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Securities Arbitration 2019


Speaker(s): Allison D. Patton, Benjamin J. Biard, Bert H. Ware, Beverly Jo Slaughter, Cheryl H. Agris, Ph.D., Christine Lazaro, Courtney Reid, Elissa Germaine, Greg Libertiny, Jenice L. Malecki, Jill I. Gross, Kenneth Crowley, Marcia Adelson, Nicole C. Haynes, Nicole G. Iannarone, Peter J. Mougey, Richard W. Berry, Robyn Weinstein, Ryan K. Bakhtiari, Sandra D. Grannum, Sara Soto, Stefanie Kendall, Steve Rolnick, Steven B. Caruso, Teresa J. Verges, Tracey Salmon-Smith
Recorded on: Sep. 10, 2019
PLI Program #: 253525

Beverly Jo Slaughter is a Senior Managing Counsel in the Wealth Investment Management Litigation Section of the Wells Fargo Corporate Legal Department. Her team defends the company and its Financial Advisors in litigation before FINRA and various state and federal courts. The team also administers the Protocol for Broker Recruiting for Wells Fargo and advises on risk mitigation generally.

Ms. Slaughter obtained her J.D. from the Fordham University School of Law in 1997.

Ms. Slaughter regularly speaks on securities litigation and regulation and employee mobility before the NBA, the SIFMA Legal and Compliance Section and the Federal Bar Council. 

 


Elissa Germaine is the Director of the Investor Rights Clinic at the Elisabeth Haub School of Law at Pace University and Executive Director of John Jay Legal Services. The Investor Rights Clinic represents investors of modest means, who are unable to obtain legal representation because of the small amount of their claims, in disputes with their brokers in arbitrations at FINRA Dispute Resolution. She serves as a public member of FINRA’s National Arbitration and Mediation Committee.

Professor Germaine also has taught legal skills and legal writing at Pace Law and New York Law School. Before entering legal education, she practiced securities litigation and arbitration, government investigations, and complex commercial litigation at Latham & Watkins LLP in San Francisco. She served as a law clerk for the Honorable John S. Rhoades, Sr. in the United States District Court, Southern District of California.

She received her JD from Northwestern University Pritzker School of Law and her BA from Dartmouth College.


JENICE L. MALECKI, ESQ. is a well-known New York securities attorney, is a trained mediator and has been a FINRA arbitrator and Chairperson.  She represents individual and institutional investors in arbitration and litigation, as well as licensed industry participants in regulatory hearings and employment disputes and whistleblower filings.  She has represented private and public companies, as well as a range of individuals from blue-collar workers to athletes, musicians, and billionaire founders of well-known international companies. Malecki Law has represented clients in the United States and Puerto Rico, as well as those from many Western European countries, India, China, Hong Kong, Singapore, Israel and in several South American countries.  

Ms. Malecki has been a member of FINRA’s National Arbitration and Mediation Committee, on the Board of Directors (and an Officer of) of both the Public Investors Arbitration Bar Association (PIABA) and the PIABA Foundation, as well as has been a member of the Securities and Exchanges Committee at the New York City Bar Association, as well as has been a member of the American and New York State Bar Associations. She has spoken at the Practicing Law Institute (PLI), the New York City Bar Association and the New York County Lawyers Association on several panels, and done securities arbitration clinic class lecturing and mock arbitration work at FINRA, Yale, Columbia, Fordham Law School, St. John’s Law School, Brooklyn Law School, Albany Law School and New York Law School, in addition to regularly speaking at PIABA’s year-end conference.

Ms. Malecki has been named a Top Attorney by Super Lawyers and the National Law Journal, featured in the New York Times Magazine, New York Magazine, National Law Journal and other publications, as well as was named one of “New York’s Women Leaders in the Law 2014,” She appears regularly on TV, in the news and radio. She is Martindale-Hubbell’s highest legal ability rating of “AV Preeminent.” In 2014, 2015 and 2019, she visited Senators and House of Representatives members’ offices to garner support for investor related laws.


Nicole C. Haynes is the Associate Director of Recruitment and Training in the Financial Industry Regulatory Authority’s (FINRA) Office of Dispute Resolution (ODR). She oversees the arbitrator recruitment efforts for the Neutral Management Department, with the goal of expanding and broadening the depth and diversity of the neutral roster. Prior to serving in this capacity, Nicole was the Case Assistant Manager for the Northeast Regional Office of ODR where she oversaw the arbitration case docket and issued decisions on various procedural motions. Nicole joined FINRA, then NASD, in 2000 as a Staff Attorney.

Nicole received her undergraduate degree from Williams College and received her law degree from Boston University School of Law where she was a member of the Public Interest Law Journal. Nicole is a member of the New York Bar.


Professor Jill I. Gross is a nationally known expert in the field of securities dispute resolution, and teaches courses in the areas of dispute resolution, ethics, securities law and lawyering skills. She was the James D. Hopkins Professor of Law, a two-year rotating endowed Chair, from 2013-2015, Director of the Investor Rights Clinic from 1999-2015, and Director of Legal Skills Programs from 2010-2015. She also has taught at Cornell Law School, UNLV’s Boyd School of Law and Benjamin N. Cardozo School of Law.

