| Biography | JENICE L. MALECKI, ESQ. is a well-known securities attorney, and has been a FINRA arbitrator and Chairperson. She appears regularly on TV and in the news and is an avid bar association and law school speaker, as well as a seasoned authority on New York law. She is on the Board of Directors and an Officer of the Public Investors Arbitration Bar Association (PIABA), and has been a part of the Securities and Exchanges Committee at the New York City Bar Association. She has spoken at the Practicing Law Institute (PLI) and NYCLA on several panels, and at both Brooklyn Law School and New York Law School, in addition to speaking annually at PIABA's year-end conference. Ms. Malecki has appeared on Bloomberg Television and on Steve Forbes' in-flight radio show "America's Most Influential Women in Government, Technology, Business, and the Law". Her cases have been cited in numerous industry publications, including The Wall Street Journal and The New York Times. Ms. Malecki's securities experience began in class action litigation, having worked on the famed class action case In re Crazy Eddie in the counsel's office of the lead plaintiffs. Throughout the 1990s she represented numerous broker dealers and was instrumental in regulatory matters against well-known "boiler room" stock fraud of the era. In 1999 Ms. Malecki founded her own practice, MALECKI LAW, which today employs an esteemed staff of associates, interns, and paralegals. In 2003, Ms. Malecki was awarded Martindale-Hubbell's highest legal ability rating of "AV", a distinction she since maintained. This rating "identifies a lawyer with very high to preeminent legal ability", and is a reflection of one's "expertise, experience, integrity, and overall professional excellence." These ratings, "established by attorneys for attorneys, clearly indicate (Ms. Malecki) demonstrate(s) the highest professional and ethical standards." Ms. Malecki received her J.D. degree Cum Laude from New York Law School in 1991. She also holds a B.A. in Philosophy and Theatre, Cum Laude, from Manhattanville College. Ms. Malecki is admitted to practice in New York, the District of Columbia, Massachusetts, the U.S. District Court Southern District of New York, the U.S. District Court Eastern District of New York, as well as the U.S. Court of Appeals 2nd Circuit. Professional Associations and Memberships: "New York County Bar Association; "Public Investors Bar Association - Board of Directors, Secretary, and Member; "New York State Bar Association. Past Employment: "Singer Frumento, LLP, 1994-1998 - Senior Associate: Securities Litigation, Regulation and Arbitration, Commercial Litigation; "Sirota & Sirota, LLP, 1992-1994 - Associate: Class Action Securities Litigation, Arbitration and Regulatory Securities Matters (notable case: In re Crazy Eddie); "Ezra & Howe, LLP, 1991-1992 - Junior Associate: Criminal Defense, Commercial Litigation; Clerkship: Hon. James C. Francis IV, Magistrate Judge, 1990-1991 - U.S. District Court, Southern District of New York, Student Clerk Habeas Corpus, Commercial Disputes and Intellectual Property Matters; "Ernst & Young, 1990-1991; Student and Summer Associate: Professional (Accountant) Malpractice Unit; "Curtis Mallet Prevost Colt & Mosle, LLP, 1986-1990; Student Clerk: Medical Malpractice and Prisoners' Rights Cases. Government WorkCity of New York: 1999 - Corporation Counsel: Police Misconduct Cases. Volunteer Work and Interests: Ms. Malecki has volunteered with the Legal Aid Society and the New York City Board of Education. Ms. Malecki has acted, written and directed for Off-Broadway, Off-Off-Broadway and Community Theatre for over 30 years. She is a supporter of the Labyrinth Theater Company with esteemed company members Philip Seymour Hoffman, John Ortiz, Eric Bogosian, Stephen Adly Guirgis, John Patrick Shanley, Sam Rockwell, David Zayas and others. She has appeared in internationally recognized award-winning short and independent films and acted as lead vocals in live and recorded performances of All Too Human, a lyric band. In addition, Ms. Malecki has written, directed and produced short films and short plays that have been featured in festivals around New York City. Notable Cases at Previous Employment: In re Crazy Eddie Securities Litigation; Duzenbury v. City of New York, (police brutality case); In re Moe Rimson & Co; In re G.K. Scott; In re Salomon Brothers Treasury Litigation; In re Gitano; In re Homeowners Bank Securities Litigation; In re Checkers Securities Litigation; In re Cedar Hill Cemetery Litigation; Also worked on industry, employment and contractual matters involving the self-proclaimed "SOES Bandit," Harvey Houtkin, of All-Tech Investments, Inc., a day trading firm. Other Notable Matters: Some of Malecki Law's well-known cases have