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Jenice L. Malecki

jenice@maleckilaw.com
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Phone: 212.943.1233 Ext: 3
Fax: 212.943.1238

11 Broadway #715
New York, New York 10004

JENICE L. MALECKI, ESQ. is a well-known securities attorney and has a uniquely diverse background with experience representing a wide range of clients in securities and commercial litigation matters, both investors and industry professionals. She has successfully recovered tens of millions of dollars in securities related settlements and awards for her clients. An aggressive litigator, her unique background enables her to see both sides of the dispute and anticipate the opposition. Ms. Malecki has handled thousands of investor, intra-industry and employment matters, including arbitrations, whistleblower complaints and contested governmental, regulatory and self-regulatory investigations and hearings, as well as mediations, settlements, Acceptance, Waiver and Consent Orders (“AWC”s), litigation proceedings and appeals. She has also represented investor and industry witnesses and cooperators in various governmental, regulatory and self-regulatory bodies in hearings settlements.

Ms. Malecki has been a FINRA arbitrator and Chairperson. She has been qualified as an Expert Witness by FINRA arbitrators and is a trained mediator. She was recently appointed to FINRA’s advisory committee, the National Arbitration and Mediation Committee (NAMC), which advises FINRA’s Board of Directors. Ms. Malecki is a frequent bar association and law school speaker, as well as a seasoned authority on New York law, who frequently files official comments for consideration on new rules and laws. In 2014 and 2015, she visited Senators and House of Representatives members’ offices to garner support for the Investor Choice Act of 2013, currently on the floor of the House of Representatives, and to persuade the Senate to pass similar legislation to the Department of Labor’s “Fiduciary Rule.”

Ms. Malecki is currently the VP on the Board of Directors of the PIABA Foundation, an investor educational non-profit group with a mission to educate investors and provide the public with information about abuses in the financial services industry and the securities dispute resolution process. Ms. Malecki is a member of and has been on the Board of Directors (and an Officer of) the Public Investors Arbitration Bar Association (PIABA) and been a member of the Securities and Exchanges Committee (SEC) at the New York City Bar Association and the New York State Bar Association, having spoken many times at the Practising Law Institute (PLI), the New York City Bar Association and the New York County Lawyers Association, Brooklyn Law School, St. John’s Law School and New York Law School, as well as participating annually in PIABA’s year-end conference.

Ms. Malecki’s speaking engagements extend to appearing as an expert for the Wall Street Journal Live, NBC’s Today Show, Fox Business News, ABC’s Eyewitness News, Bloomberg Television, China TV, EBR TV and several other syndicated shows and networks. She has also appeared on Steve Forbes’ in-flight radio show “America’s Most Influential Women in Government, Technology, Business, and the Law”, as well as other nationally syndicated radio programs. She and her cases have been and continue to be cited in numerous industry publications, including The Wall Street Journal, The New York Times, Forbes and Newsweek. The Wall Street Journal featured Ms. Malecki in a permanent educational video clip on its website about the arbitration process at FINRA.

Ms. Malecki’s experience as a New York securities attorney 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 1990’s she represented numerous broker dealers and was instrumental in regulatory matters involving well-known “boiler room” stock fraud characteristic of the era and actually represented the progeny of the real-life “Wolf of Wall Street”, that was the subject of a Hollywood blockbuster. In 1999, Ms. Malecki founded her own practice, Malecki Law, in Manhattan, which today employs a staff of securities arbitration, litigation and employment lawyers.

A natural fit and compliment to her securities work, Ms. Malecki has successfully represented clients in State, Federal and Appellate courts in various type of commercial and business disputes, including breach of partnership and contract disputes, against major and well-funded adversaries.

CLIENTELE AND CASE RESULTS

Malecki Law has represented several prominent individuals in securities arbitration and Manhattan employment law cases. Some of Ms. Malecki’s clients are as follows:

  • Famous “Dot Com” professionals, including both founders of Activision/Blizzard
  • A founder of Fairway and Fresh Direct
  • Whistleblowers like Arturo Cifuentes and Eric Kolchinsky
  • The Neuberger family, founders of Neuberger Berman, a private investment firm
  • Renowned inventor William Faenza
  • Artists-- jazz flutist Bobbie Humphrey, teen singing idol Tevin Campbell, famed local New York playwright Tony Sokol, and New York dance troupe Dura Mater.

