About The Frim

Lipner, A Study of Arbitration Recovery Statistics, The Neutral Corner (NASD Newsletter to arbitrators), April 2007 (see also Chapters in Books, infra)

Lipner, Dispute Resolution: From Torah to Talmud to Today, 16 Review of International Arbitration (Columbia Law School) pp.315-322 (2007)

Lipner, Using Pattern Jury Instructions in Arbitration, 12 PIABA L.J., 3-9 (2006)

Lipner, Statutes of Limitations in New York, Measuring, Tolling and Shortening, 13 PIABA B.J., No. 1, pp 2 - 7 (2006)

Lipner, The Courts Finally Decide Who Decides, 12 PIABA B.J. No.1, pp.6-10 (2005)

Lipner, Exculpatory Agreements Involving Fiduciaries, 11 PIABA B.J. No.4, pp. 2-4 (2004)

Lipner, Investment Managers, Fiduciary Breaches and Over-Concentrated Accounts, 11 PIABA B.J. No.3, pp. 2-6 (2004)

Lipner, Some Thoughts on Arbitration, Arbitration Practice and PIABA, 11 PIABA B.J. No.2, pp. 3-5 (2004)

Lipner, Vacatur in New York: Arbitrator Misconduct, 11 PIABA B.J. No.1, pp. 23-27 (2004)

Lipner, Some Old New York Damages Cases That Just Might Apply Today, 10 PIABA B.J. No.3, pp. 2-4 (2003)

Lipner, Phony as a $3 Bill: Attorney Issued Discovery Subpoenas In Arbitration, PIABA Bar Journal, Vol. 10, No.2, at p.2 (2003)

Lipner, Jurisdiction and Arbitration, PIABA Bar Journal, Vol. 10, No.1, at p. 3 (2003)

Lipner, Fraud in the Inducement: Claims Can Be Made Against Brokers (and Lawyers), PIABA Bar Journal, Vol. 9, No.4, at p.24, (2003)

Lipner, The Impropriety of Confidentiality Orders in Securities Arbitration, PIABA Bar Journal, Vol.9, No.3, at p. 3 (2002)

Lipner, Of Broker Dealers, Investment Advisors and Exculpatory Contracts, PIABA Bar. Journal, Vol.9, No.2, at p.13 (2002)

Lipner, The Easter Bunny, the Self-Critical Analysis Privilege, and Other Figments of the Securities Industry's Imagination, PIABA Bar Journal, Vol.9, No.1, at p.11 (2002)

Books

Lipner, The Perfect Storm Defense; Bad Metaphor, Bad Defense, Chapter in SECURITIES ARBITRATION 2007, edited by David E. Robbins, Practicing Law Institute, 2009

Lipner, LAW & INTERNATIONAL BUSINESS, Linus Publications (2007) approx 400 pages

Lipner & Long, Securities Arbitration Desk Reference, Thompson/West (2008-2009 edition)

Friedman, Hildebrand & Lipner, A VENDOR'S GUIDE TO COMPUTER CONTRACTING, Prentice Hall Law and Business, 1994.

Lipner, THE LEGAL AND ECONOMIC ASPECTS OF GRAY MARKET GOODS, Quorum Books, 1990.

Lipner, COMPUTER LAW: CASES AND MATERIALS. (with Stephen Kalman). Merrill Books, 1989.

Chapters in Books

Lipner, The Tort of Giving Negligent Information: Important Investor Protection Under New York Law, Chapter in SECURITIES ARBITRATION 2007, edited by David E. Robbins, Practicing Law Institute, 2007.

Lipner, Reckoning Time in New York, chapter in SECURITIES ARBITRATION 2006, edited by

David Robbins, Practising Law Institute, 2006.

