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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Do a CEO’s Marital Woes Belong in the Boardroom?

In today’s fast-paced digital news environment, very little is off limits, and stories can spread like wildfire. The Donald Sterling saga is just one recent example. While interest in the actions of a company’s chief executive officer (CEO) was once confined to the boardroom, their personal lives are increasingly under scrutiny. From alleged illicit relationships […]

Author: Dan Brecher

August 22, 2014

Mums the Word: The Power of Silence in Contract Negotiation

When negotiating a key business contract, sometimes what you don’t say can be just as powerful as what you do. In fact, silence is one of the simplest yet most frequently overlooked contract negotiation strategies. In today’s fast-paced world, we are not accustomed to silence. Too much quietness makes us uncomfortable, particularly when in the […]

Author: Dan Brecher

August 20, 2014

Family Owned Business And What To Do About Succession

We have seen a number of instances where some of the children of business owners are involved in the running of the family business, while other children have either chosen to work elsewhere or were not given the opportunity to participate in the family owned business. A family owned business, such as the now famous […]

Author: Dan Brecher

July 29, 2014

Will Uber Win the Battle of the Taxi or Succumb to Business Regulation?

Uber records approximately one million ride requests each week and is now valued at an estimated $18.2 billion. Despite its surging popularity with riders, the company continues to face strong resistance from regulators and traditional taxis over its novel business model, which uses a cell phone application to connect drivers using their personal vehicles with […]

Author: Dan Brecher

July 23, 2014

Uber

SEC’s Social Media Guidance Recognizes Required Disclosures Often Exceed 140 Characters

Businesses are increasingly using social media to interact with current and potential clients. However, some industries must tread carefully to avoid running afoul of existing regulations, which often do not reflect the new technology. Thankfully, some regulators appear to be recognizing the growing importance of social media and are revising their policies accordingly. The Securities […]

Author: Dan Brecher

July 18, 2014

Securities and Finance

Insider-Trading Streak Ends With Rajaratnam Acquittal

Rengan Rajaratnam will not suffer the same fate as his younger brother, Galleon Group founder Raj Rajaratnam. A federal jury recently cleared him of insider- trading charges. The trial loss brings U.S. Attorney Preet Bharara’s five-year winning streak to an end. He was 81-0 in securing insider-trading convictions over the past four years. Bharara’s high-profile victories include […]

Author: Dan Brecher

July 17, 2014

The Decline of Entrepreneurs

Many Americans have the dream of running their own business. As the economy declined and employment rates dropped in the past few years, it became more common for entrepreneurs to pursue this dream out of necessity and inability to find other employment. New research from the Kauffman Foundation indicates that start-up businesses declined in 2013. […]

Author: Dan Brecher

July 15, 2014

Start-Up Business

Could You Find a Key Contract in Less than 15 Minutes?

If you could not quickly locate an important business agreement, you are not alone. But you could be hurting your company’s bottom line. A recent survey highlights that many corporate legal departments are struggling to keep up with contract management. Of the 100 legal technology professionals surveyed by Huron Consulting Group, 57 percent expressed concern […]

Author: Dan Brecher

July 11, 2014

Dodd-Frank Act Still Evolving

The Wall Street Reform and Consumer Protection Act, more commonly referred to as the Dodd-Frank Act, is now four years old, and like many youth, it remains to be seen as to what will be when it reaches its full growth. Dodd-Frank was passed in 2010 in response to the 2008 financial crisis. The Act […]

Author: Dan Brecher

July 9, 2014

Securities and Finance

Will There be a New Loophole For Insider Trading?

Insider trading laws may soon undergo changes that will allow creative professionals to avoid liability, even if they are caught. A three-judge panel of the U.S. Court of Appeals for the Second Circuit recently heard arguments on whether to reverse the convictions of two hedge fund managers. Todd Newman, a portfolio manager at Diamondback Capital […]

Author: Dan Brecher

July 8, 2014

Will NY Business Litigation Enjoy Life in the Fast Lane?

Business lawsuits can take months and sometimes years to litigate. While the legal process unfolds, companies lose both time and money. To alleviate the economic burden, courts around the country have initiated programs to “fast track” business litigation. In New York, new accelerated adjudication procedures in the Commercial Division of the Supreme Court promise commercial […]

Author: Dan Brecher

July 4, 2014

Commercial litigation attorney NYC

Second Circuit Revives SEC “Neither Admit nor Deny” Settlements

It turns out reports of the death of “neither admit nor deny” settlements between the Second Circuit Court and the Securities and Exchange Commission (SEC) were greatly exaggerated. In a much-anticipated decision, the Second Circuit Court of Appeals recently reversed the ruling of Judge Jed. S. Rakoff, who had refused to approve the agency’s consent […]

Author: Dan Brecher

July 3, 2014

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