Writings by Dan Brecher

As required by the JOBS Act, the Securities and Exchange Commission (SEC) finally enacted rules to allow for general solicitation of private security offerings. The move is good news for early stage and emerging companies, as it will open the door to billions of dollars in new funding. The new rule specifically amends Rule 506 […]

The Securities and Exchange Commission (SEC) is currently considering whether investment advisers and securities brokers should be held to the same standard of care when dealing with clients. The uniform fiduciary standard was authorized under the Dodd-Frank financial reform law and has been hotly debated since 2011. While the fiduciary standard already applies to financial […]

The U.S. IPO market heated up just in time for summer, according to recent data. The surge in US IPOs corresponded to the record highs in U.S. stock market indices during the second quarter. The quarter ended with a brief but significant market correction, responding significantly to the reminder from Chairman Bernanke that there will […]

The Securities and Exchange Commission (SEC) recently announced that Revlon has agreed to pay an $850,000 fine to resolve charges that it misled investors regarding a “going private” transaction. These transactions generally involve a company delisting and deregistering its stock and cashing out their shareholders so the company or a private equity firm can acquire […]

The Public Company Accounting Oversight Board (PCAOB), a nonprofit corporation established by Congress to oversee the audits of public companies, recently announced a critical first step in its efforts to secure audit documents in China. The memorandum of understanding is the product of lengthy negotiations with Chinese regulators over enforcement cooperation. As we have previously […]

Many corporations call Delaware home because of its business friendly legal environment. It is an attractive place to incorporate a business, and it can also provide substantial court decision precedents for corporate disputes, making it more predictable as to what a Delaware court may do in deciding a disputed business matter as compared to states […]

As a New York City “gentlemen’s club” can attest, a wage lawsuit can be costly for employers. The Penthouse Executive Club recently agreed to pay its dancers a total of $8 million to resolve allegations of a wage lawsuit that it failed to pay proper wages and misclassified workers as independent contractors. The initial New […]

Mandatory arbitration clauses in brokerage contracts could soon be a thing of the past. Lawmakers are calling on the Securities and Exchange Commission (SEC) to exercise its authority under the Dodd-Frank Act to ban what they call the “abuse of forced arbitration contracts.” As Senator Al Franken (D-Minn) and his colleagues noted in their letter […]

The Securities and Exchange Commission (SEC) will likely undergo a number of significant changes with Mary Jo White at the helm. She has promised to step up enforcement if confirmed as the agency’s new chairwoman. Changes could also be coming to how the SEC punishes securities violations. The agency is reportedly exploring the use of […]

Young, emerging growth companies looking to venture capital firms as an alternative to more traditional debt financing sources may experience stiffer competition. VC investments declined for the first time in three years, according to a recent MoneyTree Report by PricewaterhouseCoopers LLP and the National Venture Capital Association (NVCA). Overall, venture capitalists invested $26.5 billion in […]

The Financial Industry Regulatory Authority (FINRA) recently fined five units of ING Groep NV a total of $1.2 million for failing to retain or review millions of emails. The Financial Industry Regulatory Authority (FINRA) recently fined five units of ING Groep NV a total of $1.2 million for failing to retain or review millions of […]

The Securities and Exchange Commission (SEC) is increasingly turning to technology to help root out fraud. The agency recently announced plans to launch a new computer software program that will detect accounting anomalies in corporate disclosures submitted to the regulator. The new data driven approach is expected to bolster the SEC’s risk assessment process when […]