Lipner, Why Arbitration Recovery Statistics are Meaningless, chapter in SECURITIES ARBITRATION 2005, edited by David E. Robbins. Practising Law Institute, 2005 (subsequently featured in "PLI All-Stars" weekly e-message), reprinted in 12 PIABA B.J. No.2, pp. 3-7 (2005)

Lipner, "The Second Report of The Shadow Task Force on Securities Arbitration Reform: The Shadow Returns", chapter in SECURITIES ARBITRATION 2003, edited by David E. Robbins. Practising Law Institute, 2003, reprinted in 10 PIABA B.J. No.4, pp. 2-8 (2003)

Lipner, The Use and Abuse of Subpoenas in Arbitration: a Primer on Third-Party Discovery, chapter in SECURITIES ARBITRATION 2001, edited by David E. Robbins. Practising Law Institute, 2001.

Lipner, Ideas Whose Time Has Come: The Single Arbitrator and Reasoned Awards, chapter in SECURITIES ARBITRATION 2000, edited by David E. Robbins. Practising Law Institute, 2000.

Lipner, Law of Churning, chapter in SECURITIES ARBITRATION 1999, edited by David E. Robbins. Practising Law Institute, 1999.

Lipner, Report of the Shadow Task Force on Securities Arbitration Reform, chapter in SECURITIES ARBITRATION 1997, edited by David E. Robbins. Practising Law Institute, 1997.

Other Notable Writings

Lipner, "The Case Against Restitution", Op-Ed, The New York Times, May 2, 2003 "Victims of the Bull Market", WallStreetPoet.com (guest poet) 2002

Professional Activities

Counseled thousands of investors and financial industry employees about rights and responsibilities in the securities industry.

Represented hundreds of individuals and other entities in arbitration/litigation involving the retail securities industry.

Lectured in numerous fora, including PLI, The ABA, The New York State, City and County Bar Associations, and numerous PIABA Annual Bar Association Meetings, about securities laws, securities industry self-regulation, securities arbitration and the workings of the securities industry.

Lead Counsel for public investors in In re Adler Coleman - the largest SIPC liquidation ever.

Participated in presentations to investigating/reforming bodies, including the House Subcommittee on Financial Services, The NASD Task Force on Securities Arbitration Reform (The "Ruder Commission"), and the NYSE.

Participated in creation and presentation of various arbitrator-training materials used by NYSE and NASD.

Frequent commentator to SEC on NASD/NYSE rule change proposals

Argued numerous leading cases on arbitration law and securities arbitration in the New York Court of Appeals and various intermediate-level state and federal appellate courts.

Authored Amicus Curiae briefs in numerous state and appellate cases on arbitration law and securities arbitration, including in the United States Supreme Court in Shearson v. Mastrobuono.

President, Public Investors Arbitration Bar Association, 1994-95 and 2000-01; Secretary and Member of Board of Directors 1990 - 2005

Member, National Arbitration and Mediation Committee.

National Association of Securities Dealers, 1999-2002.

Member, Board of Editors, Securities Arbitration Commentator, 1999-2001

Contributing Editor, PIABA Bar Journal, 2002-present

Awards and Honors

President’s Award for Distinguished Service to Baruch College, 2007

Faculty Inductee, Beta Gamma Sigma (2004)

Jim Beckley Award, Public Investors Arbitration Bar Association, 2001

Zicklin School of Business Teaching Excellence Award, 2001

Board of Directors, Hildegard Lash Foundation, 1995-present

Academic Activities

Chair, Undergraduate Curriculum Committee, Zicklin School of Business, 1993-present

Chair, College Curriculum Committee, 1998-present

Chair, College Committee on Financial Aid, 1991-92; member 1983-91

Chair, Faculty Advisory Council, Bernard L. Schwartz Communication Institute, 1999 - present

Member, Faculty Advisory Council, Weissman Center for International Business, 1997 - present

Member, Law Dept. Executive Committee, 1997-present

Member, Law Dept. Strategic Planning Committee

Member and Participant, Provost's Seminar on Teaching Ethics, 2003

Developed, taught, and created course and course materials for new course in Law and E-Business.

Created and wrote (unpublished) 500-page book on Law and International Business which is used as course materials for graduate and undergraduate course in the subject.

Developed new course in "Marketing and Law", covering, inter alia, intellectual property, false advertising, consumer law, etc.

