EFTA00726318

Financial Industry Regulatory Authority 
January 20, 2010 
Harry P Susman, Esq. 
y LLP 
Houston, TX 77002 
Subject: 
FINRA Dispute Resolution Arbitration Number 09-00979 
Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. v. Warren Spector 
Dear Mr. Susman: 
Pursuant to the Code of Arbitration Procedure, your case is ready for the appointment of 
Arbitrators. 
Please be advised that the Securities and Exchange Commission (SEC) has approved the Codes 
of Arbitration Procedure for Customer (Customer Code) and Industry (Industry Code) disputes. 
The Customer and Industry Codes became effective on April 16, 2007 and apply to all claims filed 
on or after the effective date. Please note that the list selection provisions of the new Customer or 
Industry Codes apply to claims filed prior to the effective date in which a list of Arbitrators has not 
yet been generated and sent to the parties, or in which an entirely new list of Arbitrators must be 
generated. In cases where a new list must be generated, even though the list has been generated 
under the new Customer or Industry Codes, the claim will continue to be governed by the 
remaining provisions of the old Code of Arbitration Procedure (Old Code), unless all parties agree 
to proceed under the new Customer or Industry Codes. A brief summary of the rules pertaining to 
Arbitrator selection is below. 
The Code of Arbitration Procedure' provides that FINRA Dispute Resolution will send to the 
parties a list of Arbitrators within 30 days after the last answer is due. The enclosed Arbitrator 
list(s) for the above-referenced case are sent in accordance with the applicable new Code. In 
addition to the Arbitrator lists, also enclosed is each Arbitrators Arbitrator Disclosure Report for 
your review. The Arbitrator Disclosure Reports include each Arbitrators past NASD and FINRA 
awards. NYSE awards are not currently listed on the Arbitrator Disclosure Reports. However, the 
Arbitrator's NASD, FINRA, and NYSE awards, if any, are available through our online award 
database at www.finra.org/arbitrationmediation/index.htm. 
Panel Composition 
'Customer Code Rule 12403(b) 
Industry Code Rule 13403(b) 
Investor protection. Market integrity. 
Dispute Resolution 
One Liberty Plaza 
t 
Northeast Regional Office 
wwwfinra org 
New York. NV 
10006-1404 
EFTA00726318

1. 
Single Arbitrator Cases 
Where the amount in controversy is $100,000 or less, the Code of Arbitration 
Procedure2 requires that one Arbitrator hear the case, unless all parties agree 
otherwise in writing. 
In single Arbitrator cases, FINRA Dispute Resolution will send the following lists to 
all parties, depending on the type of claim. 
A. 
For all Public Customer Cases and any Intra-Industry Claims Brought 
Under Industry Code Rule 13402031 
In accordance with the Code of Arbitration Procedure,' a single public 
Arbitrator will be appointed from the public Chairperson roster. FINRA 
Dispute Resolution will send each party a list containing eight public 
Chairperson names. In accordance with the Code of Arbitration 
Procedure,' each separately represented party may strike up to four of the 
arbitrators from the list by crossing through the names of the Arbitrators. At 
least four names must remain on the list. If an Arbitrator on the parties' 
consolidated list is not available to fill the slot on the Panel, the Director will 
appoint the next available Arbitrator. 
B. 
For Infra-Industry Claims Brought Under Industry Code Rule 13402(a) 
In accordance with the Code of Arbitration Procedure,5 a single non-public 
Arbitrator will be appointed from the non-public Chairperson roster. FINRA 
Dispute Resolution will send each party a list containing eight non-public 
Chairperson names. In accordance with the Code of Arbitration 
Procedure,° each separately represented party may strike up to four of the 
Arbitrators from the list by crossing through the names of the Arbitrators. At 
least four names must remain on the list. If an Arbitrator on the parties' 
consolidated list is not available to fill the slot on the Panel, the Director will 
appoint the next available Arbitrator. 
2. 
Three Arbitrator Cases 
Where the amount in controversy is more than $100,000, or the claim is for 
unspecified or non-monetary damages, the Code of Arbitration Procedure' 
requires that three Arbitrators hear the case. 
2Customer Code Rules 12401(a) and 12401(b) 
Industry Code Rules 13401(a) and 13401(b) 
'Customer Code Rule 12403(a)(1) 
Industry Code Rule 13403(b) 
'Customer Code Rule 12404 
Industry Code Rule 13404(a) 
5lndustry Code Rule 13403(a) 
°Industry Code Rule 13404(a) 
'Customer Code Rule 12401(c) 
EFTA00726319

In these cases, FINRA Dispute Resolution will send the following lists to all parties, 
depending on the type of claim. 
A. 
For all Public Customer Cases and any Infra-Industry Claims Brought 
Under Industry Code Rule 13402(b) 
In accordance with the Code of Arbitration Procedure,8 FINRA Dispute 
Resolution will send three lists of Arbitrators to the parties. Each list will 
contain eight names. One list will contain eight names from the public 
Chairperson roster, another list will contain eight names from the public 
roster, and the last list will contain eight names from the non-public roster. 
In accordance with the Code of Arbitration Procedure,8 each separately 
represented party may strike up to four of the Arbitrators from each list by 
crossing through the names of the Arbitrators. At least four names must 
remain on each list. If an Arbitrator on the parties' consolidated list is not 
available to fill the slot on the panel, the Director will appoint the next 
available Arbitrator. 
B. 
For Infra-Industry Claims Brought Under Industry Code Rule 13402(a) 
In accordance with the Code of Arbitration Procedure,10 FINRA Dispute 
Resolution will send two lists of Arbitrators to the parties. One list will 
contain eight Arbitrators from the non-public Chairperson roster; the other 
list will contain sixteen arbitrators from the non-public roster. In accordance 
with, the Code of Arbitration Procedure," each separately represented 
party may strike up to four of the Arbitrators on the list containing eight 
names, and eight of the Arbitrators on the list containing sixteen names. At 
least four names must remain on the list containing eight names, and at 
least eight names must remain on the list containing sixteen names. If an 
Arbitrator on the list is not available to fill the slot on the Panel, the Director 
will appoint the next available Arbitrator. 
3. 
Cases Involving Statutory Employment Discrimination 
The Code of Arbitration Procedure72 requires that public Arbitrators hear all cases 
involving statutory employment discrimination claims. In such cases, where the 
amount in controversy is $100,000 or less, a single public Arbitrator will be 
appointed. Where the amount in controversy is more than $100,000, three public 
Industry Code Rule 13401(c) 
8Customer Code Rule 12403(a)(2) 
Industry Code Rule 13403(b)(2) 
°Customer Code Rule 12404 
Industry Code Rule 13404(a) 
wIndustry Code Rule 13403(a)(2) 
"Industry Code Rule 13404 
12lndustry Code Rule 13802(c) 
EFTA00726320

