Writings by Dan Brecher

Nearly five years after its inception, the Affordable Care Act (ACA) remains controversial. The U.S. Supreme Court is currently considering yet another legal challenge, and Republicans in Congress have not abandoned efforts to nullify it completely. For U.S. businesses, the Affordable Care Act presents a number of compliance challenges, from new tax responsibilities to new reporting […]

In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, the U.S. Supreme Court addressed when statements of opinion are actionable under Section 11 of the Securities Act of 1933 (Section 11). The Court’s decision resolves the existing Circuit split and creates a new legal standard for future securities lawsuits. Facts of the Case […]

Would you pay to deter someone from creating a website called “[yourcompany].sucks?” The company selling the new internet domain name is hoping that the answer is yes for the owners of many well-known brands. The international body responsible for regulating the Internet, ICANN, continues to roll out new generic top-level domains (gTLD) that expand the […]

A New Jersey roofing company is on the hook for more than $22 million dollars in damages for sending unsolicited facsimiles. The class-action suit alleged that the company violated the Telephone Consumer Protection Act (TCPA) by sending more than 4,000 fax advertisements via a marketing company. The Legal Background The TCPA is a federal statute […]

The United States Court of Appeals for the Second Circuit will not reconsider its decision in United States v. Newman, which dramatically increased the difficulty of proving insider trading cases involving “remote tippees” who lack a direct relationship with the individual who disclosed the confidential information. The appeals court recently denied the Justice Department’s request […]

The Securities and Exchange Commission (SEC) recently adopted new regulations designed to provide small businesses with greater access to capital. The new rules, dubbed “Regulation A+,” expand Regulation A, which currently exempts from registration securities offerings of up to $5 million in a 12-month period. The JOBS Act mandated that the SEC update and expand […]

For corporate whistleblowers, the Securities and Exchange Commission (SEC) may no longer be the only game in town. New York Attorney General Eric T. Schneiderman recently announced plans to introduce the Financial Frauds Whistleblower Act, a whistleblower program that will provide monetary incentives for  who report financial misconduct. “New York has a unique opportunity to set […]

For international companies, it may be time to start registering your intellectual property in Cuba. While the country is not yet officially open for business to American businesses, you can protect your trademark rights now. As we previously discussed on the Scarinci Hollenbeck Business Law News Blog, President Barak Obama recently unveiled a plan to […]

New Jersey businesses should be aware that sending unsolicited faxes could open you up to significant liability. We have recently learned that several law firms in this area are filing class action lawsuits and preying on local companies, and even non-profit organizations, alleging violations of New Jersey law. On the federal and state level, several […]

A new study on merger and acquisition (M&A) litigation in 2014 reveals several significant trends. Most notably, the majority of all lawsuits were filed in one jurisdiction, suggesting that companies are increasingly incorporating forum-selection clauses into their corporate bylaws as well as into their transaction documents, when it comes to a merger and acquisition. As […]

The Financial Industry Regulatory Authority (“FINRA”) recently published its 2015 Regulatory and Examinations Priorities Letter. The priorities for this year are divided into the following three categories: key sales practices, financial and operational matters, and market integrity. Below are several key takeaways regardin FINRA Exam Priorities: In addition to detailing its 2015 surveillance and examination […]

If you use your debit card at a store or gas station where you don’t know the workers, there is added danger that your bank information could be swiped and the stolen information used by a thief to access your bank account using ATM machines to make unauthorized cash withdrawals from your bank account.  Banks investigate […]