Developed new course in "Business Negotiation and Commercial Dispute Resolution."

Chaired faculty-development seminars for new law faculty

Chaired Dean's Task Force on Executive Non-Degree Education, 2003

Member of numerous other School, College and Departmental Committees

Court Admissions

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Herbert M. Deutsch, Esq.

Herbert M. Deutsch, Esq.
1325 Franklin Avenue, Suite 225
Garden City, N.Y. 11530

t: 516-294-8899
f: 516-742-9416
e: herbdeutsch@aol.com

Education

J.D., 1981, Gould School of Law at University of Southern California

B.S., 1978, Cornell University

Areas of Expertise

General Commercial Law

Securities Arbitration

Herbert M. Deutsch, Esq. is a founding partner of Deutsch & Lipner concentrating in general business law and securities arbitration. Mr. Deutsch’s clients range from small family-owned businesses to large construction companies in the New York metropolitan area. Mr. Deutsch also serves as counsel to several not-for-profit and charitable organizations on Long Island.

Mr. Deutsch is a graduate of Gould School of Law at University of Southern California, Los Angeles, California where he was editor-in-chief of the USC Entertainment and Communications Law Journal. He is a graduate of Cornell University, School of Industrial and Labor Relations. Mr. Deutsch is admitted to the bars of both California and New York, the US District Court for the Eastern and Southern Districts of New York, US Tax Court and serves on the mediation panel for Eastern District of New York.

Mr. Deutsch has appeared before committees at the Securities and Exchange Commission, NYSE and NASD, regarding the arbitration process and has lectured before various Bar Associations on current issues in securities arbitration.

Professional Affiliations

Southern District of New York

New York State Bar Association

Nassau County Bar Association

California Bar Association

Court Admissions

US District Court Eastern and Southern Districts of New York

US Tax Court

New York State Bar

California State Bar

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Stuart C. Goldberg, Esq.
11665 E Del Timbre Dr.
Scottsdale, AZ 85259

t: 480-488-4555
e: stugoldberg@msn.com

Senior Of Counsel
Deutsch & Lipner
1325 Franklin Avenue, Suite 225
Garden City, New York 11530

Education

LL.M, 1986, New York University Graduate Law School, General

LL.M, 1975, New York University Graduate Law School, Corporate Law

J.D., 1966, Cornell Law School

B.B.A., 1963, Adelphi University, Accounting

Mr. Goldberg is both an attorney and an accountant.

Areas of Expertise

Stuart C. Goldberg is a practicing attorney who has devoted four decades to the representation of public investors in connection with their disputes against brokerage firms such as Merrill Lynch, Salomon Smith Barney, PaineWebber, Prudential-Bache, Dean Witter Reynolds, and Oppenheimer & Co.

Positions

Mr. Goldberg’s past legal, and accounting, positions have included:

Federal Department of Justice—Assistant United States Attorney (EDNY);

Securities and Exchange Commission—Enforcement Attorney (NYRO);

New York Stock Exchange—Assistant Director and Principal Liquidator;

University of Detroit— Law Professor (tenured);

New York Supreme Court—Special Master;

Public Investors Arbitration Bar Association (“PIABA”)—Founder, President (Two-Terms), and General Counsel (Ten Years);

Peat, Marwick, & Mitchell—Staff Auditor

Publications

Mr. Goldberg has written a number of books dealing with stockbroker fraud and securities arbitration, among which are the following:

PIABA’s 2001 Practice Guide to NASD Discovery and Pre-Hearing Proceedings (PIABA, 2000);

Prudential-Bache’s $1.3 billion Energy Income Limited Partnership Oil Scam (Goldberg, 1992, 1993);

PIABA’s 1991 Public Investor Recovery Guide and Arbitrator Source Book to Stockbroker Fraud and Securities Arbitration (PIABA, 1991);

PIABA’s 1991 Report on Punitive Damages in Securities Arbitration (PIABA, 1991).