involved well-known individuals, including baseball player Rodney Beck, renowned inventor William Faenza, national artists such as jazz flutist Bobbie Humphrey, teen singing idol Tevin Campbell, often produced local New York playwright Tony Sokol and New York dance troupe Dura Mater. Ms. Malecki has also represented famous "Dot Com" professionals, including a principle from Activision, whistleblowers like Arturo Cifuentes and Eric Kolchinsky and the family of the founder of old-line brokerage investment firm. Speaking Engagements and Articles for Bar Association Seminars: "Panel Speaker: Reg. D and Private Placements - "The Tale of Two Private Placement Arbitrations: 'Oh, What a Difference a Panel Can Make;'" Public Investors Arbitration Bar Association, Annual Securities Law Seminar (October 2010). Discusses private placement investments, including how products often carry high commission loads, why they may be unsuitable for your clients, and the application of SEC Regulation D; "2010 PIABA Secretary, Public Investors Arbitration Bar Association, Annual Securities Law Seminar (October 2010); "Developments in the FINRA Arbitration Discovery Process," Practicing Law Institute, Securities Arbitration 2010 (August 2010); "Sarbanes Oxley: A Brief Primer for the Employee" / "Notes, Expungement, & Good Faith" / "Fair Dealing: A Case in Point", Public Investors Arbitration Bar Association, Annual Securities Law Seminar (October 2008); "BF and Auction Rate Securities: A Case Study", Securities Arbitration and Mediation Hot Topics 2008, City Bar Center for Continuing Legal Education (Fall 2008); "Panelist: "Pleading Arbitration Claims and Defenses," Securities Arbitration and Mediation 2007, New York State Bar Association, Continuing Legal Education (November, 2007); "Northeast Regional Panel - Moderator, Public Investors Arbitration Bar Association, Annual Securities Law Seminar (October 2007); "Securities Arbitration and Mediation: 2007," New York State Bar Association (Fall 2007); "What Documents to Take to Every Hearing," Public Investors Arbitration Bar Association, Annual Securities Law Seminar (October 2006); "Advance Trial Techniques: Borrowing from Theatre," Public Investors Arbitration Bar Association, Annual Securities Law Seminar (October 2005); "How to Start Your Own Law Practice or Law-Related Business," NYS Bar Association, Committee on Women in the Law (June 2005); "Knowing What to Look For: Getting the Documents that Can Win Your Case," Public Investors Arbitration Bar Association, Annual Securities Law Seminar (October 2004); "Discovery 101 with A Twist: Tips, Timelines, and Tables": "Securities Arbitration 2004, A Primer for the Practitioner," New York State Bar Association (October 2004); "Self-Regulatory Organization Practice: Examinations, Interviews, Hearings and Appeals," Association of the Bar of the City of NY (December 2001 & February 2003); "Understanding Wall Street and Avoiding Securities Fraud," The Learning Annex (March 2000). Malecki Law in the News: "Malecki Law Announces Filing of a Defamation Complaint Against Moody's and CEO Raymond McDaniel for Alleged False Statements it Made to Discredit a Whistleblower who Testified Before Congress, Former Moody's Analyst Eric Kolchinsky" (PRNewswire, September 14, 2010); "Former Moody's Executive Files Suit", New York Times (Louise Story: September 13, 2010); "Wachovia Reaches Pact with Ex-Analyst," Wall Street Journal (Dow Jones Newswire: January 11, 2006); "Inquiry Seen Into Firing of Wachovia Analyst," New York Times (Gretchen Morgenson: November 17, 2005); "CDO Analyst Cifuentes Alleges Pressure from Wachovia," Asset Securitization Report Magazine (Colleen Marie O'Connor: July 11, 2005); "SEC Approves Changes to NASD Arbitrator Rules," Securities Week (July 5, 2004); "RBC Dain Rauscher Creates Diversity Program, Appoints Director," Securities Week (June 14, 2004); "NYSE Arbitrations Suffering From Slowdown," Securities Week (April 5, 2004); "Alone Among Win houses Wachovia Recruits Through its Clearing Division," Securities Week (March 22, 2004); "Mass-Tort Attorney Sanctioned by NASD, Also Appointed to Prestigious Panel," Securities Week (Feb. 23, 2004); "NASD Discovery Abuse Plans Seen by Some as Not Addressing Real Cause of Problem," Securities Week (Jan. 26, 2004); "Summary Judgment Gives Race Victory to Everyone with our Contract," Securities Week (Oct. 6, 2003); "Client Swing Smith Barney Sexual Discrimination Class Counsel for Malpractice," Securities Week (June 23, 2003); "Case Now on Appeal has Potential to Open Door for Mastershares Suits Against Prudential," Securities Week (March 24, 2003); "NASD Information Disclosure Critics Say Disciplinary Information on Members Is Lacking," The New York Law Journal (June 6, 2002); "Spitzer Claims Merrill Lynch