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.

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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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DOJ Announces China Trade Secret Initiative

China has long been accused of stealing trade secrets from U.S. companies. To help deter Chinese economic espionage, the Department of Justice (DOJ) recently announced a China Initiative.

Author: Dan Brecher

December 20, 2018

Department of Justice

FIRRMA Changes to the CFIUS Regime Begin to take Effect

Seeking to curtail the uncompensated taking of American intellectual property and business secrets, the U.S. Treasury has begun the process of implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The law, which President Donald Trump signed this summer, significantly changes the procedures used to conduct national security reviews of foreign investments in the United States.

Author: Dan Brecher

November 26, 2018

NY AG Report Raises Concerns About Crypto Exchanges

The New York Office of the Attorney General (NY OAG) recently published the results of its Virtual Markets Integrity Initiative, which examined the policies and practices of platforms used to trade virtual or “crypto” currencies like bitcoin and ether.

Author: Dan Brecher

October 15, 2018

New York

New Study Confirms Cryptocurrency Crackdown

Securities lawsuits involving either cryptocurrencies or bitcoin have tripled so far this year, according to a new report by Lex Machina. Not surprisingly, the Securities and Exchange Commission (SEC) filed 30 percent of the cases.

Author: Dan Brecher

September 18, 2018

Bitcoin

Is it Worth Buying a Business or Just Its Assets?

When seeking to buy a business, one of the first decisions you need to make is whether to structure the transaction as a stock purchase or an asset purchase. As with any business decision, there are advantages and disadvantages of each that must be carefully considered.

Author: Dan Brecher

August 17, 2018

What Investors Need to Know About Private Transfers of Unregistered Stock

In recent years, the federal government has eased a number of restrictions, making the process of private transfers far less complicated than it once was.

Author: Dan Brecher

August 14, 2018

Applying UCC Article 8 to Virtual Currency

The growth of virtual currency continues to be held back by the lack of uniform regulations. While regulators at the federal and state level are increasing their oversight over Bitcoin and Ether blockchain-based currencies, there are still very few clear rules for businesses to follow. Given the lack of clear standards, there are significant risks associated with taking and perfecting a security interest in assets that include virtual currency.

Author: Dan Brecher

August 8, 2018

Regulation A+ Remains a Work in Progress

To allow a larger number of companies to undertake securities offerings in reliance on the revamped Regulation A, additional changes are forthcoming. Under the Economic Growth, Regulatory Relief, and Consumer Protection Act (Act), which President Donald Trump signed into law on May 24, 2018, the Securities and Exchange Commission (SEC) must again revise Regulation A+, this time to allow public companies to use it to offer securities.

Author: Dan Brecher

July 20, 2018

Securities

SEC Advises Bitcoin and Ether Are Not Securities

According to a pronouncement by the SEC's Division of Corporation Finance director Bill Hinman, Bitcoin and Ether are not securities.

Author: Dan Brecher

July 17, 2018

Bitcoin

Potential Solution to Patchwork of State Virtual Currency Laws

Numerous States Have Adopted Their Own Virtual Currency Laws or are Currently Considering Legislative Proposals One of the roadblocks holding back the growth of virtual currency is the lack of uniform regulations. As the Bitcoin and Ether blockchain-based currencies have now gained legitimacy, and other “virtual currencies” are seeking to gain legitimacy, states are creating […]

Author: Dan Brecher

June 29, 2018

Bitcoin

Is the SEC Easing Up on Enforcement Actions Against Public Companies?

The Securities and Exchange Commission (SEC) is launching fewer actions against public companies, according to a new report. The SEC filed just 15 new enforcement actions against public companies and their subsidiaries in the first half of FY 2018, the lowest semiannual total since the first half of FY 2013.

Author: Dan Brecher

June 25, 2018

SEC Signals Enforcement Actions Against Coin and Token Exchanges Are Coming

The Securities and Exchange Commission (SEC) continues to assert its regulatory authority over the cryptocurrency market. The agency recently issued an advisory regarding coin and token exchanges, suggesting that enforcement actions may be forthcoming.

Author: Dan Brecher

April 6, 2018

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