Dan Brecher
CounselBiography
Dan Brecher’s diverse securities law experience ranges from serving as general counsel of the New York Stock Exchange and NASD/FINRA member brokerage firms to representing companies in hundreds of public and private securities offerings to advising institutional and high net worth investors. In addition, Dan is counsel of record in several leading published decisions establishing precedents in securities, business, and education law.
Dan joined Scarinci Hollenbeck after being the head of the Securities and Investment Banking Department of a 250-attorney New York City firm and later running his own boutique securities and investment banking law firm. He also served as a Court-appointed mediator in the U.S. District Court, Southern District of New York, as well as a mediator and an arbitrator at FINRA, for more than a decade.
Dan is a nationally known author and lecturer who has written and presented on topics relating to private and public securities offerings, and other corporate, securities, and investment banking matters. He has appeared on CNN and in numerous other national and local television and radio media outlets. His articles have appeared in Barron’s, The American Law Institute’s The Practical Lawyer, Boardroom Reports, Bottom Line/Personal, and in a number of other professional and general circulation magazines and newspaper publications. He authored Chapter 9 of “Securities Offerings: New York Practice Guide: Business and Commercial,” and co-authored Chapter 24, “New York Forms of Jury Instruction, Officers’ and Directors’ Liability,” both published by Matthew Bender & Co.
Dan has been a featured speaker at FINRA Arbitrator Skills Programs, and his chapter on customer claims against brokers was published by the Practicing Law Institute. He was also the lead speaker and co-author of a continuing legal education course handbook, “Buying and Selling a New York Business,” for the Lorman Education Services program, and a lead speaker at several Stafford and National Academy of Continuing Legal Education (CLE) webinars on SPACs, de-SPACs, and sponsor liability.
For ten years, Dan served as Chairman and currently serves as Secretary of the Board of Directors of Birch Family Services, Inc., a major provider of early childhood special education services in New York City. Birch is also a leader in providing programs for residences and job training for young adults on the autistic spectrum.
Representative Matters
1. Corporate Counsel and Securities
United States and International Jurisdictions- Healthcare Company – General Counsel and Financing
Served as General Counsel for a healthcare company, guiding it from incorporation through multi-million-dollar seed capital financing. - Mobile App Development Company – Initial Financing
Acted as General Counsel for a mobile app development company, overseeing its seven-figure seed capital financing round. - Biotech Corporation – IPO and Private Placement
Incorporated and advised a leading biotech company through private placement rounds and a $100 million initial public offering. - Healthcare Industry Company – Underwriting of IPO
Represented a New York Stock Exchange member firm as underwriter in the initial public offering of a healthcare company. - NYSE Member Firm – Outside General Counsel
Served as outside General Counsel to a New York Stock Exchange member firm, providing ongoing regulatory and transactional support.
2. Financial Litigation and Investor Representation
United States Jurisdictions- FINRA Arbitration Awards – $2.5 Million and $1 Million
Represented customers of major brokerage firms and obtained FINRA arbitration awards of $2.5 million and $1 million, respectively. - Investor Settlements – Over $10 Million Total
Achieved substantial cash settlements totaling more than $10 million in multiple FINRA arbitrations against member firms. - Public Company v. International Bank – Federal Trial
Represented a public company in federal court litigation involving multi-million-dollar claims against and by an international bank, successfully defeating the bank’s counterclaim. - SEC Investigation – Defense of Brokerage Officer
Defended a brokerage firm officer in resolving an SEC investigation without penalties.
3. Private Investment and Advisory Matters
United States and Cross-Border- Hedge Fund and Private Placements
Represented a hedge fund in private placement of funds and advised angel investors in startup technology and biotechnology companies. - Printing Company Owner – Sale and Buyout
Represented a retiring owner in selling his interest in a printing company and negotiating the buyout of his employment agreement. - Hedge Fund Manager – Settlement
Settled investor claims against a hedge fund manager on favorable six-figure terms. - Investment Adviser Litigation – $12 Million Judgment
Represented an investor in fraud claims against a former financial adviser, obtaining a $12 million federal judgment. - Professional Negligence Claims – Settlement
Litigated claims against a former investment adviser and accountant, achieving a substantial settlement.
* Results may vary depending on your particular facts and legal circumstances.
Articles
The News
Video
Publications
How To Check On Your Broker
Bottom Line Inc.
Public Offerings
New York Practice Guide, Business and Commercial, Chapter 9, Matthew Bender & Co.
The Role of Underwriters in ’33 Act Filings
Vol. 52 New York State C.P.A. Journal, No. 3
Buying and Selling a New York Business
Lorman Business Center, Inc.
Corporate Buy-Out Without Cash
5 Boardroom Reports No. 5
Self-Underwriting 5 Boardroom Reports No. 15
Going Public
7 Boardroom Reports No. 21
Customer Rights
Barron's, Vol. LXV No. 31
Investing With A Brokerage Firm
Investigate, Vol. 1, No. 9
Bring Securities Cases in New York If Possible
8 Boardroom Reports No. 11
Raising Money Through Unregistered Securities
8 Boardroom Reports No. 21
When to Sue Your Stockbroker
Bottom Line Personal, Vol. 6, No. 8
Ten Things Your Broker Doesn't Want You to Know
Bottom Line Personal Vol.9, No.6
Five Questions to Address Before You Develop A Business Plan
Bottom Line Personal, Vol. 15, No.3
Better Way To Sell A Business
15 Boardroom Reports, No. 9
Raising Capital on The Internet
Bottom Line Personal, Vol. 26, No. 11
How To Spot a Ponzi Scheme: Lessons From the Madoff Scandal
Bottom Line Personal, Vol. 30, No.3
Is Your Financial Adviser Fishing for Fees?
Bottom Line Personal, Vol. 31, No.8
When Making a Small Public Offering Under Regulation A
26 The Practical Lawyer, Nos. 2 & 3, republished in The Practical Lawyers Manual of Business Forms and Checklists, American Law Institute-American Bar Association
Officers' and Directors' Liability
New York Forms of Jury Instruction, Chapter 24, Matthew Bender & Co.
Securities Arbitration of Customer Claims Alleging Unsuitability, Improper Markups/Markdowns or Breach of Fiduciary Duties
Chapter 31, Securities Arbitration
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