Financial Services Industry Experience:
Ms. Malecki has a uniquely diverse background with significant experience representing clients in the securities and commodities industries, general corporate matters, real estate, technology and art related intellectual property issues.
In the financial sector, Ms. Malecki has handled numerous contested arbitrations, litigations, governmental, regulatory and self-proceedings, including appeals where necessary. Having valuable and well-rounded experience representing both investors and industry participants, she has fought for her investor clients to recover from fraudulent activity, as well as counseled various clients through the regulatory complaint process and industry participants through the membership process, audits and investigations. She conferences and negotiates with various governmental, regulatory and self-regulatory bodies in settlements, consent orders and pleas. Ms. Malecki has represented investors, banks, brokerage firms, industry professionals and private investors in arbitration, litigation, mediation, corporate management, contractual negotiations and employment issues in various forums nationally and internationally.
Ms. Malecki is an NASD and NYSE Arbitrator and has served as a Chairperson to arbitration panels. She is also a member of the Securities Industry Association, Legal and Compliance Division, the Legal Committee for the National Association of Investment Professionals, and the New York County Lawyers Association Securities and Exchanges Committee. Ms. Malecki drafted a section of the Legal Research Network's website regarding Political Contributions and MSRB Restrictions. Formally and informally, Ms. Malecki regularly meets and conferences with staff from the New York Stock Exchange, American Stock Exchange, National Association of Securities Dealers, New York District Attorney's Office and Securities and Exchange Commission, individually and in groups, to discuss current regulatory issues.
General Practice, Corporate, Employment and Technology:
Ms. Malecki 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. Ms. Malecki also represents software development firms in various intellectual property issues, copyright, distribution, e-commerce and joint development contracts.
Unafraid of controversial situations, in early 1999, amidst great criticism of the New York City Police Department, Ms. Malecki 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:
Ms. Malecki regularly represents individual real estate purchasers and sellers from contract to closing. She also assists clients throughout the mortgage, construction and refinancing processes, dealing with numerous banks, developers and sponsors. Ms. Malecki has 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.
Ms. Malecki served on the Board of Directors of a landmark Gramercy Park cooperative apartment building for nearly five years. Assisting the building to avoid foreclosure, Ms. Malecki worked with the cooperative through a multi-million dollar mortgage refinance, including the use of alternative financing vehicles. She assisted in creating new areas of revenue and participated in significant collection efforts and negotiations with the sponsor and other financiers. Ms. Malecki also regularly set building policies and worked with architects and contractors in significant renovations and landmark issues.
Newsworthy Events & Notable Cases & Clients:
Jenice Malecki will be a speaker on Steve Forbes' In-Flight Radio show, "America's Most Influential Women in Government, Technology, Business, and the Law". Other women appearing on the program include Madeline Albright, Mercedes Cowlin, and others. Airing in May 2006.
Jenice Malecki on Bloomberg TV
Ms. Malecki has regularly appeared on Bloomberg Television to discuss the legal ramifications and requirements involved in current financialand regulatory events.
Inquiry Seen Into Firing of Wachovia Analyst (GRETCHEN MORGENSON, NY Times, Published: November 17, 2005) http://www.aboutsecuritieslaw.com/CM/NewsResources/NewsResources14.asp
Operations Risk-Malecki Law Files Sarbanes Complaint Against Wachovia
http://www.ieca.net/story.shtml?id=194 (July 20, 2005)
Malecki Law Announces Filing of Sarbanes-Oxley Complaint with Department of Labor
http://64.233.161.104/search?q=cache:xxjAz_X05DoJ:www.insidesarbanesoxley.com (July 20, 2005)
Analyst Files Complaint Against Wachovia Securities:IDD
http://www.ref-desk.org/analyst-files-complaint-against-wachovia-securitiesidd/6720/ (July 20, 2005)
