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 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

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

February 5, 2018

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

January 30, 2018

Bitcoin

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

January 26, 2018

Five Conclusions from SEC Chair's Latest Statement on ICOs

SEC Chair Jay Clayton Recently Issued Public Statement on ICOs Securities and Exchange Commission (SEC) Chair Jay Clayton recently issued a public statement on bitcoin and other cryptocurrencies. He also addressed companies’ use of initial coin offerings (ICOs) to raise capital. While the SEC’s latest warning does not create any new guidelines, it does highlight […]

Author: Dan Brecher

January 24, 2018

SEC Enforcement Actions Sharply Declined

SEC Enforcement Actions Against Public Companies & Subsidiaries Decreased By 33% In the Fiscal Year 2017 With the Securities and Exchange Commission (SEC) appearing to be focusing more intensely on public company report filings and on misdeeds of investment advisors, other aspects of the securities markets are now receiving less attention under the Trump Administration, […]

Author: Dan Brecher

January 19, 2018

Private Equity Trends: Negotiating Waterfall Distribution Schedules

When Negotiating an LPA, Waterfall Distribution Schedules Are Becoming An Increasingly Important Topic The private equity industry has grown significantly in recent years. PE firms had a record $2.49 trillion in assets as of December 31, 2016. In total, 319 new firms launched last year. Most private equity funds are structured as a limited partnership, […]

Author: Dan Brecher

December 28, 2017

Tips for Succeeding at the Indemnification Dance

Businesses Should Never Overlook The Importance of Clearly Drafted Indemnification Provisions While sometimes mistakenly dismissed as “boilerplate,” businesses should never overlook the importance of clearly drafted indemnification provisions. In interpreting your contracts, you should be aware that an indemnification clause is to be desired if you are being indemnified, and to be avoided, if possible, […]

Author: Dan Brecher

December 20, 2017

New Jersey Litigation

Could a “Finder” Aid Your Startup Funding?

Legal Issues Can Arise When a Start-up Uses Own Employees or Third-Party Finders To Aid in Startup Funding Legal issues can arise when a start-up company or private investment fund uses its own employees or other third party “finders” to identify and solicit investors to provide capital via a private securities offering. In many cases, […]

Author: Dan Brecher

December 18, 2017

Start-Ups

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