Arbitrators will be appointed. In accordance with the Code of Arbitration 
Procedure," a single Arbitrator or Chairperson of a three-Arbitrator Panel in a case 
involving a statutory employment discrimination claim will be appointed from a 
public roster of Arbitrators with special statutory discrimination qualifications. The 
procedures to strike and rank Arbitrators in a statutory discrimination claim remain 
the same as the striking and ranking procedures in all public customer and intra-
industry cases as mentioned above. 
A. 
Single Arbitrator Case 
FINRA Dispute Resolution will send each party a list containing 
eight public Chairperson names with special statutory employment 
discrimination qualifications. Each separately represented party 
may strike up to four of the Arbitrators from the list by crossing 
through the names of the Arbitrators. At least four names must 
remain on the list. If an Arbitrator on the parties' consolidated list is 
not available to fill the slot on the Panel, the Director will appoint the 
next available Arbitrator. 
Three Arbitrator Panel 
FINRA Dispute Resolution will send two lists of Arbitrators to the parties. 
One list will contain eight Arbitrators with special statutory employment 
discrimination qualifications from the public Chairperson roster, the other 
list will contain sixteen Arbitrators from the public roster. Each separately 
represented party may strike up to four of the Arbitrators on the list 
containing eight names, and eight of the Arbitrators on the list containing 
sixteen names. At least four names must remain on the list containing eight 
names, and at least eight names must remain on the list containing sixteen 
names. If an Arbitrator on the list is not available to fill the slot on the Panel, 
the Director will appoint the next available Arbitrator. 
4. 
Cases Involving Promissory Notes Only 
The Code of Arbitration Procedure" requires that a single public Arbitrator with 
special statutory discrimination qualifications hear all cases in which the sole 
allegation is money owed on a promissory note. If the associated person files a 
Counterclaim or Third/Party Claim for over $100,000, the Code of Arbitration 
Procedure requires a three-Arbitrator Panel. The procedures to strike and rank 
Arbitrators in a promissory note claim remain the same as the striking and ranking 
procedures in all public customer and intra-industry cases as mentioned above. 
A. 
Single Arbitrator Case 
FINRA Dispute Resolution will send each party a list containing 
eight public Chairperson names with special statutory employment 
discrimination qualifications. Each separately represented party 
may strike up to four of the Arbitrators from the list by crossing 
through the names of the Arbitrators. At least four names must 
remain on the list. If an Arbitrator on the parties' consolidated list is 
" Industry Code Rule 13802(c)(3) 
"Industry Code Rule 13806 
EFTA00726321

not available to fill the slot on the Panel, the Director will appoint the 
next available Arbitrator. 
B. 
Three Arbitrator Panel 
FINRA Dispute Resolution will send three lists of Arbitrators to the parties. 
One list will contain eight Arbitrators with special statutory employment 
discrimination qualifications from the public Chairperson roster, another list 
will contain eight names from the public roster, and the last list will contain 
eight names from the non-public roster. Each separately represented party 
may strike up to four of the Arbitrators from each list by crossing through 
the names of the Arbitrators. At least four names must remain on each list. 
If an Arbitrator on the parties' consolidated list is not available to fill the slot 
on the panel, the Director will appoint the next available Arbitrator. 
Arbitrator Ranking Form 
Each Arbitrator's classification as a public or a non-public Arbitrator is accurate at the time of his 
or her selection to the list. As noted above, parties have limited strikes to eliminate Arbitrators. 
Each separately represented party may strike through or cross out Arbitrators on each list for any 
reason. If a party does not strike through or cross out an Arbitrator's name, the Arbitrator will be 
deemed acceptable. After striking Arbitrators from each list, each separately represented party 
may rank the remaining Arbitrators on each list. Parties should rank the remaining Arbitrators on 
each list by assigning each remaining Arbitrator a different numerical ranking, with 1 as the 
highest ranking. FINRA Dispute Resolution will consolidate the parties' rankings and, in 
consolidated rank order, contact Arbitrators on each consolidated list for appointment to the 
Panel. 
Arbitrator Ranking Form Due Date 
Please sign and return the list to our office so that we receive it on or before February 9, 2010. If 
we do not have your list on or before the return date, you will be deemed to have accepted 
all Arbitrators on the list Parties may, but are not required to, send a copy of their lists to the 
opposing parties. After the return date has passed, we will consolidate the parties' lists and inform 
you of the Arbitrator(s) appointed to the Panel. 
Arbitrator Ranking Form Due Date and Requests for Additional Disclosures 
Parties may request additional information from prospective arbitrators. FINRA Dispute 
Resolution will expedite delivery of a party's request for additional information to the 
arbitrator, and the arbitrator's response to the parties. If an arbitrator does not respond to 
a request for additional information, FINRA Dispute Resolution will notify the parties. 
Product Related Requests Received by FINRA Dispute Resolution within 10 Days 
The Arbitrator Ranking Form due date will be extended in cases where FINRA Dispute 
Resolution receives a party's request for additional product related information within 10 
days from the date this office sent the form to the parties. The parties will have 20 days 
from the date FINRA Dispute Resolution receives the party's request for additional 
information to submit the Arbitrator Ranking Form. This office will notify the parties of the 
new Arbitrator Ranking Form due date. 
Product Related Requests Received by FINRA Dispute Resolution after 10 Days and all 
Other Requests for Additional Information 
The Arbitrator Ranking Form due date will not be extended in cases where FINRA Dispute 
Resolution receives a party's request for additional product related information more than 
EFTA00726322

