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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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

Entertainment and Sports

When Should Investors Opt Out of Securities Class Actions?

What to Do Upon Receiving a Class-Action Notice It is important to understand what your options are and what action may be required. In many cases, potential class members do not have to take any further action to reap the benefits of a class action settlement. However, in some cases, you may have to opt […]

Author: Dan Brecher

February 5, 2024

What Businesses Need to Know About the Risks and Rewards of Biometric Age Verification

Fake IDs may soon be a relic of the past, with businesses increasingly adopting digital age verification tools… Fake IDs may soon be a relic of the past, with businesses increasingly adopting digital age verification tools. While using technology may be more accurate, it also raises serious privacy and data security concerns. States like New […]

Author: Dan Brecher

July 31, 2023

FTC Stepping Up Scrutiny of Online Endorsements and Business Reviews - Are You Prepared?

The Federal Trade Commission (FTC) recently updated its Guides Concerning the Use of Endorsements and Testimonials — better known as the “Endorsement Guides.” The Federal Trade Commission (FTC) recently updated its Guides Concerning the Use of Endorsements and Testimonials — better known as the “Endorsement Guides.” The FTC also proposed a new rule that would give the FTC […]

Author: Dan Brecher

July 28, 2023

Be Careful With Your Emojis When Conducting Business Dealings

Be Careful With Your Emojis When Conducting Business Dealings Business communications have become increasingly informal in recent years. While we are not here to debate whether using emojis is appropriate when conducting business dealings, we will warn you that emojis can have unintended legal consequences. A Canadian farmer recently learned this lesson the hard […]

Author: Dan Brecher

July 18, 2023

Contracts

How to Deal With a Disloyal Business Partner

Did your partner draw out all of the money from your company’s bank account, or conduct a side business with your company’s customers or equipment? Did your partner take control of your intellectual property? A disloyal business partner can wreak havoc on your business, but there are ways to minimize the fallout or avert any […]

Author: Dan Brecher

June 27, 2023

Can a Joint Venture Help Your Business Overcome Economic Uncertainty?

A joint venture is one way businesses innovate, enter new markets and grow with less risk during these times of uncertainty… Given the unstable economic landscape, venture capital funding for many businesses has dried up, and, when available, has become more costly. That is one reason why businesses have laid off workers or avoided new […]

Author: Dan Brecher

June 8, 2023

Joint Venture

Traps Management Should Avoid in a Down-Round Financing

The recent economic downturn is forcing smaller emerging companies in need of capital to make some difficult decisions. For companies having trouble finding new backers or convincing existing investors to inject additional capital, down-round financings can be the best available strategic solution. However, given the myriad of legal issues that can arise, management must take […]

Author: Dan Brecher

February 1, 2023

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