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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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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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“Testing the Waters” - The SEC’s New Proposal post image

“Testing the Waters” - The SEC’s New Proposal

The SEC Recently Proposed a New Rule for Testing the Waters Prior to Conducting an IPO… The Securities and Exchange Commission (SEC) recently proposed a new rule that would allow all issuers to “test the waters’ prior to conducting an initial public offering (IPO). According to the SEC, the expanded test-the-waters provision would provide all […]

Author: Dan Brecher

Link to post with title - "“Testing the Waters” - The SEC’s New Proposal"
Judge Reverses Course Ruling Blockvest ICO - It Is a Security post image

Judge Reverses Course Ruling Blockvest ICO - It Is a Security

A California Federal Judge Recently Ruled that Blockvest ICO Qualifies as a Security A California federal judge had a change of heart regarding whether Blockvest’s initial coin offering (ICO) qualifies as a security. U.S. District Judge Gonzalo Curiel of the Southern District of California had previously rejected the Securities and Exchange Commission’s (SEC) request for an injunction. […]

Author: Dan Brecher

Link to post with title - "Judge Reverses Course Ruling Blockvest ICO - It Is a Security"
How the Partial Federal Government Shutdown Is Impacting NY and NJ Businesses post image

How the Partial Federal Government Shutdown Is Impacting NY and NJ Businesses

What Does the Partial Federal Government Shutdown Mean for New York and New Jersey Businesses? The partial federal government shutdown, which began on December 22, 2018, shows no signs of ending as members of Congress and President Donald Trump have failed to reach a budget agreement. Around the country, “closed” signs have been posted at […]

Author: Dan Brecher

Link to post with title - "How the Partial Federal Government Shutdown Is Impacting NY and NJ Businesses"
Court Rules Vs SEC to Find ICO Not a Security post image

Court Rules Vs SEC to Find ICO Not a Security

A Federal Court Recently Ruled that Digital Assets Sold In An Initial Coin Offering (ICO) did not Meet The Definition of “Security” A federal court recently ruled that digital assets sold in an initial coin offering (ICO) did not meet the definition of “security.” It is the first court decision against the Securities and Exchange […]

Author: Dan Brecher

Link to post with title - "Court Rules Vs SEC to Find ICO Not a Security"
FIRRMA Changes to the CFIUS Regime Begin to take Effect post image

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

Link to post with title - "FIRRMA Changes to the CFIUS Regime Begin to take Effect"
Applying UCC Article 8 to Virtual Currency post image

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

Link to post with title - "Applying UCC Article 8 to Virtual Currency"
Regulation A+ Remains a Work in Progress post image

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

Link to post with title - "Regulation A+ Remains a Work in Progress"

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