Writings by Dan Brecher

The Securities and Exchange Commission (SEC) recently proposed new rules that require enhanced corporate disclosure of hedging policies for officers, directors, and employees. Mandated under Section 955 of the Dodd-Frank Act, the proposed rules would specifically require disclosure about whether directors, officers and other employees are permitted to hedging or offset any decrease in the […]

In the age of technology, financial traders are quickly going the way of the dinosaur. Most recently, CME Group Inc., which owns the Chicago Mercantile Exchange and New York Mercantile Exchange, announced that it plans to close most of its trading pits by July 2015. The floor-based S&P 500 futures market, as well as some […]

While New Jersey employers should probably keep the champagne on ice, the Equal Employment Opportunity Commission’s (EEOC) latest enforcement report is good news. The agency reports that both employment claims and penalties dropped significantly in fiscal year 2014, which ran from Oct. 1, 2013, to Sept. 30, 2014. In total, the EEOC filed 133 lawsuits […]

While break-ups are bad news in the romance department, shareholders generally see them as a win. Corporate spinoffs not only generate an uptick in stock price, but can also make both companies more profitable. There are approximately 50 spinoffs each year in the United States. Expedia made headlines several years ago with its spinoff of […]

In the annals of securities law, the maxim repeated more than any Geico commercial is: disclosure, disclosure, disclosure. Just as location is a dominant force in real estate investing, full disclosure of material information that a reasonable investor would be entitled to know before making an investment decision is the bedrock of our federal securities […]

In the wake of President Barak Obama’s announced policy shift towards Cuba, several government agencies have begun to amend their regulations to reflect the diplomatic and economic changes. In regards to the policy shift toward Cuba, below are several significant amendments to the Cuban Assets Control Regulations and the Export Administration Regulations, which may be […]

Don’t say you haven’t been warned! In January, the Securities and Exchange Commission (SEC) announced its 2015 exam priorities for the coming year. In regards to the 2015 exam priorities, the report should be required reading for all investment professionals under the agency’s purview, most notably investment advisers, broker-dealers, and transfer agents. “We share our […]

New York and New Jersey businesses frequently rely on H-1B visa program to hire foreign workers in specialty occupations, such as scientists, engineers, or computer programmers. Employees can remain in the country in this status for a total of six years. In recent years, H-1B visas have sold out rapidly, leaving many employers scrambling to […]

Should Your Annual Report To Shareholders Do More? Most publicly traded companies use annual reports to disclose key business information to their shareholders. The reports typically include a letter to shareholders, along with financial data, operations information, new product or service plans, subsidiary activities, and research and development undertakings. Reporting companies are required to post […]

What Does the Executive Order Regarding Immigration Mean for Your Business? Amidst the political debate surrounding President Barack Obama’s executive order regarding immigration, many have overlooked how the new policies will impact U.S. businesses. In fact, there are several measures intended to help U.S. businesses hire and retain highly skilled workers and attract foreign entrepreneurs. Below […]

U.S. Attorney Preet Bharara’s insider trading victories came to a screeching halt earlier this month. In a case that will have widespread implications, the Second Circuit Court of Appeals made it much more difficult for the government to prove insider trading cases involving “remote tippees” who do not have a direct relationship with the individual […]

From high-stakes litigation to record monetary awards, whistleblowers made waves in 2014. In case you missed it, below are some of the key whistleblower legal developments that took place this year: Whistleblower awards The Securities and Exchange Commission (SEC) issued a record number of whistleblower awards in 2014, surpassing all previous years combined. In addition, […]