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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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Applying UCC Article 8 to Virtual Currency post image

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

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Regulation A+ Remains a Work in Progress post image

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

Link to post with title - "Regulation A+ Remains a Work in Progress"
Potential Solution to Patchwork of State Virtual Currency Laws post image

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

Link to post with title - "Potential Solution to Patchwork of State Virtual Currency Laws"
Is the SEC Easing Up on Enforcement Actions Against Public Companies? post image

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

Link to post with title - "Is the SEC Easing Up on Enforcement Actions Against Public Companies?"
Federal Court Confirms CFTC’s Authority Over Cryptocurrencies post image

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

Link to post with title - "Federal Court Confirms CFTC’s Authority Over Cryptocurrencies"
IPO Trends to Monitor in 2018 post image

IPO Trends to Monitor in 2018

As We Move Through 2018, IPO Trends May Be Worth Tracking Initial public offerings (IPO) have declined in recent years, with many high-value companies electing to remain private. As we move through 2018, IPO activity is projected to increase, although the extent of the rebound is a lot less certain.  2017 IPO Market in Review  […]

Author: Dan Brecher

Link to post with title - "IPO Trends to Monitor in 2018"
Understanding the CFTC Oversight Over Virtual Currency post image

Understanding the CFTC Oversight Over Virtual Currency

Since They Are Considered Commodities, the CTFC Has Oversight Over Virtual Currencies Under the Commodity Exchange Act The Securities and Exchange Commission (SEC) isn’t the only federal agency flexing its regulatory muscle in response to the explosive growth of virtual currencies, such as bitcoin. Because virtual currencies are considered commodities, the Commodity Futures Trading Commission’s […]

Author: Dan Brecher

Link to post with title - "Understanding the CFTC Oversight Over Virtual Currency"
Top Six New York Start-up Tips post image

Top Six New York Start-up Tips

Getting A New York Start-up Company Off the Ground is No Easy Task Getting a New York start-up company off the ground can be a challenging task. In fact, 8 out of 10 entrepreneurs who start a business fail within the first 18 months. Scarinci Hollenbeck’s Corporate Transactions & Business Practice Group regularly works with […]

Author: Dan Brecher

Link to post with title - "Top Six New York Start-up Tips"

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