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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Understanding Chattel Paper: A Key Component in Secured Transactions

Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]

Author: Dan Brecher

July 10, 2025

SPACs Are Back, What You Need to Know

Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]

Author: Dan Brecher

June 6, 2025

Short Form Merger: Streamlining the Process for Businesses

Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]

Author: Dan Brecher

May 22, 2025

Breach of Contract Explained: Types and Consequences

Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]

Author: Brittany P. Tarabour

April 10, 2025

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

March 28, 2025

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

February 17, 2025

Dan Brecher Secures Pivotal Appellate Win in Shareholder Fraud Case

Scarinci & Hollenbeck, LLC Achieves Landmark Reinstatement of Claims in the New York Appellate Division New York, NY – January 22, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Dan Brecher, Chair of the firm’s Securities and Investment Banking Group, achieved a significant appellate victory on behalf of the firm’s client, reaffirming […]

Author: Dan Brecher

January 22, 2025

Top 5 Clauses Every Business Contract Must Have in 2025

Contracts form the backbone of nearly every business transaction. In order to be effective, your contracts must be carefully negotiated, drafted, and reviewed to protect your legal interests. While contract provisions that define the terms of payment, deliverables of each party, and timelines for execution are essential, some of the most important clauses are often […]

Author: Dan Brecher

January 22, 2025

An Employee Phantom Equity Plan Can Be a Better Way to Incentivize Employees when Raising Funds From Investors

Establishing equity-based incentives for key personnel is an essential requirement for retaining qualified employees. But start-up and developing companies must keep in mind that a company’s private equity investors will be keeping an eye on the capital structure and the effect of compensation plans that will affect their investments. The design and legal requirements and […]

Author: Dan Brecher

December 23, 2024

Real Estate Securities Basics

Real estate securities provide investors with the benefits of owning commercial real estate without expending large amounts of capital. They also generate stable returns, which has resulted in rapid growth of the real estate securities market. However, before diving into real estate investments, it is important to understand the unique features of this asset class. […]

Author: Dan Brecher

September 12, 2024

SEC Secures Groundbreaking Win in Shadow Trading Insider Trading Case

The Securities and Exchange Commission (SEC) has a new insider trading theory that all issuers and corporate insiders should have on their radar. While the agency claims the “shadow trading” theory is not “novel,” a recent federal verdict marks the first time that the SEC has successfully held a corporate official liable for insider trading […]

Author: Dan Brecher

April 19, 2024

Morals Clauses Can Protect Companies AND Influencers

Social media holds risks and rewards for celebrity endorsers and the companies that hire them. While endorsers want to reserve their right to speak freely on issues of importance, companies run the risk that their views, particularly those that may be controversial, might offend their customers or run counter to their own beliefs. More recently, […]

Author: Dan Brecher

February 15, 2024

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