher

August 17, 2018

What Investors Need to Know About Private Transfers of Unregistered Stock

In recent years, the federal government has eased a number of restrictions, making the process of private transfers far less complicated than it once was.

Author: Dan Brecher

August 14, 2018

Applying UCC Article 8 to Virtual Currency

The growth of virtual currency continues to be held back by the lack of uniform regulations. While regulators at the federal and state level are increasing their oversight over Bitcoin and Ether blockchain-based currencies, there are still very few clear rules for businesses to follow. Given the lack of clear standards, there are significant risks associated with taking and perfecting a security interest in assets that include virtual currency.

Author: Dan Brecher

August 8, 2018

Regulation A+ Remains a Work in Progress

To allow a larger number of companies to undertake securities offerings in reliance on the revamped Regulation A, additional changes are forthcoming. Under the Economic Growth, Regulatory Relief, and Consumer Protection Act (Act), which President Donald Trump signed into law on May 24, 2018, the Securities and Exchange Commission (SEC) must again revise Regulation A+, this time to allow public companies to use it to offer securities.

Author: Dan Brecher

July 20, 2018

Securities

SEC Advises Bitcoin and Ether Are Not Securities

According to a pronouncement by the SEC's Division of Corporation Finance director Bill Hinman, Bitcoin and Ether are not securities.

Author: Dan Brecher

July 17, 2018

Bitcoin

Potential Solution to Patchwork of State Virtual Currency Laws

Numerous States Have Adopted Their Own Virtual Currency Laws or are Currently Considering Legislative Proposals One of the roadblocks holding back the growth of virtual currency is the lack of uniform regulations. As the Bitcoin and Ether blockchain-based currencies have now gained legitimacy, and other “virtual currencies” are seeking to gain legitimacy, states are creating […]

Author: Dan Brecher

June 29, 2018

Bitcoin

Is the SEC Easing Up on Enforcement Actions Against Public Companies?

The Securities and Exchange Commission (SEC) is launching fewer actions against public companies, according to a new report. The SEC filed just 15 new enforcement actions against public companies and their subsidiaries in the first half of FY 2018, the lowest semiannual total since the first half of FY 2013.

Author: Dan Brecher

June 25, 2018

SEC Signals Enforcement Actions Against Coin and Token Exchanges Are Coming

The Securities and Exchange Commission (SEC) continues to assert its regulatory authority over the cryptocurrency market. The agency recently issued an advisory regarding coin and token exchanges, suggesting that enforcement actions may be forthcoming.

Author: Dan Brecher

April 6, 2018

Federal Court Confirms CFTC’s Authority Over Cryptocurrencies

The Commodity Futures Trading Commission (CFTC) is authorized to regulate cryptocurrencies, according to a New York federal judge. In a recent decision, U.S. District Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities subject to oversight by the CFTC.

Author: Dan Brecher

March 19, 2018

New York

SEC and CFTC Offer Insight into Future Cryptocurrency Regulation

The heads of Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) continue to weigh in on their future oversight of the growing cryptocurrency market.

Author: Dan Brecher

February 21, 2018

SEC Rejects Cryptocurrency ETFs (For Now)

The Securities and Exchange Commission will not be sanctioning cryptocurrency-based exchange-traded funds (cryptocurrency ETFs) anytime soon. According to the agency, there is still too much uncertainty surrounding Bitcoin and other virtual currencies.

Author: Dan Brecher

February 14, 2018

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