10 days after the date this office sent the form to the parties. In addition, the Arbitrator 
Ranking Form due date will not be extended in cases where parties request non-product 
related information. In these cases, the Arbitrator Ranking Form will be due on the date 
listed in the above titled section "Arbitrator Ranking Form Due Date." 
Motions15
Motion practice (other than motions to dismiss, as noted below) is governed by Customer and 
Industry Code Rules 12503 and 13503, respectively. 
Responding to Motions 
Parties have 10 days from the receipt of a written motion to respond to the motion, 
unless the moving party agrees to an extension of time, or the Director or the 
Panel decides otherwise. Responses to written motions must be served directly on 
each other party, at the same time and in the same manner. Responses to written 
motions must also be filed with the Director, with additional copies for each 
Arbitrator, at the same time and in the same manner in which they are served on 
the parties. 
Motions Filed Prior to the Initial Pre-hearing Conference 
If a party files a motion before the Initial Pre-hearing Conference, FINRA Dispute 
Resolution will transmit the motion and any responses to the Panel in accordance 
with the Code of Arbitration Procedure 12503 and 13503. If the motion is not 
forwarded to the Panel before the initial pre-hearing conference, the moving party 
may raise the issue with the Panel at the conference and ask the Panel to 
establish a schedule for responding to the motion. 
Motions to Dismiss 
FINRA Dispute Resolution has adopted Customer Code Rule 12504 and Industry Code Rule 
13504 to establish specific procedures that will govern motions to dismiss. FINRA also 
amended the dismissal provisions of Rules 12206 and 13206 (the eligibility rule) related to time 
limits on submissions of arbitration claims. The rules will ensure that parties have their claims 
heard in arbitration, by significantly limiting motions to dismiss filed prior to the conclusion of a 
party's case-in-chief and by imposing stringent sanctions against parties for engaging in abusive 
practices under the rules. 
The effective date of the new rules is February 23, 2009. The new rules will apply to motions to 
dismiss filed on or after the effective date. 
For more information, please review Regulatory Notice 09-07 and the Frequently Asked 
Questions document we published on our Web site, www.finra.org. 
Is For questions about motion practice under the Old Code, please contact your case administrator. 
EFTA00726323

Please contact our office if you have any questions. 
Very truly yours, 
Nicole C. 
C. Haynes 
Case Assi tant Mana er 
Phone: 
NCla
idr: 
RECIPIENTS: 
Gabrielle Gould, Esq., Bear Stearns 
Kramer Levin Naftalis & Fankel LLP, 
, New York, NY 10036 
Gabrielle Gould, Esq., Bear Stearns 
n 
m 
In . 
Kramer Levin Naftalis & Fankel LLP,
 New York, NY 10036 
Gabrielle Gould, Esq., The Bear SteAggSraga 
Kramer Levin Naftalis & Fankel LLP, 
New York, NY 10036 
Harry P Susman, Esq., 
Susman Godfrey LLP, 
Harry P Susman, Esq. 
Susman Godfrey LLP, 
nc. 
Houston, TX 77002 
Inc. 
, Houston, TX 77002 
Meredith L. Turner, Esq., Warre 
Wachtel, Lipton, Rosen & Katz, iliaM, 
New York, NY 10019-6150 
EFTA00726324

INITIAL PRE-HEARING CONFERENCE SCHEDULING CALENDAR 
CASE NUMBER: 09-00979 
March-April 2010 
Monday 
Tuesday 
Wednesday 
Thursday 
Friday 
22 
23 
24 
25 
26 
29 
30 
31 
1 
Please review the above two (2) week calendar, confer with the other party(ies) and provide 
FINRA with four (4) mutually agreeable dates and times when all parties are available to 
schedule an initial pre-hearing telephonic conference (IPHC). If the parties are unable to find 
four (4) mutually agreeable dates during this two-week period, kindly provide dates in the 
subsequent weeks. 
The parties have conferred and propose the following dates for scheduling the IPHC: 
1. 
2. 
3. 
4. 
* Please make sure you speck the hours of availability for each date 
provided 6e. 10/18/04 between 9:00 a.m. and 2:00 p.m.) 
You have on or before February 9, 2010 to reply to FINRA with your availability for the initial 
pre-hearing telephonic conference. Please keep your potential dates and times available in the 
meantime. We will advise you of the actual initial pre-hearing telephonic conference date and 
time under separate cover. 
If the parties fail to provide mutually agreeable dates and times by the due date, this office will 
schedule the initial pre-hearing telephonic conference based on the arbitrators' availability and 
the parties will have to provide mutually agreeable alternate dates in order to reschedule the 
conference call. 
EFTA00726325