A Fixed-Income Analyst at Wachovia has filed a Sarbanes-Oxley Complaint with the Department of Labour
http://softwaretest.force9.co.uk/cont330733.htm (July 20, 2005)
Wachovia Pressured Research Reports According to Sarbanes-Oxley Complaint
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId (July 18, 2005)
Former Wachovia Securities Analyst Files Whistleblower Complaint
http://birmingham.bizjournals.com/birmingham/stories/2005/07/11/daily15.html (July 12, 2005)
Whistleblower Complaint Filed Against Wachovia Unit
http://www.bizjournals.com/charlotte/stories/2005/07/11/daily19.html?t=printable (July 12, 2005)
(Stephen Taub), Whistle-Blower Case Raises Timing Issue
http://www.cfo.com/printable/article.cfm/4172513?f=options (July 12, 2005)
Whistleblower Complaint Filed Against Wachovia Unit
http://biz.yahoo.com/bizj/05-712/1132064.html?.v=2&printer=1 (July 12, 2005)
(Colleen Marie OA'Connor), CDO Analyst Cifuentes Alleges Pressure from Wachovia
Asset Securitization Report (July 11, 2005)
(Scott Goodwin), Researcher Turns To Sarbanes-Oxley Over Wachovia Dismissal
http://www.loanmarketweek.com/printer.asp?iss=17573&sid=523928 (July 8, 2005)
Cited in Articles:
"SEC Approves Changes to NASD Arbitrator Rules," Securities Week, Vol. 31, No. 27 (July 5, 2004); "RBC Dain Rauscher Creates Diversity Program, Appoints Director," Securities Week, Vol. 31, No. 24 (June 14, 2004); "NYSE Arbitrations Suffering From Slowdown," Securities Week, vol. 31, No. 14 (April 5, 2004); "Alone Among Win houses Wachovia Recruits Through its Clearing Division," Securities Week, vol. 31, No. 12 (March 22, 2004); "Mass-Tort Attorney Sanctioned by NASD, Also Appointed to Prestigious Panel," Securities Week, vol. 31, No. 8 (Feb. 23, 2004); "NASD Discovery Abuse Plans Seen by Some as Not Addressing Real Cause of Problem," Securities Week, vol. 31, No. 4 (Jan. 26, 2004); "Summary Judgment Gives Race Victory to Everyone with our Contract," Securities Week, vol. 30, No. 40 (Oct. 6, 2003); "Client Swing Smith Barney Sexual Discrimination Class Counsel for Malpractice," vol. 30, no. 25 (June 23, 2003); "Case Now on Appeal has Potential to Open Door for Mastershares Suits Against Prudential," Securities Week, Vol. 30, No. 12 (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; "Securities Attorneys Offer Varying Opinions of GAO Report on Unpaid Arbitration Awards," Securities Week, vol. 27, No.28, P. 4 and 6-7, July 10, 2000; "Want to Sue Your Broker?" Diversions Magazine, February 2000; "Sad Sack vs. Steve Geppi," The Comics Journal, October 19, 2000; "Law Suit Accuses Geppi of Stealing Art Work," Baltimore Business Journal, November 2000; "Former Compliance Chief Fights NASD; Says Court-Appointed Counsel Was in Charge," Compliance Reporter, Institutional Investor, Inc., Vol. V, No. 5, p.1 (March 2, 1998).
Ms. Malecki speaks at public and private bar association seminars:
"Knowing What to Look For: Getting the Documents that Can Win Your Case," (panelist and written submissions), Public Investors Arbitration Bar Association, Annual Securities Law Seminar, October 21, 2004; "Discovery: Securities Arbitration 2004, A Primer for the Practitioner," New York State Bar Association, October 26, 2004, (panelist and written submissions); "Self-Regulatory Organization Practice: Examinations, Interviews, Hearings and Appeals," Association of the Bar of the City of NY, December 2002 & February 2003.
Ms. Malecki also taught a course at The Learning Annex entitled Understanding Wall Street and Avoiding Securities Fraud.
Throughout her career, Ms. Malecki has worked on many notable and reported cases, including Duzenbury v. City of New York (a recent police brutality case), In re Moe Rimson & Co., In re G.K. Scott, In re Crazy Eddie Securities Litigation, In re Salomon Brothers Treasury Litigation, In re Gitano, In re Homeowners Bank Securities Litigation, In re Checkers Securities Litigation and In re Cedar Hill Cemetery Litigation.
She has 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. She worked closely with present and former members of the Board of Directors of the NASD.
Some of Ms. Malecki's less well-known cases have involved well-known individuals, including 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.
Jenice Malecki will be a speaker on Steve Forbes' In-Flight Radio show:
"America's Most Influential Women in Government, Technology, Business, and the Law". Other women appearing on the program include Madeline Albright, Mercedes Cowlin, and others. Airing in May 2006.