Misled Investors," The New York Law Journal (April 18, 2002); "The Strip: Harrah's Executives Sold Stock Before News," The Las Vegas Business Journal (July 19, 2001); "Law Suit Accuses Geppi of Stealing Art Work," Baltimore Business Journal (November 2000); "Sad Sack vs. Steve Geppi," The Comics Journal (October 19, 2000); "Securities Attorneys Offer Varying Opinions of GAO Report on Unpaid Arbitration Awards," Securities Week (July 10, 2000); "Want to Sue Your Broker?" Diversions Magazine (February 2000); "Former Compliance Chief Fights NASD; Says Court-Appointed Counsel Was in Charge," Compliance Reporter, Institutional Investor, Inc. (March 2, 1998). Malecki Law Appearances: Speaker on Steve Forbes' In-Flight Radio show in May 2006, "America's Most Influential Women in Government, Technology, Business, and the Law"; Appeared many times on Bloomberg television and in the news, as an expert and with featured cases. Other: Non-Securities Related General Practice, Corporate, Employment and Technology Works for corporate, partnership, banking and individual clients in business formation and general counsel, including assistance in commercial contracts and transactional matters, litigation, regulatory and government issues, structured finance deals, joint ventures, financing agreements, letters of credit, factoring agreements, loans, leases and licenses, as well as with employment negotiations, contracts and litigation. Also represents software development firms in various intellectual property issues, copyright, distribution, e-commerce and joint development contracts. Unafraid of controversial situations, in 1999, amidst great criticism of the New York City Police Department, spent three months working with the City of New York and its police officers in an attempt to deal with litigation and publicity issues relating to the highly publicized police misconduct cases. Real Estate Regularly represents individual real estate purchasers and sellers from contract to closing. Assists clients throughout the mortgage, construction and refinancing processes, dealing with numerous banks, developers and sponsors. Experience working with owners, managers and businesses in residential and commercial leasing, purchasing, selling and managing real estate, including contractual negotiations with vendors, employees, unions, contractors and others. Served on the Board of Directors of a landmark Gramercy Park cooperative apartment building for approximately five years and a Williamsburg, Brooklyn Condominium for approximately one year. Assisting the Gramercy Park building to avoid foreclosure, worked with the cooperative through a multi-million dollar mortgage refinance, including the use of alternative financing vehicles. Assisted in creating new areas of revenue and participated in significant collection efforts and negotiations with the sponsor and other financiers. Regularly set building policies and worked with architects and contractors in significant renovations and landmark issues. |
| Reported Cases | $1,150,000.00: Rodney Beck (deceased), Rodney R. Beck Living Trust d 12-05-04, Stacey Beck, and Stacey Beck Living Trust ltd 12-05-94, Claimants vs. Investacorp, Inc., Investacorp Advisory Services, and William C. Artmann, Respondents; 12/4/07.Claimant, a former professional baseball player, alleged breach of oral and written contracts, violation of industry rules, respondent superior and failure to supervise, negligence and negligent supervision, breach of fiduciary duty, and common law and statutory misrepresentation and fraud. Claimants' allegations involved investments in various mutual funds, variable annuities and variable life insurance policies; $805,110.00: Duckkyu Chang, Kee Chang, et al. (Claimant) vs. McGinn, Smith & Co., Inc., Timothy M. McGinn, David Smith, et al (Respondents); 12/31/09. Claimants asserted the following causes of action: unsuitable investments, negligence, negligent supervision, breach of contract, violations of industry rules, failure to diversify, respondent superior, breach of fiduciary duty, fraud, misrepresentations, and omissions. The causes of action relate to private placement products, notes, and trusts; $475,375.00: Joseph and Tomas Sollitto, Claimants vs. Global Capital Securities, Corp., Respondent; 12/23/03. Claimants alleged fraud, misrepresentation, omission, unsuitable investment recommendations, negligence, negligent supervision, respondent superior and breach of fiduciary duty and constructive trust. Claimants' claims involved stocks; $467,000.00: Robert Ferrucci (Claimant) vs. McLaughlin, Piven, Vogel Securities, Inc., and Laurence T. Tulenko (Respondents); 9/14/06. Award was confirmed in the New York Supreme Court, New York County. Respondents appealed the decision, resulting in This landmark