FINRA Dispute Resolution 
Case ID: 
09-00979 
Public Chairpersons 
Arbitrator ID 
ARBITRATOR RANKING FORM 
Case Name: 
Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. v. Warren 
Spector 
Arbitrator Name 
Party Ranking/Struck 
Leona Beane 
Richard Herzfeld 
Howard Weitz 
Irwin Kahn 
Zuhayr Moghrabi 
Richard Weinberger 
David Goldblatt 
Mitchell Friedman 
Public Arbitrators 
Arbitrator ID 
Arbitrator Name 
Dora Lassinger 
Harold Webb 
Richard Dannenberg 
Pamela Roderick 
Alice Lee-Getman 
John Kennedy 
Peter Trinkle 
Edward Toptani 
Non-Public Arbitrators 
Arbitrator ID 
Arbitrator Name 
Mark Egert 
James Berliner 
• 
Brian Neville 
Andrew Donovan 
Antonio Concepcion 
R. Garley 
Larry Befeler 
Kevin Naughten 
Party Ranking/Struck 
Party Ranking/Struck 
Limited strikes are permitted for each group of Arbitrators. Please refer to the Code of Arbitration Procedure or the cover letter that 
accompanied the Arbitrator Ranking Sheet for specific instructions. 
Claimant/Respondent: 
Submitted By: 
on behalf of: 
Signed: 
Staff ID: LeeC 
Please Print Name 
Page 1 of 75 
Publicly Available Awards Section. Current as of 
01/20/2010 
EFTA00726326

FINRA Dispute Resolution 
Arbitrator ID: 
Arbitrator Disclosure Report 
Report reflects information provided by the arbitrator through 01(152010 
Name: 
Ms. Leona Beane 
Arbitrator ID: 
CRD #: 
City/State/Country: 
New York / NY / United States 
Classification: 
FINRA Mediator: 
Chair Status: 
Qualified 
Public 
No 
ARBITRATOR 
Skills In Controversy: 
There are no skills in controversy information. 
Skills in Securities: 
There are no skills in security information. 
Start Date 
01/1984 
09/1978 
End Date 
Present 
12/1999 
EMPLOYMENT 
Firm 
Leona Beane 
Baruch College C.U.N.Y. 
Position 
Attorney 
Professor of Law 
Start Date 
09/1964 
09/1962 
09/1959 
09/1955 
End Date 
05/1968 
05/1964 
05/1962 
05/1958 
EDUCATION 
School 
New York Law School 
Columbia University 
City College 
City College 
Decree 
JD 
MS 
MBA 
BBA 
TRAINING 
Completed 
Description 
Details 
Firm/School 
Hours 
Location 
02/8008 
Mediation Training 
Creating Settlement 
Federal District Court 
2 
Brooklyn, NY 
06/2009 
Expungement - 2008 
Opportunities at 
Pre-Mediation 
Eastern District 
FINRA 
1 
Refresher 
10/2008 
Non-Securities Related 
Arbitration 
MA 
5 
New York, NY 
Training 
10/2008 
Additional Securities 
New FINRA Pilot 
Fordham Law School 
1 
New York, NY 
Training 
06/2008 
Mediation Training 
Decision Tree Analyis 
for Mediation 
Dispute Resolution 
Institute 
13 
Durham, NC 
05/2008 
Mediation Training 
New Horizons in 
Mediation Network of 
8 
Durham, NC 
Conflict Resolution 
North Carolina 
04/2008 
Mediation Training 
Advanced Mediation 
NYS Judical 
8 
White Plains, NY 
Training 
Institute-OCA 
05/2007 
Non-Securities Related 
Arbitration Update 
N.Y.C.L.A. 
3 
New York, NY 
04/2007 
Training 
Revised Code of 
NASD 
2 
online 
Arbitration 
Staff ID: LeeC 
Page 2 of 75 
Publicly Available Awards Section, Current as of 
01/20/2010 
EFTA00726327

FINRA Dispute Resolution 
Arbitrator ID: 
06/2006 
Mediation Training 
Securities Arbitration 
CLE Program 
3 
New York, NY 
& Mediation 
Securities 
Arb/Med-Hot Topic 
06/2006 
Mediation Training 
Update for Mediators 
Superior Court 
4 
Newark, NJ 
05/2006 
Non-Securities Related 
Commercial 
3 
New York, NY 
Training 
Arbitration 
05/2006 
Mediation Training 
Advanced Mediation 
NYS Office of Court 
4 
New York, NY 
Training 
Admin. 
01/2006 
Mediation Training 
Court Ordered 
Mediation, Inc. 
40 
Chapel Hill, NC 
Mediation Training 
09/2005 
Non-Securities Related 
Employment Law 
3 
New York, NY 
Training 
Essentials 
06/2005 
Additional Securities 
Hot Topics Securities 
3 
New York, NY 
Training 
Arb/Med 
05/2005 
Additional Securities 
NYSE 
3 
New York, NY 
Training 
03/2005 
Mediation Training 
NASD 
New York, NY 
03/2005 
Mediation Training 
Bankruptcy Court 
24 
New York, NY 
ABRAMS/Negotiation 
01/2005 
Non-Securities Related 
Ethical Dilemas in 
3 
New York, NY 
Training 
ADR 
01/2005 
Mediation Training 
EEOC 
16 
New York, NY 
12/2004 
Expungement online 
mini-course 
NASD 
1.5 
(online) 
11/2004 
Mediation Training 
Mediation in 
3 
New York, NY 
Bankruptcy 
10/2004 
Mediation Training 
NJ Assoc. of 
6 
New Jersey 
Professional 
Mediators 
08/2004 
Mediation Training 
New Jersey Superior 
4 
Newark, NJ 
Court 
06/2004 
Mediation Training 
CLE Program Hot 
3 
New York, NY 
Topics Securities Arb 
05/2004 
Mediation Training 
Center for Mediation 
36 
N.Y.S. 
In Law 
03/2004 
Mediation Training 
Custody & Visitation 
16 
New York, NY 
Mediation 
02/2004 
Mediation Training 
Family & Divorce 
40 
New York, NY 
Mediation 
01/2004 
Additional Securities 
Arbitration 
Practicing Commercial 
3 
New York, NY 
Training 
Arbitration 
06/2003 
Mediation Training 
NYCLA Effective Med. 
3 
New York, NY 
Advocacy 
05/2003 
Additional Securities 
NYSE 
3 
New York, NY 
Training 
02/2003 
Mediation Training 
John Jay 
14 
New York, NY 
College/Basic Model 
10/2002 
Additional Securities 
NYSE 
3 
New York, NY 
Training 
09/2002 
Mediation Training 
Columbia Law School 
25 
New York, NY 
03/2002 
New Chairperson 
NASD 
11 
New York, NY 
Training [NASD) 
02/2002 
Non-Securities Related 
ABA Dispute 
7.5 
Philadelphia, PA 
Training 
Resolution 
01/2002 
Non-Securities Related 
NY State Bar Assn -
3 
New York, NY 
Training 
Alternative D. R. 
Staff ID: LeeC 
Pape 3 of 75 
Publicly Available Awards Section, Current as of 
01/20/2010 
EFTA00726328

