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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Will Uber Win the Battle of the Taxi or Succumb to Business Regulation?

Uber records approximately one million ride requests each week and is now valued at an estimated $18.2 billion. Despite its surging popularity with riders, the company continues to face strong resistance from regulators and traditional taxis over its novel business model, which uses a cell phone application to connect drivers using their personal vehicles with […]

Author: Dan Brecher

July 23, 2014

Uber

SEC’s Social Media Guidance Recognizes Required Disclosures Often Exceed 140 Characters

Businesses are increasingly using social media to interact with current and potential clients. However, some industries must tread carefully to avoid running afoul of existing regulations, which often do not reflect the new technology. Thankfully, some regulators appear to be recognizing the growing importance of social media and are revising their policies accordingly. The Securities […]

Author: Dan Brecher

July 18, 2014

Insider-Trading Streak Ends With Rajaratnam Acquittal

Rengan Rajaratnam will not suffer the same fate as his younger brother, Galleon Group founder Raj Rajaratnam. A federal jury recently cleared him of insider- trading charges. The trial loss brings U.S. Attorney Preet Bharara’s five-year winning streak to an end. He was 81-0 in securing insider-trading convictions over the past four years. Bharara’s high-profile victories include […]

Author: Dan Brecher

July 17, 2014

The Decline of Entrepreneurs

Many Americans have the dream of running their own business. As the economy declined and employment rates dropped in the past few years, it became more common for entrepreneurs to pursue this dream out of necessity and inability to find other employment. New research from the Kauffman Foundation indicates that start-up businesses declined in 2013. […]

Author: Dan Brecher

July 15, 2014

Start-Up Business

Could You Find a Key Contract in Less than 15 Minutes?

If you could not quickly locate an important business agreement, you are not alone. But you could be hurting your company’s bottom line. A recent survey highlights that many corporate legal departments are struggling to keep up with contract management. Of the 100 legal technology professionals surveyed by Huron Consulting Group, 57 percent expressed concern […]

Author: Dan Brecher

July 11, 2014

Dodd-Frank Act Still Evolving

The Wall Street Reform and Consumer Protection Act, more commonly referred to as the Dodd-Frank Act, is now four years old, and like many youth, it remains to be seen as to what will be when it reaches its full growth. Dodd-Frank was passed in 2010 in response to the 2008 financial crisis. The Act […]

Author: Dan Brecher

July 9, 2014

Will There be a New Loophole For Insider Trading?

Insider trading laws may soon undergo changes that will allow creative professionals to avoid liability, even if they are caught. A three-judge panel of the U.S. Court of Appeals for the Second Circuit recently heard arguments on whether to reverse the convictions of two hedge fund managers. Todd Newman, a portfolio manager at Diamondback Capital […]

Author: Dan Brecher

July 8, 2014

Insider Trading

Will NY Business Litigation Enjoy Life in the Fast Lane?

Business lawsuits can take months and sometimes years to litigate. While the legal process unfolds, companies lose both time and money. To alleviate the economic burden, courts around the country have initiated programs to “fast track” business litigation. In New York, new accelerated adjudication procedures in the Commercial Division of the Supreme Court promise commercial […]

Author: Dan Brecher

July 4, 2014

Commercial litigation attorney NYC

Second Circuit Revives SEC “Neither Admit nor Deny” Settlements

It turns out reports of the death of “neither admit nor deny” settlements between the Second Circuit Court and the Securities and Exchange Commission (SEC) were greatly exaggerated. In a much-anticipated decision, the Second Circuit Court of Appeals recently reversed the ruling of Judge Jed. S. Rakoff, who had refused to approve the agency’s consent […]

Author: Dan Brecher

July 3, 2014

Settlement Agreement

Will New Jersey Lawmakers Give Tesla the Green Light?

Tesla Motors sells the most widely acclaimed electric car on the market, most recently being named Consumer Reports’ car of the year. However, a dispute between the carmaker and the state threatens to make the Tesla S virtually impossible to purchase in the state of New Jersey. The issue is that Tesla currently does not […]

Author: Dan Brecher

June 20, 2014

Mistakes to Avoid in Raising Money for Your Start-up Business

In the hundreds of business financing proposals I have reviewed in representing start-ups, investment banking firms and public companies, several principals that make for the greater likelihood of a successful presentation for the raise of needed funds are evident. The written and oral presentations of successful early stage funding proposals usually result from a well-organized, […]

Author: Dan Brecher

June 17, 2014

Start-Up Business

Don’t Have Steve Ballmer’s Money? How to Avoid Overpaying When Buying a Business

Experts largely agree that Steve Ballmer overpaid for the Los Angeles Clippers. The former Microsoft executive paid a record $2 billion for the franchise. By comparison, the Milwaukee Bucks sold for $550 million earlier this year. On paper, the Clippers are not worth the high price tag. In fact, Forbes estimated the value of the […]

Author: Dan Brecher

June 10, 2014

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