Writings by Dan Brecher

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, […]

In the event that your holiday is full of good cheer, here are some tips to reduce your holiday liability risk. However, for many New York and New Jersey businesses, it can also bring legal headaches. From the manager who has too much to drink at the office party to the disgruntled worker forced to […]

New York employers will likely have to comply with the annual wage notice requirements of the state’s Wage Theft Prevention Act, even though the provision was amended by the New York legislature earlier this year. The Wage Theft Prevention Act was originally enacted into law in 2011 to protect the rights of low-wage workers. It […]

Over the past 12 months, several court decisions have provided valuable guidance for negotiating and drafting contracts. We also provided some of our own tips. Below is a brief summary: Contract Management In July, we discussed a survey that found businesses are struggling to keep up with contract management. For instance, 65 percent of the […]

Every year, it seems that Black Friday deals start earlier and earlier. While some welcome the opportunity to get a jump on their holiday shopping, critics contend that it robs workers of time with their families on the Thanksgiving holiday. In New Jersey, lawmakers could consider a bill that would restrict Black Friday from further […]

The Securities and Exchange Commission (SEC) recently issued its 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program. Per our prior posts, the SEC whistleblower program, which was first launched in 2011, incentivizes the reporting of high-quality, original information that results in an SEC enforcement action with sanctions exceeding $1 million. Whistleblower awards can range […]

The Financial Industry Regulatory Authority (FINRA) recently issued a regulatory notice regarding the use of confidentiality provisions in settlement agreements. It specifically reminds firms that FINRA Rule 2010 prohibits provisions that restrict or preclude a customer or any other person from communicating with the Securities and Exchange Commission (SEC), FINRA, or any federal or state […]