Summary:
Founded Malecki Law, principally a securities industry law firm, and has a uniquely diverse background with significant experience representing clients in securities and commodities industry issues and general corporate matters, as well as in technology and art related intellectual property issues. Malecki Law is an "AV Rated" practice by Martindale-Hubbell and referred by the New York City and New York County Bar Associations.
NASD Arbitrator and serves regularly as a Chairperson to arbitration panels. Board of Directors and a member of the Public Investors Arbitration Bar Association (legislative committee, membership committee and started women's list serve), the Securities Industry Association, Legal and Compliance Division, and has also been a part of the New York County Lawyers Association, Securities and Exchanges Committee. Formally and informally, regularly speaks and writes for industry conferences and seminars, as well as has appeared on Bloomberg television and in the news, as an expert and with featured cases. Hosts a website that provides information and resources to links dedicated to the securities industry: www.AboutSecuritiesLaw.com. Was a speaker on Steve Forbes' In-Flight Radio show in May 2006, "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.
Graduate of Manhattanville College (Bachelor of Arts, Philosophy and Theatre, cum laude, 1988) and New York Law School (J.D. cum laude, 1991). Editor of New York Law School's Journal of International and Comparative Law and attended a certificate program at the National Institute of Trial Advocacy. Clerked for Magistrate Judge James C. Francis, IV, at the U.S. District Court, Southern District of New York. Since 1985, worked and apprenticed in the legal field at Curtis, Mallet-Prevost, Colt & Mosle; Ernst & Young; Ezra & Howe; Sirota & Sirota and Singer Frumento LLP. (and its predecessor firms), having been both a plaintiffs and defense attorney. Volunteered at the New York City Board of Education for many years as a tutor in English, History, Economics and Political Science for immigrant students.
Speaking Engagement and Articles for Public and Private Bar Association Seminars:
"What Documents to Take to Every Hearing," Public Investors Arbitration Bar Association, Annual Securities Law Seminar, panelist and written submissions (October 2006).
"Advance Trial Techniques: Borrowing from Theatre," Public Investors Arbitration Bar Association, Annual Securities Law Seminar, panelist and written submissions (October 2005).
"Knowing What to Look For: Getting the Documents that Can Win Your Case," Public Investors Arbitration Bar Association, Annual Securities Law Seminar, panelist and written submissions (October 21, 2004).
"Discovery: Securities Arbitration 2004, A Primer for the Practitioner," New York State Bar Association, panelist and written submissions (October 26, 2004).
"Self-Regulatory Organization Practice: Examinations, Interviews, Hearings and Appeals," Association of the Bar of the City of NY (December 2002 & February 2003).
"Understanding Wall Street and Avoiding Securities Fraud," The Learning Annex, (March 2000).
"How to Start Your Own Law Practice or Law - Related Business," NYS Bar Association, Committee on Women in the Law, article and panelist (June 9, 2005).
Malecki Law Cases in the News:
"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).
"Law Suit Accuses Geppi of Stealing Art Work," Baltimore Business Journal (November 2000).
"Sad Sack vs. Steve Geppi," The Comics Journal (October 19, 2000).
"Former Compliance Chief Fights NASD; Says Court-Appointed Counsel Was in Charge," Compliance Reporter, Institutional Investor, Inc. (March 2, 1998).
Malecki Law Cited:
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.
Hosts a website that provides information and resources to links dedicated to the securities industry: www.AboutSecuritiesLaw.com.
"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).
"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).
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 the less 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.
Bar Admissions:
New York, 1992
District of Columbia, 1992
U.S. District Court Southern District of New York, 1993
Massachusetts, 1992
U.S. District Court Eastern District of New York, 1992
U.S. Court of Appeals 2nd Circuit
Education
New York Law School, New York, New York, 1991, J. D.
Honors: Cum Laude
Law Journal: New York Law School Journal of International and Comparative Law, Notes and Comments Editor, 1991
Manhattanville College, 1988, B.A., Philosophy and Theatre
Honors: Cum Laude
Professional Associations and Memberships
New York County Bar Association
Public Investors Bar Association
Board of Directors, Secretary and Member
National Association of Securities Dealers Regulation, Inc.
Member, Boards of Arbitrators
New York Stock Exchange
Member, Board of Arbitration
Securities Industry Association
Regular Bloomberg Television Guest
Securities Law, News and Investing
Past Employment Positions
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.
Private Practice
Malecki Law: 1999 Present
Owner: Securities Litigation, Regulation and Arbitration, Intellectual Property,
Commercial Litigation and Real Estate.
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.
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 Work
City of New York: 1999
Corporation Counsel: Police Misconduct Cases.
Volunteering
Legal Aid Society: 1984-1985
Legal Work with Battered Women.
New York City Board of Education, 2001-2004
Tutor in English, History, Economics and Political Science for immigrant students.
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.
Theatre and Music
Acted, written and directed for Off-Broadway, Off-Off-Broadway and Community Theatre for almost 30 years. Appeared in award-winning short and independent films and acted as lead vocals in live and recorded performances of All Too Human, a lyric band. Written, directed and produced short films and short plays that have been featured in festivals around New York City.