FINRA Dispute Resolution 
Arbitrator ID: 
12/2001 
New Panel Member 
NASD 
11 
New York, NY 
Training [NASD] 
06/2001 
Mediation Training 
Mediation Training in 
Center for Social 
20 
Ann Arbor, MI 
06/2001 
Additional Securities 
Guardianship 
Gerontology Mediation 
NYCLA ADR 
6 
New York, NY 
03/2001 
Training 
Mediation Training 
Essential Skills in Arb. 
ABCNY/JAMS Conflict 
27 
New York, NY 
01/2001 
Non-Securities Related 
Resolution. Workshop 
NYSBA - Alternative 
3 
New York, NY 
06/1999 
Training 
Mediation Training 
Dispute Resolution 
NYCLA 
24 
New York, NY 
04/1999 
Additional Securities 
Mediation/Commercial 
NYCLA Securities 
1.5 
New York, NY 
06/1997 
Training 
Mediation Training 
Arbitration 
Supreme Court 
3 
New York, NY 
03/1993 
Additional Securities 
NYC/JAMS Med. 
Workshop 
AAA Securities 
3 
New York, NY 
09/1992 
Training 
Non-Securities Related 
Arbitration Training 
AM Advanced 
3 
New York, NY 
09/1992 
Training 
Non-Securities Related 
Arbitration Training 
AAA Basic Arbitrator 
3 
New York, NY 
Training 
Training 
DISCLOSURE/CONFLICT INFORMATION 
Type 
Has an account with 
I am a client of 
Has published 
Was Arbitrator for 
Is a Member of Bar Association 
Is a member of 
Has published 
Mediator for 
Had an account with 
Had an account with 
Had an account with 
Had an account with 
Mediator for 
Arbitrator for 
Is a member of 
Is a member of 
Licensed to Practice Law in 
Is a member of 
Is a member of 
Arbitrator for 
Mediator for 
Staff ID: LeeC 
Firm Name 
UBS Financial Services Inc. 
Wechsler and Cohen 
"Mat Is Mediation and How Does It Work?" 
AAA 
American Bar Association 
American Judges Association 
Deskbook, NYSBA 2008 
E.E.O.C. 
Gruntal & Co., L.L.C. 
J. B. Hanauer & Company 
Janney Montgomery Scott LLC 
Merrill Lynch Pierce Fenner & Smith 
N.C. Dispute Resolution Commission 
NY County Lawyers Association 
NY County Lawyers Assn. 
NY Womens Bar Association 
NYS Federal Court 
National Academy of Elder Law Attorneys 
National Association of Women Lawyers 
National Futures Association 
New Jersey Superior Court 
Page 4 of 75 
Details 
PaineWebber 
Article 10/29/2007 
Dispute Resolution Section 
Chapter 26, Mediation (New York 
Lawyers) 
Ryan Beck & Co. 
Certified 
Attorney Fee Disputes 
Chair, ArbJ ADR Committee (4 yrs) 
Co-Chair, Trusts & Estates 
Southern & Eastern District 
Former President 
Publicly Available Awards  
 Current as of 
01/20/2010 
EFTA00726329

FINRA Dispute Resolution 
Arbitrator ID: 
Mediator for 
New York County Lawyers Association 
Attorney Fee Dispute 
Is a member of 
New York County Lawyers Association 
Is a Member of Bar Association 
New York State 
Dispute Resolution Section, Vice Chair 
Was Arbitrator for 
New York Stock Exchange 
Mediator for 
Safe Horizon 
Had an account with 
Scudder Investments 
Arbitrator for 
Small Claims Court 
Mediator for 
Supreme Court NY 
Commercial Division 
Arbitrator for 
Supreme Court-Commercial Division 
(ADR Neutral) 
Has an account with 
TIAA-CREF 
Arbitrator for 
U. S. District Court Eastern District 
Mediator for 
U. S. District Court Eastern District 
Mediator for 
US Bankruptcy Court, Eastern & Southem 
Districts 
Licensed to Practice Law in 
US Supreme Court 
Has an account with 
Wachovia Bank 
Small Checking account 
Had an account with 
Wexford Clearing Services, LLC 
Has published 
"Powers of Attorney" article (8/23/02) 
Lectured on 
"Talk Can Work" Mediation Pgm 
(10/21/04), NY, NY 
Lectured for 
American Bar Assn-
Partnership/Corporations 
Has published 
Article: Fiduciary Relationship of a 
Partner 
Has published 
Article: Forged Endorsement by 
Drawers Attorney 
Has published 
Article: Guardian Proceedings in NY 
State 
Has published 
Article: Infant as a Member of 
Partnership 
Has published 
Article: Interference w/Competitors 
Employees 
Has published 
Article: Mediation Contested 
Guardianships (6/02) 
Has published 
Article: Nuts and Bolts of Partnerships 
& Corp. 
Has published 
Article: Rights of Drawers, Banks & 
Holders 
Has published 
Article: Rules Relating to Formation of 
Contracts 
Has published 
Article: Terminating An Agent's 
Authority 
Has published 
Article:Partial Pay Exception/ UCC 
Sale of Goods 
Lectured for 
Assn of the Bar of the City of NY 
Has published 
Book: Essentials of Corporation Law 
Staff ID: LeeC 
Pape 5 of 75 
Publicly Available Awards Section. Current as of 
01/20/2010 
EFTA00726330

