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.”

Education

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.

Bar Admissions

Ms. Malecki is admitted to practice in New York, the District of Columbia, Massachussetts, 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.

Practice Areas

Securities Litigation, Regulation and Arbitration, Securities and High Level Executive Employment Issues, Commercial Litigation, and Real Estate Investments.

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 Work

City 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

• “Arbitration Pleading & Practice: Every Case Its Own Way – The Malecki Example: “Affinity Fraud, Non-Securites Related Notes & the Pure Failure to Supervise a Branch”, Public Investors Arbitration Bar Association , Annual Securities Law Seminar (October 2011).
• 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”, Securites 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:

“Ponzi Victims to Sue: Multi-Million $ Complaint Targets MetLife”, Bronx Times Reporter, pg. 1 (December 15th-21st, 2011)

“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.