She is an author of the preeminent hornbook, Broker-Dealer Law and Regulation (Wolters Kluwer 4th ed. annually updated) (with J. Fanto and N. Poser), has published dozens of book chapters and articles on the negotiation, mediation and arbitration of securities and other commercial disputes, and is a Senior Contributing Editor to the Securities Online Litigation Alert. She has chaired the AALS Section of Dispute Resolution, the Securities ADR Committee of the ABA Section of Dispute Resolution and the Practising Law Institute’s annual Securities Arbitration program. She is an arbitrator for the American Arbitration Association, FINRA’s Office of Dispute Resolution, and the National Futures Association, and a member of the Securities Experts Roundtable. She is a former public member of the FINRA National Arbitration and Mediation Committee, and a current member of the President’s Council of Cornell Women. She has been quoted dozens of times in the national media, and retained as an expert in securities arbitrations, litigations and enforcement proceedings. 

Before entering legal education, Professor Gross was an attorney in the New York City firms of Kaye Scholer LLP, Morvillo Abramowitz Grand Iason & Silberberg, and Parcher Hayes & Snyder, representing clients in white collar criminal and securities enforcement proceedings, securities arbitrations, and other commercial litigation. She received an A.B. magna cum laude, Phi Beta Kappa, from Cornell University and a J.D. cum laude from Harvard Law School.


Richard W. Berry is Executive Vice President and Director, Office of Dispute Resolution.

Prior to serving in this capacity, Mr. Berry was Senior Vice President, Dispute Resolution. In that role, he oversaw the four regional offices—New York, Boca Raton, Chicago and Los Angeles—and the New York Case Administration unit.

Mr. Berry joined FINRA, then NASD, in 1995 as head of Dispute Resolution's Los Angeles satellite office. In 2001, he was named Director of Case Administration in the New York City office. Mr. Berry serves as Executive Champion of FINRA’s Toastmasters Clubs.

Prior to joining FINRA, he taught American law for one year in Budapest. Mr. Berry began his career practicing law in San Francisco. He is a graduate of the University of California at Santa Barbara and Hastings College of the Law. Mr. Berry is a member of the California Bar.


Robyn Weinstein is currently the ADR Administrator at the United States District Court for the Eastern District of New York.  Prior to her current role, Ms. Weinstein served as a fellow at the Kukin Program for Conflict Resolution at Benjamin N. Cardozo School of Law, where she currently serves as an adjunct professor of mediation and negotiation.  Previously, Ms. Weinstein served as the program director for the Los Angeles office of Arts Arbitration and Mediation Services at California Lawyers for the Arts and as an adjunct clinical professor of mediation at the Straus Institute for Dispute Resolution at Pepperdine School of Law. In 2015, Ms. Weinstein was the president of the Southern California Mediation Association. Throughout her career, Ms. Weinstein has mediated a wide range of state and federal matters including employment discrimination, wage and hour, commercial, real estate, and family disputes. 


Sandra Dawn Grannum is a Partner in the Litigation Group at Drinker Biddle & Reath LLP where she is co-chair of the Commercial Litigation Team and is a Managing Partner of the Firm.  She concentrates her practice on securities, broker/dealer arbitration, litigation, mediation and regulatory defense. Sandy has written and lectured widely on securities and ethics issues. She has developed compliance programs in response to Dodd-Frank and Sarbanes-Oxley legislation, and is now assisting in preparing clients for SEC Regulation Best Interest and Interpretation RIA. She chairs the full-day PLI Securities Arbitration Seminar conducted annually in New York City and regularly speaks at the SIFMA C&L Annual Conference, ABA Conferences and on other CLE programs addressing securities and employment law. Sandy was one of 13 individuals on the FINRA Dispute Resolution Task Force. FINRA impaneled this group to collaborate and suggest strategies to enhance the transparency, impartiality, and efficiency of FINRA's securities dispute resolution forum for all participants. On December 16, 2015, the task force issued its recommendations detailed in the Final Report and Recommendations of the FINRA Dispute Resolution Task Force. Sandy earned her law degree from Harvard Law School and her bachelor’s degree from New York University. She began her career as a litigation associate at the New York law firm of Cravath, Swaine & Moore before moving to Tenzer Greenblatt to practice securities litigation. Sandy moved in-house to be an Associate General Counsel handling securities litigation at PaineWebber (now UBS Financial Services) in 1997. In November 2001, she became Senior Vice President and Senior Associate General Counsel in UBS’s Employment Law Unit.  In 2003, she formed her own firm, Davidson & Grannum, with a former PaineWebber/UBS colleague.  She joined Drinker in January 2016.


Sara Soto is a Principal at Bressler, Amery & Ross, P.C., based in its Miami, Florida office.

Sara’s practice encompasses a broad range of business litigation and arbitration matters.  She has represented brokerage firms, banks, corporations and individuals in arbitration and litigation involving customers, employees, partners, shareholders, and other institutions.

Sara offers her clients decades of experience representing broker-dealers in arbitrations brought by customers involving equities, fixed income, structured products, limited partnerships, options, managed accounts, margin and other financial products.  She also navigates clients through regulatory proceedings and internal investigations.

