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Howard Eilen
Howard Eilen

Senior Mediator

Senior MediatorThis mediator has at least 100 hours of mediation training, 500 hours of mediation experience, agrees to take part in at least 12 hours per year of continuing mediation education, and subscribes to Mediate.com's required standards of mediation practice.Premium Member

Howard Eilen

Since 1992, I have successfully mediated over 3,000 cases and claims, including group claims, involving a multitude of diverse customer and employment matters filed against both national and regional brokerage firms, and financial institutions, alleging and/or involving annuities and insurance products, Ponzi schemes, private placements, REITS, churning, suitability, fraud and omissions, wrongful termination, defamation, corporate raiding and unfair competition, hedge funds, ERISA, CMO’s,  structured products, options, commodity futures and SWAPS.


I am a founding partner of the law firm Lehman & Eilen LLP in Uniondale, NY (www.lehmaneilen.com). I have over 45 years of extensive practical and legal experience in the commodities, securities and financial services arenas.  I have successfully prosecuted and defended claims filed in court and arbitration against brokers and other registrants arising under the federal securities and commodities laws, state Blue Sky laws, as well as the Racketeer Influenced and Corrupt Organizations Act. I have represented firms and individuals in enforcement proceedings and investigations conducted by the Securities and Exchange Commission, Commodity Futures Trading Commission, New York Stock Exchange, FINRA and state regulators.

ADR Experience

I have over thirty (30) years of mediation experience, with the last twenty on a full-time basis. In addition to cases filed against brokerage firms, banks and financial institutions,  I also mediate commercial cases involving shareholder, corporate and partnership disagreements and dissolutions, professional liability, breach of contract, covenants not to compete, trade secrets and unfair competition.

I have served as a Special Master in the New York State Court System where I supervised discovery in a major securities fraud class action matter, and ultimately mediated a global settlement

I was appointed  by the Securities Commissioner of the Commonwealth of Massachusetts to administer and mediate an entire class of customer claims against a major brokerage firm pursuant to a Consent Order.

I was also appointed as a special arbitrator by the Securities Commissioner of the State of New Hampshire to determine and decide a sales practice issue with respect to a securities offering to its state residents.

 

Approach

My approach to mediation is principally evaluative and “hands on”. I am always FULLY prepared for every case and do read the materials submitted by counsel.

I deal with complex legal issues on a regular basis, and of course the facts as they exist. I genuinely care about the litigants on BOTH sides, and their respective needs and concerns.  I work zealously yet compassionately within that framework, to help effectuate a fair resolution and closure.

I do not require nor do I encourage opening statements unless specifically requested by the parties. My settlement rate is well over 90% and the majority of cases settle at the initial session.

Education

B.A., M.A. City University of New York.
J.D. St. John’s University.

Areas Of Practice

  • Business
  • Civil (general)
  • Commercial
  • Contracts
  • Insurance
  • Legal Malpractice
  • Online Mediation
  • Partnership
  • Professional Fees
  • Securities
  • Trust Management

Additional Services

  • Arbitrator
  • Collaborative Professional
  • Facilitator
  • Mediating Lawyer
  • Mediation Consultant
  • Mediator-Arbitrator
  • Online Arbitrator

Fees and Provisos

I generally bill by the hour.  I do travel on select cases.

Professional Associations

  • NY County Lawyers Association - Dispute Resolution
  • NY State Bar Association - Dispute Resolution
  • FINRA - Financial Industry Regulatory Auth.
  • NADN - Nat. Acad. of Distinguished Neutrals, Charter Member

Publications & Presentations

  • Contributing Author and Lecturer: Ponzi Schemes, How to Spot Them and What to do About It, Nassau County Bar Association, Academy of Law.
  • Panelist, Advanced Mediation Workshop-Special Topics: Group Cases and Retirees, Securities Industry and Financial Markets Association.
  • Contributing Author and Lecturer, Securities Arbitration and Mediation: Breaking the Deadlock- Impasse Breaking Techniques, New York State Bar Association.
  • Contributing Author and Lecturer: Securities Arbitration. Practicing Law Institute in New York.
  • Contributing Author and Lecturer: Mutual Funds, Fee-Based Accounts and Other Suitability Land Mines, Financial Planning Association of Long Island
  • Contributing Author and Lecturer: Accountants as Registered Reps, Regulatory and Liability Issues, New York State Society of Certified Public Accountants, Foundation for Accounting Education.
  • Contributing Author and Lecturer: Securities Mediation Advocacy: Prosecuting & Defending Customer Claims Against Stockbrokers, Pennsylvania Bar Institute.
  • Contributing Author and Lecturer: Current Trends in Securities Arbitration and Mediation, Nassau Academy of Law.
  • Contributing Author and Lecturer: Securities Arbitration, Winning Trial and Settlement Techniques in a Declining Market, Nassau Academy of Law.
  • Contributing Author and Lecturer: Securities Arbitration: Summary Judgment Motions in Securities Arbitration, Nassau Academy of Law.
  • Contributing Author and Lecturer: Securities Arbitration, Prosecuting and Defending a Securities Arbitration Case, Nassau Academy of Law.
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