FINRA Dispute Resolution 
Arbitrator ID: 
Has published 
Book: Essentials of Partnership Law 
Has published 
Book: Materials in the Law of Business 
Contracts 
Has published 
Corporate Practice Handbook 2 
Chapters NYSBA 
Has published 
Corporate and Partnership Law 
(chapter) NYSBA 
Has published 
Guardians and Guardians Ad Litem 
(article) 
Has published 
Guardianship Practice in NY 
(Chapters) & Assn. Ed 
Has published 
Guardianship: Challenging, 
Frustrating(article) 
Lectured on 
NY County Lawyers Assn.-Mediation in 
Bankruptcy 
Lectured on 
NY County Lawyers Association-Med. 
Advocacy skills 
Lectured on 
New York County Lawyers Association 
-Guardianship 
Licensed to Practice Law in 
New York State 
Lectured on 
New York State Bar-Ethical Dilemmas 
in ADR 
PUBLICLY AVAILABLE AWARDS 
Publicly Available Awards Section. Conant as of 01/20/2010 
Case ID 
Case Name 
Close Date 
08-01521 
Theodore Charles Kunz vs. Abel Noser Corp. 
06/26/2009 
08-00085 
Stephen B. Grayer vs. A.B. Watley Direct, Robert F. Malin & Stephen Malin, A.B. Watley, Inc. 
etal 
02/05/2009 
05-02803 
Elizabeth S. Hevey and Denis Hevey v. A.G. Edwards & Sons, Inc. 
03/22/2007 
03-04420 
David Cullen and Kathleen Cullen, et al v. American Financial Advisors, Inc., et al 
03/22/2007 
05-01790 
Larry Deutsch v. Berry-Shino Securities, Inc. and Albert Brinmore Britton, Jr. 
08/21/2006 
05-00484 
Ehrenkrantz King Nussbaum, Inc. v. Jason Konior 
01/30/2006 
03-02373 
Maria Rudelli vs. RBC Dain Rauscher Inc. Paul E. Butler 
05/12/2004 
03-00112 
William and Ann Peattie IRA vs. Salomon Smith Barney, Inc. and Brian Cleary 
01/30/2004 
01-04361 
Morgan Stanley Dean Witter Inc. vs. Schmuel Benyakov 
08/16/2002 
ARBITRATOR BACKGROUND INFORMATION 
I had been a tenured Professor of Law at Baruch College (City University of New York) from 1978 until 1999. I was on the full 
time faculty, initially starting as an Assistant Professor, was promoted to Associate Professor, and promoted to Full Professor in 
1985. I taught law courses to business students in both the B.B.A and M.B.A. programs Contracts, Partnerships, Corporations, 
and Negotiable Instruments, including conducting seminars for the Executive M.B.A. program on all business law related topics. 
I have written several articles and books in the areas of Contracts, Partnerships, and Corporations, and also Negotiable 
Instruments. I am the author of Chapter 1, "Corporate and Partnership Law" in New York Lawyers Desk book (published by the 
New York State Bar Association, 1989; Chapter revised and updated each year). 
Staff ID: LeeC 
Page 6 of 75 
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EFTA00726331

