Dan Brecher

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Dan Brecher
Counsel
Chair, Securities and Investment Banking Group
    Dan Brecher comes to Scarinci Hollenbeck after being the head of the Securities and Investment Banking Department of a 250 lawyer Manhattan firm and then running his own boutique securities and investment banking law firm in Manhattan. His 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.

    Mr. Brecher is counsel of record in several leading published decisions establishing precedents in securities, business and education law. He is a Court-appointed mediator in the U. S. District Court, Southern District of New York, and a mediator and an arbitrator at FINRA.

    Mr. Brecher is a nationally known, widely published author and a lecturer on private and public securities offerings, and other corporate, securities and investment banking matters. He has appeared on CNN and in numerous other national and local television and radio presentations. His articles have appeared in Barron’s, The American Law Institute – American Bar Association’s The Practical Lawyer, Boardroom Reports, Bottom Line/Personal and in a number of other professional and general circulation magazines and newspaper publications. Mr. Brecher is the author of Chapter 9 – “Securities Offerings”, New York Practice Guide: Business and Commercial, Matthew Bender & Co., and the co-author of Chapter 24 – New York Forms of Jury Instruction, “Officers’ and Directors’ Liability,” Matthew Bender & Co.

    Mr. Brecher was a featured speaker at FINRA Arbitrator Skills Programs, and his chapter on customer claims against brokers was published by the Practicing Law Institute. Mr. Brecher was the lead speaker and is the co-author of a continuing legal education course handbook for the Lorman Education Services program “Buying and Selling a New York Business.”

    For ten years, Dan was Chairman of the Board of Directors of Birch Family Services, Inc., a major provider of early childhood special education schools in New York City, and a leader in the education and training of teachers of autistic children. Birch also provides Residences, Head Start and family support programs throughout New York City. He is now Vice-Chairman of the Board.

    Fordham University School of Law (JD, 1969)

    City College of the City University of New York (BA, 1964)

    New York
    U.S. District Court, Southern and Eastern Districts of New York
    U.S. Court of Appeals, Second Circuit

    New Jersey
    U.S. Supreme Court

    The Association of the Bar of the City of New York

    New York State Bar Association

    American Bar Association (Corporation, Banking and Business Law Section)

    Birch Family Services, Inc.: Member, Board of Directors, 1990—; Secretary, 1992-1994; Treasurer, 1994-1996; Chairman, 1996-2005; Vice-Chairman, 2005—.

    Herbert G. Birch Services Fund, Inc.: Chairman, Board of Directors, 1996-2005; Vice-Chairman, 2005—.

    Author:
    “Public Offerings,” New York Practice Guide, Business and Commercial, Chapter 9, Matthew Bender & Co., 1994, revised and republished, entitled “Securities Offerings,” 2006

    “The Role of Underwriters in ’33 Act Filings,” Vol. 52 New York State C.P.A. Journal, No. 3;

    “Buying and Selling a New York Business,” Lorman Business Center, Inc., 1999

    “Corporate Buy-Out Without Cash,” 5 Boardroom Reports No. 5

    “Self-Underwriting,” 5 Boardroom Reports No. 15; “Going Public,” 7 Boardroom Reports No. 21

    “Customer Rights,” Barron’s, Vol. LXV No. 31

    “Investing With A Brokerage Firm,” Investigate, Vol. 1, No. 9

    “Bring Securities Cases in New York If Possible,” 8 Boardroom Reports No. 11

    “Raising Money Through Unregistered Securities,” 8 Boardroom Reports No. 21

    “When to Sue Your Stockbroker,” Bottom Line Personal, Vol. 6, No. 8

    “Ten Things Your Broker Doesn’t Want You to Know,” Bottom Line Personal Vol.9, No.6

    “Five Questions to Address Before You Develop A Business Plan,” Bottom Line Personal, Vol. 15, No.3

    “Better Way To Sell A Business,” 15 Boardroom Reports, No. 9

    “Raising Capital on The Internet,” Bottom Line Personal, Vol. 26, No. 11

    “How To Spot a Ponzi Scheme: Lessons From the Madoff Scandal,” Bottom Line Personal, Vol. 30, No.3

    “Is Your Financial Adviser Fishing for Fees?” Bottom Line Personal, Vol. 31, No.8.

    Co-Author:
    “When Making a Small Public Offering Under Regulation A,” 26 The Practical Lawyer, Nos. 2 & 3, republished in The Practical Lawyers Manual of Business Forms and Checklists, American Law Institute-American Bar Association, 1984

    “Officers’ and Directors’ Liability,” New York Forms of Jury Instruction, Chapter 24, Matthew Bender & Co., 1994

    “Securities Arbitration of Customer Claims Alleging Unsuitability, Improper Markups/Markdowns or Breach of Fiduciary Duties,” Chapter 31, Securities Arbitration, 1996, Practising Law Institute.

    How Does New Jersey’s Business Climate Rank?
    Posted on Friday May 18, 2012
    “”New Jersey business lawyerGov. Chris Christie’s efforts to improve New Jersey’s business climate appear to have fallen short, at least in the eyes of chief executive officers. An annual survey of CEOs by Chief Executive magazine on state business climates ranked New Jersey 45th, just two spots higher than last year. For the eighth year in a row, [...]

    New Jersey Business Divorce: Who Gets the Clients?
    Posted on Tuesday May 15, 2012
    “”Elizabeth business attorneyIn many cases, a New Jersey business divorce can be just as difficult as ending a marriage. In both situations, the parties have invested a great deal in the relationship and there are generally significant assets involved. In fact, when a business breaks up, valuation of the business is often one of the most contentious [...]

    Second Circuit Rules Computer Code Can’t Be “Stolen” Under Federal Criminal Law
    Posted on Monday May 14, 2012
    “”Business attorney Jersey CityIn a surprising decision, the Second Circuit Court of Appeals ruled that downloading proprietary computer code does not constitute stealing under the National Stolen Property Act, which criminalizes the theft of trade secrets. The ruling overturned the criminal conviction of former Goldman Sachs programmer, Sergey Aleynikov, who allegedly downloaded the computer source code for the [...]

    Several States Contemplating Lawsuits to Prevent Express-Scripts/Medco Merger
    Posted on Wednesday April 11, 2012
    “”Newark business attorneySeveral states, including New York, are said to be contemplating legal action to prevent Express Scripts Inc.’s proposed acquisition of Medco Health Solutions Inc. The $29.1 billion deal would create the largest U.S. pharmacy-benefits manager. Section 7 of the Clayton Act specifically prohibits mergers and acquisitions when the effect “may be substantially to lessen competition, [...]

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