case (67 A.D.3d 405, 889 N.Y.S.2d 134) which issued into law the determination that, if a case is properly pled, FINRA Arbitrators can even in New York state award attorneys fees to a Claimant in their final resolution; $152,494.90: Bart Delgado Sabal (Claimant) vs. Sky Capital, LLC and Michael Passaro (Respondents); 6/26/07. Claimant asserted the following causes of action: fraud, misrepresentations, breach of contract, violation of industry rules including unsuitability , margin violations, churning, failure to diversify, negligence and negligent supervision, respondent superior and failure to supervise, violation of the Securities & Exchange Act of 1934, 15 U.S.C. Sections 78 et seq., and common law breach of fiduciary duty, fraud, and constructive trust; $132,315: David Kast & K.P.M., Inc. (Claimants) vs. Greenway Capital Corporation / Dominick DeLorenzo / Barry Morton Ferrari / Joseph M. Guccione / Fred Luthy (Respondents); 6/26/98. Claimants alleged that, in or about August 1995, when they opened accounts with Greenway through broker/registered representative DeLorenzo, he never inquired as to Claimants investment objectives or experience. Claimants also alleged that, in or about the early fall of 1995, DeLorenzo refused to execute a sell order of stocks in which Greenway was the market maker. Claimants further alleged that, after this incident, they opened an account with Dean Witter Reynolds, Inc. ("Dean Witter") and requested that DeLorenzo transfer their accounts. Claimant asserted that, on October 26, 1995, DeLorenzo coerced him to sign a letter which rescinded his transfer request. Claimants also asserted that, on two additional occasions, they again requested that their accounts be transferred. Claimants further asserted that Respondents forged or falsified Kast's signature or redated his letter of October 26, 1995 in an attempt to rescind Claimants' second and third transfer requests. Claimants contended that, on November 11, 1995, DeLorenzo and Greenway engaged in unauthorized trading in Claimants' accounts. Claimants also contended that, upon notification of these unauthorized trades in-their accounts, they immediately contacted the Compliance Department of Greenway to initiate an investigation. Claimants also contended that, through their actions, Greenway, DeLorenzo and Ferrari engaged in manipulative and deceptive devices or contrivances, common law fraud, common law breach of contract, common law recklessness in failing to follow instructions, common law negligence hi failing to follow instructions, and fraudulent conversion, as well as failure to supervise; $94,328.10: Alexandre Bibitchev, (Claimant) vs. LCP Capital Corp., Mario Romano, Dylan P. Jovine, John Kawas, Gregor Ricca, Michael DaCorta. Michael Coulombre, Mark Barry Mazzer, Charles S. Stoffers, Mark Berg, Brandt J. Mandia, Kevin Brody, Anthony Alliotta, Peter Ungaro, Vincent Maritato, Mark George and Salvatore A. Martorano (Respondents); 7/31/01 Claimant asserted the following causes of action: violations of federal securities laws; failure to supervise; respondent superior; fraud; breach of fiduciary duty; breach of contract; control person liability; and negligence; $80,750: Susan Joan Mitchell vs. Bear, Stearns & Co., Inc. and Merrill Lynch; 7/19/07. Claimant, a public customer, alleges unsuitability, misrepresentation, negligence, and negligent supervision, breach of contract and breach of fiduciary duty with respect to investments in various equity mutual funds; $79,658.53: Mark and Bertha Kapetanakis (Claimants) v. Merrill Lynch Pierce Fenner & Smith, Inc., Rittenhouse Financial Services, Inc., and Douglas Lee Chin (Respondents); 5/2/06, Claimants asserted the following causes of action: breach of contract; breach of fiduciary duty; misrepresentations; omissions of fact; failure to supervise; negligence, and suitability. The causes of action relate to investment in Merrill Lynch's mutual funds and fees generated from a fee based account; $73,281.43: Josephine Pignato (Claimant) vs. Capital One Investments Services Corp. f/k/a NorthFork Investment Services LLC (Respondent); 11/3/10. Claimant asserted the following causes of action: breach of contract, unsuitability, over concentration, breach of commercial honor and good faith, respondent superior, failure to supervise, negligence, breach of fiduciary duty, fraud, and misrepresentation. The causes of action relate to the Oppenheimer Champion Income Fund; $50,000: MK & MK Corporation, (Claimant) vs. KSH Investment Group, Inc., Paul Dorfman, and Harvey Kohn, (Respondents); 8/12/02. Claimant asserted the following causes of action: federal securities laws violations; misrepresentations; unauthorized trading; margin violations; market manipulation; control person liability; respondent