FINRA Dispute Resolution 
In 1999, I accepted an early retirement incentive, and, since then, I have been Professor Emeritus. 
Arbitrator ID: 
Since approximately 1985, I have had a part time law practice, primarily general practice, representing small to medium size 
businesses, partnerships and corporations, probate, wills, and estate matters. including guardianships. 
I've lectured at several bar association programs sponsored by the New York State Bar Association, New York County Lawyers 
Assnriation, and the American Bar Association on topics relating to Forming and Operating Closely Held Business (including 
partnerships and corporations) and Buying and Selling a Small Business. 
During the past 15 years, I have written several articles in the area of Guardianship, and have also lectured at many 
Guardianship Training Programs. I have written several articles including, "Should Mediation be available as an option to 
reduce litigation in contested guardianship cases"(NYS Br. June 2002); "Beware the misuse of powers of attorney" (NYLJ 
August 23, 2002), in addition to several other articles. 
I am and have been active In many different bar associations including American Bar Association, Dispute Resolution Section, 
NYS Bar Association, Dispute Resolution Section (Vice Chair); Business Law Section (member of Corporation Law Committee, 
Partnership Sub-Committee), and other Committees and sections over the years; member, New York County Lawyer's 
Association-Supreme Court Committee; Elder Law Committee; ADR and Arbitration Committee. Chair (4 yrs); Estates Trusts 
and Surrogate's Court Practice Section and other committees; I am also a member of the American Judges Association (1990 
to present); I was President of the National Association of Women Lawyers, 1988 to 1989. 
I have been serving as Mediator and ADR Neutral in the Supreme Court, Commercial Division in New York County, 1996 to 
present, and have handled several commercial disputes of all types in the Court; I have been serving as a Special Master in the 
Supreme Court, New York County for the past twenty years and had been Co-Chair of the Special Masters Committee for three 
years; as a Special Master, I assisted the Supreme Court and Civil Court in resolving discovery related and other motions, and 
also settlement conferences in all types of cases. I have been a Mediator (and Arbitrator) in Attomey Fee Disputes at New York 
County Lawyers Association. 1998 to date; I have been serving as an Arbitrator in the Small Claims Court for over 20 years and 
was President of the Small Claims Arbitrators Association. I had been an Arbitrator for the American Arbitration Association, 
Commercial Dispute Panel and sat on several panels involving contract disputes, and partnership and shareholder disputes; I 
also serve as an Arbitrator and Mediator for the U.S. District Court, Eastern District. I am an arbitrator for the National Futures 
Association. 
I am a mediator certified by the NC Dispute Resolution Commission for Superior Court civil matters. 
I am a mediator with Safe Horizon, and am on the roster of mediators for the US Bankruptcy Court, Southern and Eastern 
Districts, and on the Roster of mediators for the NJ Superior Court. I am a mediator for the US E.E.O.C. I have attended and 
completed several Training Programs for both arbitrators and mediators. I co-chaired a program at the annual meeting of the 
NYS Bar Association, January 27, 2005 on "Ethical Dilemmas in ADR" I co-chaired a CLE Program "Arbitration Disputes in 
Business Transactions" May 23, 2006. I chaired CLE program "Arbitration Update" from Pre-hearing to Post-hearing--What 
Lawyers Need to Know" at NY County Law Association May 3, 2007 I have attended the Annual Hot Topics for Securities 
Arbitrators and Mediators each year for the last six years. last program June 9, 2009. 
I wrote Chapter 26, Mediation, NY Lawyers Deskbook (NYSBA). I am appointed by the Appellate Division First Department as a 
Special Master-Mediator in their Pre-Argument Appeals Program. 
I have the following degrees: BBA, MBA, MS and JD. 
Staff ID: LeeC 
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FINRA Dispute Resolution 
Arbitrator ID: 
Arbitrator Disclosure Report 
Report reflects information provided by the arbitrator through 01/1512010 
ARBITRATOR 
Name: 
Mr. Richard L. Herzfeld 
Skills in Controversy: 
Arbitrator ID: 
There are no skills in controversy information. 
CRD #: 
City/State/Country: New York / NY / United States 
Classification: 
Public 
Skills in Securities: 
FINRA Mediator: 
No 
There are no skills in security information. 
Chair Status: 
Qualified 
EMPLOYMENT 
Start Date 
End Date 
Firm 
Position 
07/2001 
Present 
Bahn, Herzfeld & Muller, LLP 
Partner/Attorney 
11/1990 
03/1998 
Rosen Einbinder & Dunn 
Of Counsel 
11/1987 
01/2001 
Richard L. Herzfeld 
Sole Proprietor 
01/1982 
10/1987 
Kimmelmar Sexter & Sobel 
Associate 
01/1979 
01/1981 
Appellate Division Second Department 
Law Assistant 
01/1977 
01/1979 
Nassau County Legal Aid 
Staff Attorney 
EDUCATION 
Start at 
End Date 
School 
Decree 
09/1981 
05/1984 
NYU 
LLM Taxation 
09/1974 
06/1977 
SUNY Buffalo 
JD 
09/1969 
12/1972 
SUNY Buffalo 
BA 
TRAINING 
Completed 
Description 
03/2009 
Motion to Dismiss 
Training 
01/2009 
Expungement - 2008 
Refresher 
08/2007 
Revised Code of 
Arbitration 
12/2004 
Expungement online 
mini-course 
07/1996 
Chairperson Securities 
Training 
03/1994 
Intro Securities Arbitrator 
Training 
Details 
Firm/School 
Hours 
Location 
FINRA 
1 
FINRA 
1 
FINRA 
2 
online 
NASD 
1.5 
online 
NASD 
6 
New York, NY 
NASD 
4 
New York, NY 
DISCLOSURE/CONFLICT INFORMATION 
Tvoe 
Firm Name 
ils 
Staff ID: LeeC 
Page 8 of 75 
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EFTA00726333

FINRA Dispute Resolution 
Initiated/defended legal action 
against 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has an account with 
Has made a disclosure about 
Has an account with 
Initiated/defended legal action 
for 
Has made a disclosure about 
Has made a disclosure about 
Initiated/defended legal action 
against 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Initiated/defended legal action 
against 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Has made a disclosure about 
Initiated/defended legal action 
against 
Has an account with 
Has made a disclosure about 
Initiated/defended legal action 
against 
Has made a disclosure about 
Initiated/defended legal action 
against 
Has made a disclosure about 
Has an account with 
Has made a disclosure about 
Has made a disclosure about 
Staff ID: LeeC 
Arbitrator ID 
Investors Associates et. al 
Metalitsa v Investors Associates et. al 
508 Securities 
B&W Global. LLC 
Brendan E. Cryan & Company 
Charles Schwab & Co., Inc. 
DE Trading LLC 
Fidelity Investments Institutional Srvcs 
Frankel 
Charles Schwab & Company, Inc 
Fidelity Investments Institutional Srvcs 
Rollin vs. Frankel 
GHA, LLC 
GP Direct Corp.
Gaines Berland, et. al 
Grenadier v. Gaines Berland. et. al 
Heights Partners. Inc. 
J. H. Heffernan Securities 
J. Streicher & Co., LLC 
Jeffrey L. Aaron 
Kevin G. Boyle Securities 
Kingsood Investments, Inc. 
MND Partners 
Marquis Holdings, Inc. 
Matrix Trading, LLC 
Morgan Stanley DW Inc. 
Niall Campbell 
Peter Pauker 
Richard Meisenberg 
Robert G. Pears & Co. 
SNB Securities 
Salomon Smith Barney 
Smith Barney 
Sten Securities, LLC 
Sterling Foster & Co. 
Talking Horse. LLC 
Tolucca Pacific et. al. 
Trinity Trading Corp. 
Waterhouse Securities 
Weiskopf Silver & Co. 
William V. Frankel & Co. 
Dean Witter 1988 
Caschetta v. Salomon Smith Barney 
Hadge vs. Smith Barney 
J. Gregory & Company /Sterling Foster 
& Co. 
Bastek v. Tolucca Pacific et. al. 
Page 9 of 75 
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EFTA00726334