Fraudulent Broker-Dealer Practices (Volumes I and II, American Institute for Securities Regulation, 1978);

SEC Trading Restrictions and Reporting Requirements for Insiders (Law Journal Press, 1973); and

Private Placements and Restricted Securities (Volumes I and II, Clark Boardman and Sage Hill, 1971>1979).

Expert Witness

Mr. Goldberg has been an expert witness in fifty-six matters concerning securities fraud including appearances before ten federal judges: SDNY-Judge Cedarbaum; WDNY-Judge Telesca; N.D.Cal.-Judge Williams; E.D.Mich.-Judges Alsop, Gilmore and Hungate; W.D.Mich.-Judge Gibson; N.D.Ga-Judges Edenfield, Evans and Ward; and N.Y.Su.Ct.-Judge Shorter. Those who have retained Mr. Goldberg as an expert witness include the United States Securities and Exchange Commission, and the States of Arizona and Oklahoma. The brokerage firms against which Mr. Goldberg has testified include: A.G. Becker, Advest, Bache, Dean Witter, E.F. Hutton, Kidder Peabody, Lester Ryans, Merrill Lynch, Moseley, Olde, Oppenheimer, Paine Webber, Piper Jaffray, Prudential-Bache, Shearson, Smith Barney, and WM. C. Roney. Several matters resulted in investor awards including punitive damages, the most notable of which was the matter of Peterson v. E.F. Hutton in which punitive damages were awarded to the claimant in the amount of $1,000,000.

Court Citations

Mr. Goldberg’s legal writings have been cited by the following Federal Courts and by the SEC:

U.S. 5 CIR: Regional Properties v. Financial And Real Estate Consulting Company, 678 F.2d 552, FN 17 (5 Cir. 1982); Miley v. Oppenheimer, 637 F.2d 318 (5th Cir. 1981, Goldberg, J.);

U.S. BANKRUPTCY COURT: In re Thomson McKinnon Securities, 191 B.R. 976, 985 (U.S. Bankruptcy Court, SDNY, 1996);

U.S. DISTRICT COURTS: Jaksich v. Thomson McKinnon Securities, 582 F.Supp. 485, 496 FN12 (SDNY, 1984); Coronado Credit Union v. Bevill, Bresler & Schulman, Fed. Sec. L. Rep. P 99,715 (DNM, 1983); Jenny v. Shearson, Hammill, 1978 WL 1115, fn-5, Fed. Sec. L. Rep. P 96,568 (SDNY, 1978, Broderick, J.); and

U.S. SEC: Application of Hirsh, SEC 34-43691 FN7 (SEC, 2000); Barbato v. Frause, SEC, File No. 3-8575, pages 24, 26 (SEC, 1996); Matter of Zessinger, SEC File No. 3-8838, FNs 37, 39 (SEC, 1996)

Punitive Damage Awards

In addition to Mr. Goldberg’s having served as an expert witness in the Peterson v. E.F. Hutton matter, in which punitive damages were awarded to the claimant in the amount of $1,000,000, Mr. Goldberg has also been the attorney for 20 clients who have also received punitive damage awards, the most significant of which was Hickman v. PaineWebber (NASD#90-03354), in which all four of his clients received punitive damages totaling $1,673,370.

Significant Awards

Mr. Goldberg’s half-dozen most significant arbitration awards are:

Hickman v. PaineWebber (NASD#90-03354, 1992), $2,231,160 of which $1,673,370 was punitive damages;

Weingarten v. Merrill Lynch (NYSE#01-09364, 2002) (first chaired with Seth E. Lipner) $3,000,000;

Cherry v. PaineWebber (NASD#91-00024, 1996), $2,732,500;

Flanagen/Rhynard/Link v. Prudential-Bache Securities (NASD#91-00001, 1996), $982,247;

Coke v. Prudential-Bache Securities (NASD#89-00700, 1990), $1,007,000; and

Weyrauch v. Merrill Lynch (NASD#05-02267, 2006), $909,594 plus Attorney’s Fees.

Court Admissions

United States District Courts for the Eastern and Southern Districts of New York, 1967

United States Courts of Appeal for the Second and Sixth Circuits, 1968

United States Supreme Court, 1971

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