Ms. Malecki has repeatedly secured substantial securities industry settlements and awards for her investor clients and favorably settled employment disputes for industry professionals. Here is a sample of some significant representations:

  • $7.2+ million in settlements in a real estate based Ponzi scheme for average middle-class investors
  • Won a complete dismissal for a Chinese company’s founder and director relating to the company’s $50 million financing dispute with a hedge fund
  • $1.15 Million awarded in an unsuitable investments case for former professional Baseball player, pitcher Rodney Beck
  • Currently representing a retired entrepreneur in a FINRA arbitration in an over-concentration case of over $4million in losses in Puerto Rican bonds against a major financial institution
  • $3.9 million recovered for improperly recommended tax shelter fraud investments
  • $2.1 million in settlements against a major financial institution & stock transfer company for failure to sell previous restricted stock for an Italian national
  • $2 million recovered for a Whistleblowing trader against former employer
  • $2.5 million in settlement in Municipal securities industry compensation & sexual harassment claim
  • Ms. Malecki was a consulting expert on Ontonimo (OMO) Limited vs. BNP Paribas Securities Corp. – ($16.6 million FINRA award in 2015).

RATINGS AND HONORS

  • AV Preeminent Peer Review Rating by Martindale-Hubbell
  • Avvo Rated 10/10
  • Named Top Attorney by Super Lawyers and the National Law Journal every consecutive year since 2012
  • Named one of “New York’s Women Leaders in the Law” in 2014

EDUCATION

  • J.D., New York Law School, 1991, Cum Laude
  • B.A., Philosophy and Theatre, Manhattanville College, Cum Laude

BAR ADMISSIONS

  • New York State Bar
  • District of Columbia Bar
  • Massachusetts Bar
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • U.S. Court of Appeals 2nd Circuit

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

  • New York City Bar Association - Member
  • Public Investors Bar Association – Member, former Board of Directors, and Secretary
  • The PIABA Foundation- Vice President
  • FINRA’s National Arbitration and Mediation Committee (NAMC) – Member
Speaking Engagements

Upcoming Engagements

  • Panelist- " Securities Arbitration and Mediation 2017: The Courage to Simplify", on Panel "Ethics and Expungement", New York State Bar Association, Continuing Legal Education (April, 2017).
  • PIABA Annual Meeting October 2017

Past Engagements

Articles For Bar Association Seminars

PUBLISHED / TO BE PUBLISHED

PAST EMPLOYMENT

  • Singer Frumento, LLP.: 1994-1998 -- Senior Associate
  • Sirota & Sirota, LLP: 1992-1994 -- Associate
  • Ezra & Howe, LLP: 1991-1992 -- Junior Associate
  • Clerkship, Hon. James C. Francis IV, Magistrate Judge: 1990-1991, U.S. District Court, Southern District of New York, Student Clerk
  • Ernst & Young: 1990-1991, Student and Summer Associate
  • Curtis Mallet Prevost Colt & Mosle, LLP: 1986-1990, Student Clerk

GOVERNMENT WORK

City of New York: 1999 -- Corporation Counsel: Police Misconduct Cases.

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.

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.

IN THE NEWS

Ms. Malecki appeared on CNBC's American Greed report titled "The Greed Report: Tempted by the real estate market? Investor beware!" in Feb 2017. She was quoted in the New York Times article "Think Your Retirement Plan Is Bad? Talk to a Teacher" in Oct 2016.

For a list of Ms. Malecki’s media appearances on Bloomberg, Fox News, and others please visit “Media” page.

Read about Ms. Malecki’s unique career achievements in Law Crossing.

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 has supported the Labyrinth Theater Company with esteemed company members such as the late Philip Seymour Hoffman, John Ortiz, Eric Bogosian, Stephen Adly Guirgis, John Patrick Shanley (“Doubt”), 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.

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