Additionally, Sara represents clients in state and federal court litigation and in arbitrations involving commercial and employment disputes, such as claims for injunctive relief and damages for violation of restrictive covenants, theft of trade secrets, wrongful/constructive termination, whistleblowing, raiding, breach of contract, fraud and tortious interference, among many others.  Sara has also resolved hundreds of business disputes through negotiation and mediation, eliminating both the cost and risk of litigation.  She is valued by her clients for her pragmatic approach toward business litigation.

Sara is also a member of Bressler's Senior and Vulnerable Investor Group. The lawyers in this group have a shared interest in providing counsel to corporate clients who confront issues affecting seniors.

Sara is fluent in Spanish and recently represented a client in an international arbitration that was conducted entirely in Spanish.


Steven B. Caruso, the Resident Partner in the New York City office of Maddox Hargett & Caruso, P.C. (www.investorprotection.com), concentrates his practice on the representation of individual, high net worth and institutional investors in securities arbitration and litigation proceedings.

Mr. Caruso is the Chairman and a public member of the National Arbitration and Mediation Committee (“NAMC”) of the Financial Industry Regulatory Authority (“FINRA”); former Chairman of the Discovery Task Force Committee of FINRA; former member of the Nasdaq OMX BX Arbitration Committee; former member of the Securities Investor Protection Corporation  (SIPC) Modernization Task Force; Director Emeritus and former President of the Public Investors Arbitration Bar Association (“PIABA”); and has testified before the U.S. House of Representatives, Committee on Financial Services, Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises, in March 2012 and September 2010.

Among the publications that Mr. Caruso has authored are An Introduction to FINRA’s National Arbitration and Mediation Committee, The Neutral Corner, FINRA Dispute Resolution, Vol. No. 1 (2018); Post-Settlement Expungements: An Investor Protection Problem that Continues to Wait for a FINRA Solution, Practising Law Institute, Securities Arbitration (September 2017); Non-Attorney Representatives – Do They Present a Clear & Present Danger to the Integrity of FINRA Arbitration, Association of the Bar of the City of New York, New York, N.Y. (May 2017); Arbitrator Disclosures: Requests for Additional Information, The Neutral Corner, FINRA Dispute Resolution, Vol. No. 4 (December 2016); Ethical Implications of the Phantom Designation of Expert Witnesses in FINRA Securities Arbitration Proceedings, Practising Law Institute, Securities Arbitration (September 2016); Definition of a FINRA Customer: To Be or Not To Be – That Is the Ultimate Question, Practising Law Institute, Securities Arbitration (July 2015); Discovery in FINRA Arbitration, The Neutral Corner, FINRA Dispute Resolution, Vol. No. 2 (2015); FINRA Six-Year Eligibility Rule 12206: The Purchase Date is Often Not the Triggering Occurrence or Event Giving Rise to the Claim, PIABA Bar Journal, Volume 20, No. 1 (September 2013); All Public Arbitrator Panels: A More Level Playing Field, Practising Law Institute, Securities Arbitration (August 2013); Arbitrator Challenges Under the FINRA Code of Arbitration Procedure for Customer Disputes, Practicing Law Institute, Securities Arbitration (August 2010); The Mandatory Industry Arbitrator: An Endangered Species on the Precipice of Extinction, Practising Law Institute, Securities Arbitration (August 2009); Sunshine May be the Best Disinfectant for What Ails Securities Arbitration: A Discussion of the 2008 SICA Empirical Study of Fairness, Practising Law Institute, Securities Arbitration (August 2008); Effective Closing Statements From the Perspective of Counsel for the Customer-Claimant, New York State Bar Association, Securities Arbitration 2007 (November 2007); Essential Principles for Honorable Arbitrators, Practising Law Institute, Securities Arbitration (August 2007); Motions to Dismiss: A Predatory Tactic That Must be Extinguished, Association of the Bar of the City of New York, New York, N.Y. (June 2007); Ethical Standards for Securities Arbitrators: A Statistical Perspective of Potential Partiality (Bias), Practising Law Institute, Securities Arbitration (August 2006); Arbitrator Training in the Securities Dispute Arena, The Review of Securities & Commodities Regulation (January 2005); Discovery Objections Which are Irrelevant, Unduly Burdensome and are Reasonably Calculated to Lead to the Concealment of Admissible Evidence, New York State Bar Association, Securities Arbitration 2004 (October 2004); Model Arbitrator Instructions: Luxury or Emerging Necessity, Practising Law Institute, Securities Arbitration (August 2004); Ethical Considerations in Settlement Agreements, Association of the Bar of the City of New York, New York, N.Y. (June 2004); Examination of the Adverse Broker: Unimpeachable Questions with an Internet Twist, Practising Law Institute, Securities Arbitration (August 2001); On-Line Trading: The New Frontier, Practising Law Institute, Securities Arbitration (July 1999); and NASD Arbitration Discovery Procedures : Knowing Your Customer From the Securities Professional Perspective, American Bar Association, Section of Litigation, Committee on Securities Litigation (August 1995).