superior; omissions; failure to supervise; common law fraud; affinity fraud; churning; unsuitability; breach of fiduciary duty; negligence; and breach of contract. Claimant's claim involved a variety of stocks; $48,000.00: Jane Lee and Chang-Kang Lee, (Claimants) vs. Avalon Partners, Inc., Vincent Au, Samuel J. Agosta, Peter Bull, and Bradley G. Treichler, (Respondents); 5/22/02 Claimant asserted the following causes of action: misrepresentations; unauthorized trading; breach of contract; breach of fiduciary duties; control person liability; fraud; negligence; failure to supervise; and common law fraud. Claimants' claim involved the stock and/or options of America Online, Unisys, Value America, Informix, Inprise, and Mattel Inc; $40,142.50: Sami G. Naber and Wafa S. Naber, (Claimants) vs. Goldman, Lass Securities, Barry Sheldon Lass, and Rimon S. Dahdal, (Respondents); 4/9/02 Claimants asserted the following causes of action: federal securities law violations; misrepresentations; margin violations; control person liability; failure to supervise; respondent superior; common law fraud; churning; suitability; breach of fiduciary duty; negligence; and breach of contract. Claimants' claim involved the stocks of Just for Feet and Sonus Network, as well as other unspecified securities; $40,000.00: John Rathgeb (Claimant) vs. Joseph Stevens & Co., Inc., Steven Fisher, Anthony DeBenedictis and Ronald Goldfine (Respondents); 4/2/07. A portion of this claim was settled with certain parties before going to arbitration. Claimant asserted the following causes of action: fraud, misrepresentations, breach of contract, unauthorized transactions, violations of duties imposed by the Martin Act and NASD Manual, margin violations, failure to diversify, negligence and negligent supervision, respondent superior and failure to supervise, violation of the Securities and Exchange Act of 1934, breach of fiduciary duty, and churning. The causes of action relate to unspecified securities; $14,194: Qlga Bezprozvannaya and Sofia Shevel, JTWROS (Claimants) vs. Robert Thomas Securities, Inc., Timur Yakhin, Barren Chase Securities, and Dean Vernoia (Respondents); 6/2/99. Claimants alleged that, in October, 1994, Yakhin cold-called Shevel and Claimants' agent, Maria Ivenitsky ("Ivenitsky") to solicit their business and convinced them to invest at Baron Chase, promising them a low-risk, conservative investment strategy. Claimants alleged that, from November, 1994 through April, 1995, Yakhin engaged in unauthorized trading and deliberate transition into risky investments, without their knowledge and in contravention to their repeated requests for low-risk investments. Claimants further maintained that they did not know that Yakhin had deceived them into signing margin and/or option agreements since he claimed that their required signatures were mere formalities; $125,000: Michael M. Kownacki v. Morgan Stanley DW Inc; 6/04/07. Claimant, a former employee of Member firm Respondent, alleged wrongful termination, failure to pay compensation for business generated by Claimant and failure to pay severance benefits for termination of employment; $80,600: Janeice Hunt-Schmidt, (Claimant) vs. David Lerner and David Lerner Associates, Inc. (Respondents); 7/11/02. Claimant asserted the following causes of action: pregnancy and gender discrimination under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act, as amended in 1978; violation of the Family Medical Leave Act; violation of the Americans With Disabilities Act; violation of Article 15 of the New York Executive, Civil Rights and Human Rights Law; violation of New York Workers' Compensation Law; breach of implied contract; implied covenant of good faith and fair dealing; and promissory estoppel; intentional and negligent infliction of emotional distress; prima facie tort; and defamation; Expungement: Gregg D. Templeton vs. Morgan Stanley DW, Inc.; 2/01/08. Registered Representative Claimant against his former employer alleging defamation by maliciously amending Claimant's U-4 form, breach of contract, constructive discharge, breach of fiduciary duty, interference with economic relations and breaches of the implied covenant of good faith and fair dealing. Claimant's record was ultimately expunged; $47, 223,013 Counterclaim Award and Expungement: Wachovia Securities, LLC (Claimant) vs. Haran Brucker (Respondent); 8/19/08. Claimant asserted the following causes of action: nonpayment of promissory note. In his Counterclaims, Respondent asserted the following causes of action: defamation, breach of fiduciary duty, interference with economic relations, and breach of express and implied contract, breach of implied covenant of good faith and fair dealing, and conversion. He was awarded an expungement and his actual attorney's fees. |