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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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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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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"
Potential Solution to Patchwork of State Virtual Currency Laws post image

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

Link to post with title - "Potential Solution to Patchwork of State Virtual Currency Laws"
Is the SEC Easing Up on Enforcement Actions Against Public Companies? post image

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

Link to post with title - "Is the SEC Easing Up on Enforcement Actions Against Public Companies?"
Federal Court Confirms CFTC’s Authority Over Cryptocurrencies post image

Federal Court Confirms CFTC’s Authority Over Cryptocurrencies

The Commodity Futures Trading Commission (CFTC) is authorized to regulate cryptocurrencies, according to a New York federal judge. In a recent decision, U.S. District Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities subject to oversight by the CFTC.

Author: Dan Brecher

Link to post with title - "Federal Court Confirms CFTC’s Authority Over Cryptocurrencies"

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