Tracey Salmon-Smith is a partner at Drinker Biddle & Reath LLP in the Commercial Litigation Group/Broker-Dealer Team. She assists clients in complex commercial disputes, including class and collective actions, and internal investigations. In the securities space, Ms. Salmon-Smith represents broker-dealers before the Financial Industry Regulatory Authority (FINRA) in arbitrations and mediations related to allegations of fraud, misrepresentation and unsuitability.  She also handles regulatory and expungement proceedings.  As an employment litigator, Tracey has defended corporate clients against claims related to age, race and gender discrimination, workplace sexual harassment, whistleblowers, and wrongful discharge.  She also advises clients on e-discovery and information management issues. Previously, Ms. Salmon-Smith served as Director and Associate General Counsel at UBS Financial Services Inc., and served seven years as an Assistant United States Attorney for the Eastern District of New York (EDNY).  During her time as an assistant U.S. attorney, Tracey served as both the Acting Chief of Environmental Litigation and the Chief of Bankruptcy.


Allison D. Patton has been with Morgan Stanley and its predecessor firms for over 30 years.  Allison graduated from Georgia State University with a BA in Finance while working in the financial services industry.  After graduating from Georgia State University law school, Allison joined the Atlanta law firm of Rogers & Hardin, representing brokerage firms in litigation, arbitration and regulatory matters.  In 1996, she returned to Morgan Stanley as a staff attorney in the Florida Litigation Unit.  In 2006 Allison became Head of the Florida Litigation Unit.  She is currently Head of Client Litigation for Morgan Stanley Wealth Management, responsible for handling customer complaint intake and responses, subpoenas, customer litigation and arbitration matters, regulatory investigations, enforcement matters and internal investigations. 


Benjamin J. Biard focuses his practice on securities litigation, securities regulation and commercial litigation. Mr. Biard has extensive experience representing broker-dealers, registered investment advisors, registered representatives, insurance brokers and hedge funds throughout the United States in a wide array of customer and industry disputes in federal and state courts, as well as before the Financial Industry Regulatory Authority (FINRA) Dispute Resolution. Additionally, Mr. Biard represents clients in regulatory actions before FINRA Department of Enforcement and the U.S. Securities and Exchange Commission (SEC). Mr. Biard also assists clients in commercial litigation and transactional matters.

Prior to joining Winget, Spadafora & Schwartzberg, LLP, Mr. Biard was the head of the securities litigation and regulatory practice in the Miami office of an Am Law 100 international law firm. Mr. Biard also previously served as in-house trial counsel at Merrill Lynch, Pierce, Fenner & Smith Incorporated in New York City and Miami. During his time in-house, Mr. Biard gained first-hand knowledge of what clients expect from their outside counsel to ensure effective litigation. Mr. Biard also draws on his experience to counsel clients on market and regulatory changes that could impact their business.

Mr. Biard is admitted to practice law in Florida. He is also admitted to the Florida State Bar, the U.S. Court of Appeals, Eleventh Circuit and the U.S. District Court, Middle, Northern and Southern Districts of Florida. Mr. Biard is a member of the Securities Industry and Financial Markets Association ("SIFMA"), Legal and Compliance Division, a Board Member of the Florida Securities Dealers Association ("FSDA"). Mr. Biard has also been selected to Florida's Super Lawyer Rising Stars for years 2012, 2013 and 2014.

Mr. Biard graduated from Florida State University where he earned his B.S., the University Of Baltimore Merrick School Of Business, where he earned his M.B.A. and the University of Baltimore School of Law, where he received his J.D.


Bert H. Ware is Of Counsel in the Boston, Massachusetts, office of Jackson Lewis P.C.  With 34 years of experience, he has 20 years of senior in-house experience at Bank of America Merrill Lynch and its predecessor institutions, and extensive experience as outside counsel in delivering strategic and tactical advice, counseling, and guidance to C-Suite and other senior executives, HR professionals, and staff support function executives concerning a very broad range of employment-related issues.

Mr. Ware’s in-house and private practice experience includes the portfolio-based and single matter-defense of single- and multi-party employment-related litigation in federal and state courts, before federal and state fair employment practice agencies, as well as before AAA and FINRA arbitral panels, related conciliations, settlement and resolution negotiations, and mediations.

He also has substantial practical in-house experience in designing and implementing enterprise-wide or business unit-specific on-boarding, senior executive contract negotiation, design, drafting, and execution, and background screening programs in coordination with sourcing and internal staffing teams, and corporate security organizations for existing business structures as well as in the context of M&A acquisitions and integrations.  Mr. Ware’s experience extends to senior executive performance management issues, the design and implementation of employee retention and goal achievement strategies during spin-offs, divestitures, or wind downs, off-boarding, RIFs, separation agreements, proactive protection, support of cyber-forensic review, and recapture of intellectual property, related strategies, negotiations and execution.

As a part of Jackson Lewis’ Corporate Governance & Internal Investigations practice group, Mr. Ware works with clients on both neutral third-party independent and client-directed internal investigations of alleged misconduct related to discrimination, bullying, harassment, hostile work environment, retaliation, threats of violence, and unprofessional workplace conduct issues.

Mr. Ware assists clients as a part of Jackson Lewis’ Corporate Diversity Counseling practice group in diversity representation, complex civil rights reviews and employment law audits, as well as dispute resolution, investigations and the defense of class action lawsuits involving allegations of race-, gender-, and age-based discrimination and harassment law.

In addition, Mr. Ware works closely with clients with regard to confidential litigation assessments, internal legal vulnerability assessments, and assists clients in developing “best practice”, benchmarking, and diversity enhancement action plans.


