Howard S. Eilen

Mediation Background

Since 1992, Howard Eilen has successfully mediated over 3,000 cases and matters involving a multitude of diverse customer and employment claims filed against both national and regional brokerage firms, banks and other financial institutions (with a documented settlement rate in excess of 95%) alleging or involving:

Annuities and Insurance Products; Hedge Funds and Alternative Investments; REITS; Ponzi Schemes; Options; Managed Accounts; Sub-Prime Investments; Private Placements; Commodities and Futures; Derivatives; Churning; Lack of Suitability; Fraud and Omissions; Unauthorized Trading; Failure to Hedge; Defamation; Discrimination; Wrongful Termination; Raiding and Unfair Competition; Senior Investors.

Mr. Eilen also mediates court initiated commercial cases involving shareholder, corporate, partnership, and limited liability company disagreements and dissolutions, breach of contract, unfair competition, covenants not to compete, and employment and workplace issues.  Mr. Eilen was also voted by his peers as one of the top 500 leading judges in America, as published by Lawdragon, who reflect the very best of the public and private bench.

Mr. Eilen has received appointments by the Securities Commissioner of the Commonwealth of Massachusetts to administer and mediate a class of customer claims against a major brokerage firm pursuant to a Consent Orders.

Mr. Eilen 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 the respect to the offering of a certain security to its state residents.

Mr. Eilen also served as a Special Master in the New York State Court System, where he supervised discovery in a major securities fraud class action matter, and ultimately mediated a global settlement.

Speaking Engagements

• Contributing Author and Lecturer, Ponzi Schemes, How to Spot Them and What to do About It, Nassau County Bar Association, Academy of Law 2009.
• Panelist, Advanced Mediation Workshop-Special Topics: Group Cases and Retirees, Securities Industry and Financial Markets Association, 2008.
• Contributing Author and Lecturer, Securities Arbitration and Mediation: Breaking the Deadlock- Impasse Breaking Techniques, New York State Bar Association, 2007.
• Contributing Author and Lecturer: Securities Arbitration 1993, 1995, 1997, 1999, 2003 and 2005, Practising 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, 2005.
• Contributing Author and Lecturer: Accountants as Registered Reps, Regulatory and Liability Issues, New York State Society of Certified Public Accountants, Foundation for Accounting Education, 2003.
• Contributing Author and Lecturer: Securities Mediation Advocacy: Prosecuting & Defending Customer Claims Against Stock Brokers, Pennsylvania Bar Institute, 2003.
• Contributing Author and Lecturer: Current Trends in Securities Arbitration and Mediation, Nassau Academy of Law, 2003.
• Contributing Author and Lecturer: Securities Arbitration, Winning Trial and Settlement Techniques in a Declining Market, Nassau Academy of Law, 2002.
• Contributing Author and Lecturer: Securities Arbitration, Summary Judgment Motions in Securities Arbitration, Nassau Academy of Law, 2001.
• Contributing Author and Lecturer: Securities Arbitration, Prosecuting and Defending a Securities Arbitration Case, Nassau Academy of Law, 2000.

Mr. Eilen is a frequent participant and speaker before various professional organizations, including the Practising Law Institute, the International Association of Financial Planners, the Nassau County Academy of Law, the Pennsylvania Bar Institute, the Public Investors Attorneys Bar Association (PIABA) and the Foundation for Accounting Education. He is often quoted in industry-related publications, particularly with respect to mediation and arbitration as alternative dispute forums.

Professional Background

Mr. Eilen is a partner of Lehman & Eilen LLP in Uniondale, New York. He is in charge of the Firm's futures, derivatives, litigation, arbitration and mediation practice areas. Mr. Eilen has extensive practical and legal experience in the commodities and securities industry, initially as a broker and exchange member, then as house counsel for a major commodities brokerage firm and as an attorney in private practice. Mr. Eilen's biography currently appears in Who's Who in American Law.

Mr. Eilen has successfully prosecuted and defended claims (in court and in arbitration) instituted against brokers arising under the federal securities and commodities laws, as well as the Racketeer Influenced and Corrupt Organizations Act (RICO). Over the last thirty-five years Mr. Eilen has chaired dozens of arbitration panels before the National Association of Securities Dealers (now FINRA), the National Futures Association and American Arbitration Association. Mr. Eilen has represented firms and individuals in enforcement proceedings and investigations conducted by the Securities and Exchange Commission, Commodity Futures Trading Commission, New York Stock Exchange, NASD Regulation, Inc. (now FINRA) and state regulators.

For the last 20 years, Mr. Eilen has spent substantially all of his time mediating cases.

• St. John's University School of Law, J.D. 1979.
• City University of New York, B.A. summa cum laude, 1975.
• City University of New York, M.A. 1975.

• American Bar AssociationSection on Dispute Resolution.
• New York County Lawyers Association.
  • Committee on Securities and Exchanges.
  • Committee on Alternative Dispute Resolution.
• New York State Bar Association.  
  • Dispute Resolution Section.

FINRA Dispute Resolution - Mediator. (1992 - Present).

Please e-mail heilen@lehmaneilen.com for details and up to date availability.