FINRA Dispute Resolution 
Has made a disclosure about 
Has made a disclosure about 
Was Arbitrator for 
Initiated/defended legal action 
for 
Has made a disclosure about 
Initiated/defended legal action 
for 
Initiated/defended legal action 
against 
Had an account with 
Arbitrator for 
Initiated/defended legal action 
against 
Has made a disclosure about 
Initiated/defended legal action 
for 
Has made a disclosure about 
Initiated/defended legal action 
against 
Has made a disclosure about 
Is a Client 
Is a Client 
Is a member of 
Is a Member of Bar Association 
Was a member of 
Is a Client 
Initiated/defended legal action 
against 
Is a member of 
Has made a disclosure about 
Has made a disclosure about 
WIlima Toll 
Z & Z Securities, Inc. 
AM & NYC Civil Court 
W.V. Frankel 
G & L Partners 
Jeffrey Brooks Securities Inc. 
Josephthal 
Kemper Securities, Inc. 
NYSE 
National Securities 
On Point Executions 
Wellmont Securities 
Arbitrator IO: 
1991 
1991 
Lidz v. Josephthal 
Woodworth vs. National Securities 
Adverse against: Davidson Asset 
Management 
For Wnckowski vs. VVindmwski 
Kemper Securities Group/Bateman 
Eichler,Hill 
Kollner v. PaineWebber 
Mitoric Trading and LTL Intl Trading 
Corp. 
New York County Lawyers 
New York State Bar Association 
PIABA 
Paul Schopf, Richard Whittington, 
Rizwar Gundal 
SNB Securities 1991 
Securities Subcommittee 
Seff vs. Frankel 
Weiskoff v. Morgan Stanley 
PUBLICLY AVAILABLE AWARDS 
Publicly Available Awards Section, Current as of 01/20/2010 
Case ID 
Case Name 
06.01679 
Robert Montanino v. H&R Block Financial Advisors, Inc. 
07-01269 
Daniel H. Morris v. Aurora Capital LLC & Jeff E. Margolis 
06-05308 
Jacob Bimbaum vs. Worldco LLC 
99-00982 
Peter V. Christiansen v. Craig Moss and PaineWebber Inc. 
96-02028 
Arnold Taft vs. Cantella & Co., Inc., Curt F. Stetson and Harold Gong et al 
Staff ID: LeeC 
Close Date 
08/19/2008 
03/24/2008 
06/11/2007 
10/19/2000 
12/17/1997 
Page 10 of 75 
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FINRA Dispute Resolution 
93-01522 
Harvey and Elaine Luppescu v. A.R. Schmeidler & Co., Inc. and Arnold R. Schmeidler 
Arbitrator ID: 
08/02/1994 
ARBITRATOR BACKGROUND INFORMATION 
I am a member of Bahn Herzfeld & Multer, LLP in general practice, including the representation of small businesses in 
transactional matters and business litigation. As part of my practice, I represent both investors and broker dealers in securities 
arbitrations and litigation (both plaintiff and defense work) and also represent broker dealers and investment advisers in 
regulatory matters and general business affairs. I received my JD from the University of Buffalo and a masters in taxation from 
NYU. 
Additional Disclosure Information: 
1. Former clients Paul Schopf, Richard Whittington, Rizwar Gundal, all money manages. 
2. Additional Litigation: Rollin v Frankel, Seff v Frankel, Woodworth v. National Securities 
3. Additional Litigation: Sedona v. Frankel et al 
4. Additional Litigation: Frankel v. Fidelity et al 
5. Additional Litigation: Reeding v. Avalon 
Staff ID: LeeC 
Page 11 of 75 
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FINRA Dispute Resolution 
Arbitrator ID: 
Name: 
Arbitrator ID: 
CRD #: 
City/State/Country: 
Classification: 
FINRA Mediator. 
Chair Status: 
Arbitrator Disclosure Report 
Report reflects information provided by the arbitrator through om snow 
Mr. Howard Weitz 
Scarsdale / NY / United States 
Public 
No 
Qualified 
ARBITRATOR 
Skills in Controversy: 
Account Related - Dividends, Account Related - Transfer, 
Executions - Execution Price, Executions - Limit v. Market 
Order, Employment - Breach of Contract, Employment -
Commissions, Employment - Compensation, Employment -
Libel or Slander, Employment - Partnerships, Employment -
Promissory Notes. Employment - Wrongful Termination, 
Other - Underwriting 
Skills in Securities: 
Annuities, Corporate Bonds, Fannie Mae, Freddie Macs, 
Ginnie Maes, Government Securities. Hedge Fund. Limited 
Partnerships, Mutual Funds. Municipal Bonds, Municipal 
Bond Funds, Options. Private Equities, Preferred Stock. Real 
Estate Investment Trust. Structured Products, Variable 
Annuities. Warrants/Rights 
EMPLOYMENT 
Start Date 
End Date 
Finn 
Position 
06/1981 
Present 
Howard Weitz, P.C. 
Attorney/President 
01/1975 
06/1981 
Howard Weitz, Esq. 
Attorney 
01/1974 
12/1974 
Techinical Tape, Inc. 
In-House Attorney 
01/1973 
12/1973 
Plaza Group, Inc. 
In-House Attorney 
11/1963 
12/1972 
Leventritt, Bush et al 
Law Firm Associates/Partner 
01/1960 
10/1963 
M.S. Scheiber & Company 
Tax Accountant 
07/1955 
12/1959 
Several CPA Firms 
EDUCATION 
Start Date 
End Date 
School 
School of Business 
POEM 
LLB, Admitted to NY Bar, 196 
BBA, Accounting 
09/1955 
09/1951 
06/1959 
Brooklyn Law School 
06/1955 
Bernard Baruch 
Completed 
Description 
Details 
TRAINING 
Firm/School 
Hours 
Location 
04/2009 
Motion to Dismiss 
FINRA 
1 
01/2009 
Training 
Expungement - 2008 
FINRA 
1 
Refresher 
04/2007 
Revised Code of 
NASD 
2 
online 
Arbitration 
03/2007 
Revised Code of 
NASD 
2 
online 
Arbitration 
12/2005 
Direct Communication 
NASD 
1 
online 
Rule 
Staff ID: LeeC 
Page 12 of 75 
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EFTA00726337