Cheryl Agris is an arbitrator and mediator located in New York, NY.  In view of her experience and scientific background, since 2000, Dr. Agris has been called upon to act as a neutral in a variety of commercial/technology disputes. She has taken training as an e-discovery neutral and is a fellow of the American College of e-Neutrals.

Dr. Agris has been listed with the International Chamber of Commerce and USCIB as an Arbitrator and Mediator since 2004.  Additionally, Dr. Agris is a member of the International Institute for Conflict Prevention & Resolution (CPR) Biotechnology, Healthcare and Life Sciences, Trademark and Technology Panels (2009-present); American Arbitration Association’s Commercial, Large Complex Case, Mergers and Acquisitions and Mediation Panels (2003-present as a AAA panelist); National Futures Association (NFA) Arbitrator (2002-present); FINRA Arbitrator (2000-present) and FINRA mediator (2017-present); and World Intellectual Property Organization’s List of Mediators and Arbitrators (2004-present).  Dr. Agris has also served as a Member of the Westchester County Attorney Fee Dispute Resolution Arbitration Panel (2004-2016) and Arbitrator for the Westchester Mediation Center’s Lemon Law Program (administered by NYSDRA) (2004-2009); Mediator for NJ Supreme Court (Hudson, Union, Essex, Bergen, Middlesex, Monmouth counties) 2009-present); Panelist on the EDNY Mediation and Arbitration Panels (2004-present); Member of NY Supreme Court, Commercial Division Mediation Panels (NY, Westchester, Suffolk and Queens Counties) (2004-present); Special Master for 1st Department, Appellate Division, NY Supreme Court (2009-2012).  Beyond serving as an arbitrator and mediator, Dr. Agris belongs to the ADR committee of the American Intellectual Property Law Association, is a member of the Alternative Dispute Resolution Committee of the New York City Bar and was a member of the Executive Committee and served as co-chair of the Website and Technology Resources committee of the Dispute Resolution section of the (NYSBA).  Dr.  Agris has received over 200 hours of training in arbitration and mediation practice and has written and lectured extensively in the ADR field.

In addition to serving as an arbitrator and mediator, Dr. Agris is a registered patent attorney and has been involved in the intellectual property field for over 30 years. She is currently a partner in Agris & von Natzmer, LLP , whose practice encompasses all aspects of intellectual property law with special emphasis on biotechnology, pharmaceutical and chemical patent practice and in particular includes preparing and prosecuting U.S. patent applications (over 270 issued patents to date), overseeing the filing and prosecution of foreign patent applications, conducting reviews of IP portfolios for strategic planning and due diligence studies, conducting patent and literature prior art searches, preparing patentability, validity and infringement opinions, preparing and reviewing agreements (e.g, licensing, collaboration, consortium, consulting and confidentiality agreements), and drafting and prosecuting trademark applications.  She is the principal author of the Practitioner’s Manual of Patent Examining Procedure and Patent Practitioner’s Guidelines, published by Thomson-Reuters.  Dr. Agris, in addition to being a registered patent attorney is admitted to practice in New York, New Jersey and the Southern and Eastern Districts of New York.

Dr. Agris received a B.A. in Chemistry from Goucher College, a Ph.D. in Biochemistry from the Johns Hopkins University and a J.D. from Brooklyn Law School.  Previous positions have included Research Fellow, Sloan Kettering Institute,  Law Clerk and Patent Agent, Biotechnology group, Pennie and Edmonds and Patent Attorney, Novo Nordisk of North America. 

 


Christine M. Lazaro is a Professor of Clinical Legal Education and the Director of the Securities Arbitration Clinic at St. John’s University School of Law.  The students in the Clinic represent investors in arbitration claims against brokerage firms and brokers on a pro bono basis.  Professor Lazaro also teaches Broker-Dealer Regulation and Business Basics at St. John’s, and is a faculty advisor for the Corporate and Securities Law Society.  She joined St. John’s in 2007 as a Supervising Attorney for the Clinic.  Professor Lazaro is also currently Of Counsel to the Law Offices of Brent A. Burns, LLC, where she consults on securities arbitration and regulatory matters. 

Professor Lazaro has been a member of the Public Investors Arbitration Bar Association (PIABA) since 2008.  She currently serves as the President of PIABA and on the Board of Directors.  Professor Lazaro is also a member of the New York State Bar Association, and serves on the Association’s Securities Litigation and Arbitration Committee. 

Professor Lazaro holds a B.A. from New York University and a J.D. from Fordham Law School.  After graduating from law school and prior to joining St. John’s, she was an associate at Davidson & Grannum, LLP, representing broker-dealers and individual brokers in disputes with clients in both arbitration and mediation, and handling employment law cases and debt collection cases.  She also advised broker-dealers regarding investment contracts they had with various municipalities and government entities. 

She speaks and writes regularly on the topics of securities arbitration and the duties of brokers and brokerage firms. 


Courtney is Lead Counsel within the Broker-Dealer and Investment Adviser practice group at MassMutual.  In this role, she is the primary regulatory attorney on FINRA and state securities matters that impact MassMutual’s retail broker-dealer, MML Investors Services, LLC.  She also provides general consultation and advice to her broker-dealer and compliance clients on issues relating to U4/U5 and 4530 questions, books and records, seniors, and other regulatory-related topics that arise.

