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Member
Phone: (212) 679-6000
Fax: (212) 759-3122
E-mail: E-mail Me
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Madelaine Eppenstein has been a member
of the firm since its inception. She graduated from Brooklyn
College, B.A. cum laude in 1976. She is a graduate of Brooklyn Law
School, J.D. 1979, where she distinguished herself as Executive Editor
of the Brooklyn Journal of International Law and as recipient of
the Journal's writing award bestowed by the law school faculty. She
was the winner along with two other women law students of the
prestigious Phillip C. Jessup International Law Moot Court Competition,
with honors for the best written brief. The competition
included participants from hundreds of law schools in the U.S.
and overseas. She also was co-author of the Note, "Radio
Propaganda in the Contexts of International Regulation and the Free
Flow of Information as a Human Right," 5 Brook. J. Int'l L.
154, Winter 1979. Read the Firm's Publications.
Ms. Eppenstein's legal career began in the litigation department at Skadden, Arps, Slate, Meagher & Flom
in New York City. She is a member of the Bar of the State of New York and is admitted to practice in
the U.S. District Courts for the Southern, Eastern and Northern District of New York, in the Second Circuit
Court of Appeals and before the U.S. Supreme Court. In 1981 she formed, together with her husband, Theodore
G. Eppenstein, the law firm of Eppenstein & Eppenstein, whose practice includes a concentration in
securities and commodities arbitration, and also related civil litigation, trials and appeals in all
state and federal courts. As a member of the firm, Ms. Eppenstein has written legal briefs in a number
of noteworthy cases at the highest appellate levels, among them Shearson/American Express, Inc. v.
McMahon in the United States Supreme Court, Cowen v. Anderson in the New York Court of Appeals and Engel
et.al v. Refco et. al in the New York State Supreme Court, affirming the highest aggregate commodities
award by a panel of arbitrators, all cases involving the rights of the investing public.
In December 1987 Ms. Eppenstein co-authored testimony for the U.S. House of Representatives, Committee
on the Judiciary, Subcommittee on Criminal Justice, regarding the RICO statute, and in March 1988 Ms.
Eppenstein co-authored testimony for the House Subcommittee on Telecommunications and Finance with respect
to amending the federal securities laws and reforming arbitration procedures, all on behalf of the investing
public. Ms. Eppenstein assisted the House Subcommittee on Telecommunications and Finance in drafting
a bill to further advance the rights of defrauded investors.
Ms. Eppenstein has appeared on television and in national magazines and newspapers in connection with
the rights and protection of investors, and has collaborated with Mr. Eppenstein in the writing of articles
about the resolution of broker fraud claims and litigation and arbitration techniques.
Ms. Eppenstein was invited in 2001, as a former editor, to write an article for the Twenty-fifth
Aniversary Alumni Issue of the Brooklyn Journal of International Law, which resulted in the publication
of "International Investors' Rights and Remedies in the Adjudication of Disputes with U.S. Securities
and Commodities Firms in the Context of U.S. Arbitral Forum Selection" 27 Brook. J. Int'l L. 443
(2002). Ms. Eppenstein has previously appeared before law school students in securities regulation seminar
discussions and as a speaker at Brooklyn Law School's Distinguished Alumni Lecture Series on developments
in the law of securities fraud. |
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| Areas Of Practice: |
General Commercial Litigation
Litigation, Arbitration and Mediation of Brokerage Fraud Matters
Securities and Commodities Arbitration and Litigation
Litigation and Arbitration of Employment and Discrimination Disputes |
| Bar Admissions: |
New York, 1980
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. District Court Northern District of New York
U.S. Court of Appeals 2nd Circuit
U.S. Supreme Court |
| Education: |
Brooklyn Law School, Brooklyn, New York, 1979
J.D.
Honors: Recipient, Brooklyn Journal of International Law Writing Award
Honors: Co-Winner, Phillip C. Jessup International Law Moot Court Competition
Law Journal: Brooklyn Journal of International Law, Executive Editor
Brooklyn College, 1976
B.A.
Honors: Cum Laude |
| Published Works: |
Note, "Radio Propaganda in the Contexts of International Regulation and the Free Flow of Information as a Human Right" (Co-Author), 5 Brook. J. Int'l L. 154, Winter, 1979
Testimony Regarding the RICO Statute (Co-Author), U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Criminal Justice, December, 1987
Testimony With Respect to Amending the Federal Securities Laws and Reforming Arbitration Procedures, on Behalf of the Investing Public (Co-Author), House Subcommittee on Telecommunications and Finance, March, 1988
Assisted in Drafting a Bill to Further Advance the Rights of Defrauded Investors, House Subcommittee on Telecommunications and Finance |
| Representative Cases: |
Shearson/American Express, Inc. v. McMahon, 482 U.S. 220 (1987)
In the Matter of Arbitration between Engel et al. v. Refco, Inc. et al, 746 N.Y.S. 2d 826 (Supreme Court of New York City 2002)
Amato v. Refco, LLC, et al.
Blumenfeld v. Refco, LLC, et al.
Bushnell v. Refco, LLC, et al.
Crosby v. Refco, LLC, et al.
Dieckhaus v. Refco, LLC, et al.
Dominguez v. Refco, LLC, et al.
Elliott v. Refco, LLC, et al.
Herst Ventures, Inc. v. Refco, LLC, et al.
Imhof v. Refco, LLC, et al.
Jack Engel and Ilene Engel, Co-Trustees of the Engel Family Trust U/T/A v. Refco, LLC et al. (1970)
Krickl v. Refco, LLC, et al.
Rosett v. Refco, LLC, et al.
XBD Claims Management Co., LLC, et al. v. Refco, LLC, et al.
Refco LLC v. Dieckhaus, et al., No. 01 C 6480, slip op. (N.D. Ill. 2001)
Sioufi v. Merrill Lynch, Pierce, Fenner & Smith, Wall St. J. (1994)
Cowen & Co. v. Anderson, 76 N.Y. 2d 318 (1990)
Merrill Lynch, Pierce, Fenner & Smith v. Driessens, N.Y.L.J. 27 (col. 5) (Sup. Ct. N.Y. Cty 1996) |
| Professional Associations and Memberships: |
New York State Bar Association
Member |
| Past Employment Positions: |
| Skadden, Arps, Slate, Meagher & Flom, New York City, Associate, Litigation Department |
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