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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Can a Joint Venture Help Your Business Overcome Economic Uncertainty?

A joint venture is one way businesses innovate, enter new markets and grow with less risk during these times of uncertainty… Given the unstable economic landscape, venture capital funding for many businesses has dried up, and, when available, has become more costly. That is one reason why businesses have laid off workers or avoided new […]

Author: Dan Brecher

June 8, 2023

Joint Venture

Traps Management Should Avoid in a Down-Round Financing

The recent economic downturn is forcing smaller emerging companies in need of capital to make some difficult decisions. For companies having trouble finding new backers or convincing existing investors to inject additional capital, down-round financings can be the best available strategic solution. However, given the myriad of legal issues that can arise, management must take […]

Author: Dan Brecher

February 1, 2023

Elon Musk’s Twitter Acquisition Shines Light on Going Private Transactions

Tesla CEO Elon Musk recently made headlines when he acquired social media giant Twitter Inc. for approximately $44 billion... Tesla CEO Elon Musk recently made headlines when he acquired social media giant Twitter Inc. for approximately $44 billion. Upon completion of the transaction, Twitter will become a privately held company. Twitter first became a publicly-traded company in November 2013 […]

Author: Dan Brecher

April 28, 2022

The SPAC Market Changes due to the SEC’s Rule Proposal

The SEC is willing to put what it perceives to be a needed damper on the recent explosion of SPAC offerings that reversed what had been a long-term trend away from IPO’s and new company listings on the American exchanges... The SEC is willing to put what it perceives to be a needed damper on […]

Author: Dan Brecher

April 26, 2022

SPACS

What Is a Decentralized Autonomous Organization?

What if you could run a business without people? That’s one of the central ideas behind decentralized autonomous organizations (DAOs)… What if you could run a business without people? That’s one of the central ideas behind decentralized autonomous organizations (DAOs). DAOs are internet-based entities that are governed by a community organized around a specific set […]

Author: Dan Brecher

April 21, 2022

Lack of Signatures Can Doom Contract Enforceability

If your contract isn’t fully executed by all parties, you should be prepared to provide other evidence that any non-signatories still intended to be bound... If your contract isn’t fully executed by all parties, you should be prepared to provide other evidence that any non-signatories still intended to be bound. In a recent decision, a […]

Author: Dan Brecher

March 14, 2022

Contracts

Should SPACs Be Considered Investment Companies?

The rising popularity of special-purpose acquisition companies (SPACs) garnered the attention of both investors and regulators last year... The rising popularity of special-purpose acquisition companies (SPACs) garnered the attention of both investors and regulators last year. As we begin the New Year, an emerging question is how SPACs should be regulated, with some making the […]

Author: Dan Brecher

February 1, 2022

Will the SEC Adopt New SPAC Regulations in 2022?

One of the biggest questions facing special acquisition companies (SPACs) is whether the SEC will adopt new rules... As we enter 2022, one of the biggest questions facing special acquisition companies (SPACs) is whether the Securities and Exchange Commission (SEC) will adopt new rules. Like most governmental regulatory agencies, the answer is that its procedural […]

Author: Dan Brecher

January 28, 2022

SPACS

Year in Review: Securities Law Trends in 2021

In the past year, we discussed a number of ways that startups and other small businesses can raise the capital needed to help them grow while maintaining compliance with federal securities regulations... In 2021, we discussed a number of ways that startups and other small businesses can raise the capital needed to help them grow while maintaining […]

Author: Scarinci Hollenbeck, LLC

January 19, 2022

Does SEC’s Stunning Trial Loss Make It Harder for Agency to Bring insider Trading Cases?

The SEC experienced a rare trial loss in an insider-trading case, with the court finding that the agency’s statistical evidence was too speculative... The Securities and Exchange Commission (SEC) experienced a rare trial loss in an insider-trading case, with the court finding that the agency’s statistical evidence was too speculative. At this point, it is […]

Author: Dan Brecher

December 28, 2021

Securities attorney NYC

Successor Liability – Could You Be Held Liable After Buying a Business?

Under New York law, the general rule is that a corporation that acquires the assets of another is not liable for the claims of its predecessor... Under New York law, the general rule is that a corporation that acquires the assets of another is not liable for the claims of its predecessor. However, there are […]

Author: Dan Brecher

October 25, 2021

New York

Failure to Document “Sweat Equity” Agreements Can Lead to Costly Suits

For startup companies and other cash-strapped businesses, so-called “sweat equity” can be extremely beneficial... For startup companies and other cash-strapped businesses, so-called “sweat equity” can be extremely beneficial. While many startups are unable to reward founders and employees for their hard work with monetary compensation, they can award an equity interest in the company. What […]

Author: Dan Brecher

October 5, 2021

Investment

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