Before joining MassMutual, Courtney was an industry litigator for over 14 years as both in-house and outside counsel.  She has represented broker-dealers and brokers in customer and industry disputes before FINRA’s Dispute Resolution Forum. In addition, she currently serves on FINRA’s National Arbitration and Mediation Committee.

Courtney has been passionate about advancing diversity throughout her career. She is the Vice-Chair of Passages Business Resource Group, which focuses on issues relating to the advancement, retention, and development of Black and African-American employees at MassMutual.  She was a 2017 Fellow with the Leadership Council on Legal Diversity. Also, she served on the executive board for Minnesota Association of Black Lawyers and was an adjunct at William Mitchell College of Law in St. Paul, Minnesota (now known as Mitchell Hamline School of Law.)  


I am presently retired from law practice. I had practiced law in New Haven and Hamden, CT for over forty years. My concentration was been general civil practice, including litigation, real estate, wills and probate and administrative law.  I represented many parties in litigation of all types, such as civil court and jury trials, administrative appeals, domestic relations and landlord tenant matters.  My litigation experience included civil and criminal cases, trials and appearances in the Connecticut Appellate Court and Supreme Court, U.S. Second Circuit Court of Appeals and Bankruptcy Court.   I also represented the Town of Hamden, CT and City of New Haven, CT in private practice in cases involving municipal taxation, condemnation, assessment appeals and land use issues.

I have engaged in the following Arbitration and Mediation Activities:

  • Court-Annexed Arbitrator and Factfinder in the Connecticut Superior Courts for twenty       years.
  • Former Hearing officer for the Connecticut Commission on Human Rights and Opportunities.
  • Arbitrator for the American Arbitration Association and ADR Center, Hartford, CT, having heard both commercial and employment cases.
  • Member or the panel of arbitrators for the FINRA securities arbitration.
  • Public arbitrator on the interest arbitration panel under the Teacher Negotiation Act.
  • Hearing Officer for the Connecticut Department of Education, Connecticut Office of Early Childhood and local Boards of Education.

My Educational Background is as follows:

  • Clark University, A. B. 1968
  • Columbia University Law School, J. D. 1971


In addition to his CPR/ADR work, which is further detailed below, Greg Libertiny is Managing Partner at NBT Associates LLC, a partnership of experienced, C-level executives supporting clients with their transactional (e.g. mergers & acquisitions, “make-ready,” integration) and transformational (e.g. operational excellence, turnaround) initiatives. He also leads a peer-to-peer advisory group on behalf of Vistage, an organization of more than 23,000 members recognized globally for helping CEOs and key executives outperform the competition.

CPR/ADR –

On the CPR/ADR front, Greg has been actively involved in the Conflict Prevention & Alternative Dispute Resolution (CPR/ADR) arena in one form or another during a substantial part of his career. This includes 20+ years of global Fortune 50 experience primarily as a troubleshooter and problem solver. Selected affiliations supporting Greg’s CPR/ADR activities include:

  • FINRA arbitrator (since 2010) & mediator (since 2017) - (http://www.finra.org/).
  • Court Approved Mediator - New Jersey Civil, General Equity and Probate Cases (since 2009).
  • Member, New Jersey Association of Professional Mediators since 2009 (http://www.njapm.org/).
  • Member, Bergen County Peer Consultation Groups for Civil and Family CPR/ADR (since 2008).
  • Former Co-chair of the “CPAs in CPR/ADR Committee” on behalf of the International Institute for Conflict Prevention & Resolution (https://www.cpradr.org/).
  • Member, American Institute of CPAs (https://www.aicpa.org/) and its Forensic & Valuation Services section which houses the CPR/ADR practice management area for CPAs.
  • Certified Public Accountant (NY) and member of the New York State Society of CPAs (https://www.nysscpa.org/).
  • Accredited in Business Valuation (ABV); credentialed since 2006.
  • Certified in Financial Forensics (CFF); credentialed since in 2007.

Additional Background –

Greg has crafted and/or led businesses globally through all lifecycle phases - from inception through acquisition, merger, restructure and / or sale. His international experience is extensive and spans much of the globe including parts of Asia, Europe, the Middle East, the Caribbean and the Americas, having worked in 75+ countries. It was in these environs that Greg earned his reputation as a creative problem-solver, change catalyst, and first-rate negotiator who interacted seamlessly with political and business leadership in challenging circumstances and locations and led him to pursue deeper involvement in the CPR/ADR profession.

Career leadership roles have included Chief Executive Officer (CEO), president, Chief Operating Officer (COO), Chief Financial Officer (CFO), Chief Restructuring Officer (CRO), Partner and more. Greg can be reached by contacting his office at 1 201 686 3700 or by sending an email to glibertiny@verizon.net

 


Kenneth Crowley is an Executive Director at UBS AG, where he has worked since 2001.  As a member of the Americas Litigation Group and the head of the WM US Litigation Group Ken oversees the Firm's defenses in a wide range of securities litigations, including class actions, complex court matters and hundreds of sales practice arbitrations. Prior to joining UBS Ken was a senior litigator at Simpson Thacher & Bartlett, where he handled large complex commercial litigations and internal investigations. Ken began his legal career in 1988 as an Assistant District Attorney in the New York County District Attorney's Office under Robert M. Morgenthau, where he was lead counsel in several felony jury trials and also argued over a dozen appeals before the New York Appellate Division. He received a JD from the NYU School of Law in 1988, and a BA from Yale in 1983.

