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.
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.
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.
B.A., M.A. City University of New York.
J.D. St. John’s University.
I generally bill by the hour. I do travel on select cases.