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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The Benefits and Pitfalls of Using Side Letters for Private Placements

While side letters can be helpful in securing key investments, it is imperative to fully understand their legal implications… Side letters are frequently used to enter into legal agreements between private funds and investors. They can be used to alter the terms of a limited partnership agreement or even override certain provisions. While side letters […]

Author: Dan Brecher

December 3, 2020

Investment

When Do Contract Negotiations Cross the Line?

Nearly all business negotiations involve power differentials, which the parties often seek to use to their advantage to broker a better deal... Nearly all business negotiations involve power differentials, which the parties often seek to use to their advantage to broker a better deal. However, there are situations where exerting power over the other party […]

Author: Dan Brecher

November 9, 2020

Contracts

SEC Proposes Conditional Exemption for Finders Helping Small Businesses Raise Funds

The Securities and Exchange Commission (SEC) is proposing a new conditional exemption for “finders”… The Securities and Exchange Commission (SEC) is proposing a new conditional exemption for “finders” who help small businesses raise capital in private markets. The exemption from the broker registration requirements of Section 15(a) of the Exchange Act would allow natural persons […]

Author: Dan Brecher

November 2, 2020

Enforceability of Restrictive Covenants in New York and New Jersey

Restrictive covenant agreements can be troublesome for both sides and the laws regarding their enforcement can vary from state to state… Restrictive covenant agreements can be troublesome for both sides. The laws regarding their enforcement can also vary from state to state. Accordingly, it is imperative that your contracts include reasonable restrictions and clearly define […]

Author: Dan Brecher

October 28, 2020

A Simple Guide to SAFEs for Investors and Startups

A simple agreement for future equity (SAFE) isn’t always so simple... A simple agreement for future equity (SAFE) isn’t always so simple. Before startups and investors consider this increasingly popular security, it is important to understand how SAFEs work. To start, a SAFE is an agreement between an investor and a business in which the […]

Author: Dan Brecher

October 27, 2020

Investment

Is It Time to Make Your Best Employee a Partner? Five Key Considerations

Taking on a key employee as a partner can also be a good way for business owners to plan for retirement… There is a lot to be said for teamwork in growing a business. How better to increase the motivation of your employees than to offer an opportunity to own a piece of the business? Taking […]

Author: Dan Brecher

October 26, 2020

COVID-19

Boom of Blank-Check Companies Attracting Attention

Blank-check companies, also known as special purpose acquisition companies (SPACS), are booming… Blank-check companies, also known as special purpose acquisition companies (SPACS), are booming. In early October, a record eight SPACs went public in one day, netting $3.25 billion in proceeds. The hot market for blank-check SPAC companies is attracting the attention of brokerages and investors […]

Author: Dan Brecher

October 20, 2020

SPACS

Starting an Online Business in the Era of COVID-19

While the COVID-19 pandemic has wreaked havoc on many existing businesses, it has also created new opportunities for budding entrepreneurs... While the COVID-19 pandemic has wreaked havoc on many existing businesses, it has also created new opportunities for budding entrepreneurs. As social distancing, remote learning, and telecommuting have become the new normal, many online businesses are […]

Author: Dan Brecher

October 7, 2020

COVID-19

Can You Benefit from the Expanded Accredited Investor Definition?

The Securities and Exchange Commission (SEC) has officially expanded the definition of an accredited investor… The Securities and Exchange Commission (SEC) has officially expanded the definition of an accredited investor. The amended definition expands the pool of investors that companies can target when seeking to raise capital via private placements. “Today’s amendments are the product […]

Author: Dan Brecher

September 21, 2020

Startup Investing is Alive and Well Despite Pandemic

While the COVID-19 pandemic has made capital formation more challenging for start-ups, the situation isn’t nearly as dire as one SEC Commissioner suggests... While the COVID-19 pandemic has made capital formation more challenging for start-ups, the situation isn’t nearly as dire as one SEC Commissioner suggests. As we have seen firsthand, many entrepreneurs and startups […]

Author: Dan Brecher

September 7, 2020

NJ Angel Tax Credits Flowing Back to Investors

The New Jersey Angel Investor Tax Credit Program is providing benefits for New Jersey businesses and their investors… Good news for investors in New Jersey businesses, regardless of where you live. The New Jersey Angel Investor Tax Credit Program is providing benefits for New Jersey businesses and their investors. Fourteen technology, life sciences, and clean energy businesses received a […]

Author: Dan Brecher

August 18, 2020

New Jersey

New York Relaxing Virtual Currency Rules – What Businesses Need to Know

The New York Department of Financial Services (NYDFS) is overhauling its regulation of virtual currency... The New York Department of Financial Services (NYDFS) is overhauling its regulation of virtual currency. Under its newly proposed framework, it would be easier for virtual currency companies to enter the New York market. Existing BitLicense Requirements New York is […]

Author: Dan Brecher

July 31, 2020

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