 


Marcia Adelson’s practice is limited to alternate dispute resolution.  She is an active mediator and has mediated more than 50 cases, primarily employment and commercial disputes. 

She is on the Southern District of New York, New York City Supreme – Commercial Division, Westchester County Supreme – Commercial and FINRA mediation panels. As a member of the Eastern District of New York’s Mediation Advocacy Program, she serves as counsel for pro se plaintiffs for the limited purpose of mediation.  Currently she is serving a two year term as a member on the Southern District of New York Mediation Advisory Council where she is working to improve the structure and outcomes in the use of mediation by the court. 

She is also on the American Arbitration Association Commercial and Consumer Arbitration Panels, is a non-public arbitrator for FINRA and is on the NFA Panel of Arbitrators.  Prior to focusing on alternate dispute resolution, Ms. Adelson was a commercial litigator for more than ten years.  She represented customers and employees of financial services organizations. 

She also ran a successful financial planning business in which she achieved a 95 percent client satisfaction rating, among the highest ranking of the more than 10,000 financial planners in the organization. She is admitted to the New York State bar and is a graduate of Swarthmore College, Columbia University, Graduate School of Business and Pace University, School of Law.  Her contact information is marcia@marciadelsonlaw.com.  Phone: 917-699-3685. 

 


Mr. Bakhtiari represents clients in securities disputes before FINRA (NASD, NYSE), state and federal courts. He served on the Board of Directors of the Public Investors Arbitration Bar Association (PIABA) from 2008 to 2013 and served as President for the 2011 to 2012 term. PIABA is a nationwide organization of securities lawyers that represent investors in disputes with the financial service industry.

In June 2013, Mr. Bakhtiari was named Chairman of the National Arbitration and Mediation Committee (“NAMC”) of the Financial Industry Regulatory Authority (FINRA). The NAMC is an advisory group that makes recommendations on rules, regulations and procedures governing FINRA arbitration, mediation and dispute resolution. In June 2011, Mr. Bakhtiari was nominated to serve as a public member of the Nasdaq OMX BX Arbitration Committee, which is the advisory group that provides recommendations on rules, regulations and procedures governing arbitrations, mediations and dispute resolution for the Nasdaq and Boston Stock Exchanges. In 2009, Mr. Bakhtiari was nominated to serve as a public member of the National Arbitration and Mediation Committee of FINRA.

Mr. Bakhtiari served on the faculty of the Practicing Law Institute (2012, 2014, 2015, 2016 and 2017) and New York City Bar Association's presentation of Securities Arbitration and Mediation Hot Topics (2012). Mr. Bakhtiari is a past member of the board of editors, managing editor of the PIABA Bar Journal and edited the “Recent Arbitration Awards” column covering significant NASD and NYSE arbitration awards.

Mr. Bakhtiari has spoken at the Public Investors Arbitration Bar Association annual meeting, California mid-year meeting, authored and co-authored several articles. He was a teaching assistant and extern to the Honorable James N. Barr, United States Bankruptcy Judge for the Central District of California and presently serves as a FINRA securities arbitrator.

In addressing investors right's issues, Mr. Bakhtiari has been quoted by the press in publications that include the New York Times, Wall Street Journal, Bloomberg, Los Angeles Times, Reuters, Dow Jones Business News, NY Post, Los Angeles Business Journal, The American Banker and Cleveland Plains Dealer.

Mr. Bakhtiari was recognized from 2014 to 2019 as a Southern California Super Lawyer. Between 2005 and 2013 he was recognized as a Southern California Super Lawyer Rising Star.


Nicole G. Iannarone is an assistant professor of law at Drexel University Kline School of Law.  She focuses her scholarship on retail investor protection and the regulation and duties of service professionals, including lawyers and advisers in the financial services sector.  Iannarone teaches Business Organizations, Civil Procedure, Complex Litigation, Business Arbitration, and Professional Responsibility. Prior to joining Drexel, Iannarone founded and directed the Investor Advocacy Clinic at Georgia State University College of Law where law students under supervision represented small investors with claims against their brokers in FINRA arbitration proceedings.  A graduate of Yale Law School, Iannarone was a partner and deputy general counsel at Bondurant Mixson & Elmore LLP in Atlanta, GA, where she practiced for nearly a decade representing plaintiffs and defendants in complex commercial litigation. Iannarone is the past president of the Atlanta Bar Association, immediate past chair of the State Bar of Georgia’s Professionalism Committee, and a member of the FINRA National Arbitration and Mediation Committee (NAMC).  Iannarone has been named a “Local Litigation Star” by Benchmark Plaintiff, was named a Rising Star attorney by Super Lawyers, received the Atlanta Council of Younger Lawyers Kerry Harike Joedecke Atlanta Young Lawyer of the Year Award, and received the Brenau Women’s College Young Alumnae Award.  In law school, Iannarone was an editor of the Yale Journal on Regulation, served as a dean’s advisor and was a student director of the Housing and Community Development Clinic. She is a summa cum laude graduate of Brenau Women’s College.


Peter J. Mougey is recognized as one of Florida’s top 100 trial lawyers, a Florida Super Lawyer in securities litigation, and is a past president of the national securities bar association PIABA (“Public Investors Arbitration Bar Association”). In addition, Mr. Mougey has also been rated AV Preeminent by his peers through Martindale-Hubbell. He is a shareholder with Levin Papantonio and is head of the Securities and Business Litigation Department. Mr. Mougey concentrates his practice in the areas of complex litigation, financial services and securities litigation, and whistleblower or qui tam litigation, with a particular focus on representing governmental and sophisticated entities. Mr. Mougey has represented approximately 700 state, municipal, and institutional entities, as well as tribal sovereign nations, in litigation and arbitration. In addition, he has represented more than 3,000 individual fraud victims in state and federal court and arbitrations across the country.

Mr. Mougey frequently lectures on issues confronting the legal and business industry including Broker-Dealer Regulation, Structured Finance, the Dodd-Frank Wall Street Reform Act, Discovery in Securities Arbitration, Quantitative Modeling, and bringing actions on behalf of the government. He is frequently quoted in the national press on securities matters, including The Wall Street Journal, Forbes, New York Times, The Los Angeles Times, Barron’s, Kiplinger, Business Week, and Investment News.

Both a past president and member of the Board of Directors of PIABA, Mr. Mougey has also served as Chairman of PIABA’s NASAA Committee, PIABA’s Executive Committee and PIABA’s Improving Arbitration Task Force. Currently, Mr. Mougey serves on the PIABA Foundation charged with educating investors.  He is an advocate for consumer and investor protection and has presented investors to the SEC as a member of FINRA’s Arbitrator Training Task Force. In recognition of his long-term and sustained dedication to promote the interests of investors, he received the PIABA Lifetime Distinguished Service Award from his peers.

Mr. Mougey received his Bachelor of Science in Business Administration, majoring in Finance, from Creighton University. He earned a Master of Business Administration from the University of Portland and graduated from Samford University’s Cumberland School of Law.

In addition to his law practice, Mr. Mougey is active with several charities and his local community. He served as President for the “The Arc” (the largest national community-based organization advocating for people with intellectual and developmental disabilities) and as Chairman of several Arc committees. He was given The Arc President’s Award as Volunteer of the Year.  He has served on the Board of Directors for his church, on the Cabinet for the United Way, and as a Junior Achievement instructor in economic business simulation.  Mr. Mougey was selected to participate in Leadership Pensacola.


Stefanie Kendall is a Principal Analyst in FINRA’s Office of Dispute Resolution. Stefanie joined the Office of Dispute Resolution in 2014 as a Neutral Management Coordinator, and was responsible for vetting new arbitrator applicants and assisting arbitrators in the management of their Arbitrator Disclosure Reports. Stefanie was promoted to Regional Operations Manager for the Northeast Regional Office in January 2016.  She moved into her current position in December 2016.  As a Principal Analyst in the Case Administration group, Stefanie is responsible for external communication and education, developing new staff procedures and training modules in response to new or updated FINRA rules, and monitoring the enforcement of arbitration awards.  Stefanie enjoys traveling, practicing yoga, reading, and spending time with her friends and family.

Ms. Kendall is a graduate of Hofstra University’s Maurice A. Deane School of Law (J.D., 2014), and CUNY College of Staten Island (B.A., 2010).  She is admitted to practice law in New York and New Jersey.


Teresa J. Verges joined the University of Miami School of Law faculty in the fall of 2011. She is the founding director of Miami Law’s Investor Rights Clinic, which launched in January 2012. The Clinic represents investors who have claims against their brokers in arbitration proceedings before FINRA, but whose claims are too small for them to be able to find legal representation.

Professor Verges supervises the students at the Clinic and teaches a seminar on the substantive law of securities arbitration, broker-dealer regulation, professional responsibility and practical skills allowing the students to undertake all aspects of client representation.

Prior to joining the School of Law’s faculty, Professor Verges served as Assistant Director of Enforcement for the Securities and Exchange Commission at the Miami Regional Office, where she led investigations of potential violations of the federal securities laws, including cases involving financial fraud, pay-to-play and municipal securities offerings, market manipulation, insider trading, offering fraud, violations by broker-dealers and investment advisers, and violations of the Foreign Corrupt Practices Act. Before her appointment as Assistant Director, Professor Verges served as Regional Trial Counsel, where she supervised litigation of civil injunctive actions and administrative proceedings instituted by the SEC’s Miami Office.

While at the Commission, Professor Verges led the investigative or litigation teams on some of the most significant cases brought by the SEC, and received awards and recognition for her  work, including the SEC’s 2011 Arthur F. Matthews Award.  Ms. Verges has been recognized as one of “The Top Government Attorneys” in South Florida Business Guide, 2004-2009 is a 2009 Recipient of noted “Florida Legal Elite Government Attorney” in Florida Trend. Ms. Verges was also selected for Women of Color Magazine’s 2010 Top Women in Finance.

Prior to joining the Commission in 1998, Ms. Verges was in private practice for 8 years in Chicago and Miami.  Ms. Verges has an undergraduate degree from Elmhurst College (1985) and a law degree with highest honors from DePaul University College of Law, Chicago, Illinois (1989).

Ms. Verges has published articles and participated on panels discussing securities arbitration, SEC investigations and enforcement, regulation of financial intermediaries and ethical issues in securities litigation and arbitration. She served on FINRA’s National Arbitration and Mediation Committee from 2014-2018.