Fax sent by : 212 858 4389 FINRA 03-09-10 12:05p Pg: 1/22

Fax sent by : 212 858 4389 FINRA 03-09-10 12:05p Pg: 1/22 FINRA Dispute Resolution Northeast Processing Center One Liberty Plaza 165 Broadway, 27th Floor Fax: 301-527-4873 Finr7fir Number of Pages including the Cover Sheet: Date: 03/08/2010 Case Number: 09-00979 Case Name: Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. v. Warren Spector To: Harry P Susman Phone From: Nicole Haynes Case Assistant Manager Message: This facsimile transmission is intended only for the addressee(s) shown above. It may contain information that is privileged, confidential, or otherwise protected from disclosure. Any review. dissemination or use of this transmission or its contents by persons other than addressee is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone at the above number. EFTA01153965 Fax sent by : 212 858 4389 FINRA 03-09-10 12:05p Pg: 2/22 Finr?" Financial industryRegulatoryAuthority March 8, 2010 Harry P Susman, Esq. Susman Godfrey LLP 1000 Louisiana Suite 5100 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: Your case is ready for the next phase of the pre-hearing process. Below is information on: The assigned Case Administrator, Verification of your contact information; Panel composition; The Initial Pre-hearing Conference; Opting out of the Initial Pre-hearing Conference; Rescheduling the Initial Pre-hearing Conference; Fees; and Mediation. Assigned Case Administrator As a reminder, your case has been assigned to Nicole C. Haynes. Please direct all correspondence and inquiries to Nicole C. Haynes at the below address or at 212-858-4200. Please reference your assigned case number when contacting FINRA staff. Verify Your Contact Information The enclosed Case Information Sheet reflects the contact information that we have on file. If the contact information is incorrect or if we do not have a telephone number for you, please contact this office immediately and provide your contact information. Panel Composition FINRA Dispute Resolution appointed an arbitration Panel based upon the parties' consolidated lists. The enclosed Case Information Sheet lists the arbitration Panel's composition. The Arbitrators' classifications as public or non-public are accurate at the time of their appointment. Investor protection. Market integrity. Dispute Resolution One Liberty Plaza No: llicaid Regional Office 165 Broadway 2/th floor New York, NY 10006-1404 t 212 858 COO f 301 527 4873 wiry/tuna org EFTA01153966 Fax sent by : 212 858 4389 FINRA 63-69-10 1Z:U6p Pg: S/ZZ Please note that if the number of Arbitrators available to serve from the parties' consolidated lists was not sufficient to fill the Panel, pursuant to the Code of Arbitration Procedure,' the Director of Arbitration appointed one or more Arbitrators to complete the Panel. The Arbitrator Disclosure Reports of any such Arbitrators are enclosed. Please note that the Arbitrator Disclosure Reports include each Arbitrators past awards. The awards are available through our online award database at www.finra.org/arbitrationmediation/index.htm. Initial Pre-Hearinq Conference Pursuant to the Code of Arbitration Procedure, 2 the telephonic Initial Pre-hearing Conference is scheduled for March 25, 2010 at 01:00 PM Eastern Time Zone. The purpose of the conference is to set hearing dates, and, if necessary, to set a discovery schedule, briefing and motions deadlines, pre-hearing dates, and to identify any issues that may require Arbitrator intervention. Prior to the conference, please confirm the availability of all witnesses and have a realistic estimate of the time you will need to present your case. Also, please have your calendar available at the Initial Pre-hearing Conference. Our conference coordinator will call you at the telephone number listed on the enclosed Case Information Sheet or the corrected number that you have provided. If you will not be at this telephone number on the date and time of the Initial Pre-hearing Conference you may join the conference by dialing 1-888-455-1880. The conference coordinator will ask for a password and the name of the conference leader. The password is the arbitration case number, including the zeroes, and the conference leader is the Chairperson or the assigned FINRA Case Administrator. Opting Out of the Initial Pre-hearinq Conference Parties may opt out of the Initial Pre-hearing Conference by submitting a joint request to opt out and including a proposed scheduling order with the request. The proposed order should address all items included in the Initial Pre-hearing Conference Scheduling Order. Parties may obtain a copy of the order from our Web site, www.finra.org. For cases proceeding according to the Old Code,3 it is within the Panel's discretion to grant or deny the parties request to opt out of the Initial Pre-hearing Conference. For cases proceeding according to the Customer or Industry Code,` the parties may agree to forego the Initial Pre-hearing Conference only if they jointly provide the Director with a proposed scheduling order that includes all the requisite information. 5 'Customer Code Rule 12406(c) Industry Code Rule 13406(c) Old Code Rule 10308(6)(4Xb) 2Customer Code Rule 12500 Industry Code Rule 13500 Old Code Rule 10315 3Cases filed before April 16, 2007 proceed according to the Old Code. `Cases filed on or after April 16, 2007 proceed according to either the Customer or Industry Code. 5Customer Code Rule 12500(c) Industry Code Rule 13500(c) EFTA01153967 Fax sent by : 212 858 4389 FINRA 03-09 -1U 1Z:Ubp rg; 4/Zz Procedure to Reschedule the Initial Pre-hearing Conference If the Initial Pre-hearing Conference date is not convenient, you may request that the Panel reschedule the Initial Pre-hearing Conference. Any request to reschedule the conference must include four mutually agreed upon dates and times to reschedule the conference. We will not send the parties' request to reschedule the conference to the Panel unless we receive proposed agreed upon rescheduled dates and times. If you would like the Panel to reschedule ₹he conference, you must submit, in writing, the agreed upon dates and times within 14 days of the date of this letter. Fees The Panel will assess the cost of the Initial Pre-hearing Conference to the parties. Pursuant to the Code of Arbitration Procedure ,e the Panel may require the parties to pay hearing session fees during the course of the arbitration. For information on forum fees, please review the appropriate Code sections. If you are counsel representing a party, it is your responsibility to ensure that your client understands his/her responsibilities regarding fees. Mediation FINRA Dispute Resolution has a successful, voluntary mediation program. Are you interested in mediation? If yes, please check the following box and return a copy of this letter to me. [ Online Evaluation As a service organization, the primary goals of FINRA Dispute Resolution are the integrity of its process and the satisfaction of its clients. To ensure that we are meeting your needs and satisfying our commitment to you, we need to hear from you. At the conclusion of this case, please take the time to complete an evaluation of our services, the process, and the Arbitrator(s) assigned to your case. For your convenience, we have now made it possible for you to evaluate our services using the Internet. Please direct your Web browser to http://www.finra.org/arbevaluation. If you do not have Internet access, or have difficulty completing the evaluation online, you may complete the enclosed paper version of the evaluation and mail it in the enclosed envelope. If you need another paper copy of the evaluation form, please contact the undersigned. Wheneverpossible, however, please use the new online version: doing so will help us to review your feedback in a more expeditious and analytical manner. Your feedback is a valuable and necessary component in our efforts for improved service. Please contact o r office if you have any questions. Ve truly yours, Nico • C. Haynes Cas: Assistant M ^ ger Pho e: 212-8584200 °Gus omer Code Rule 12902(b)(1) Industry Code Rule 13902(b)(1) Old Code Rule 10322(a) or Rule 10205(a) EFTA01153968 Fax sent by : 212 858 4389 FINRA 03-09-10 12:07p Pg: 5/22 Fax: 301-527-4873 [email protected] NCH:em:LC08C idr: 09/30/2009 Enclosures CC: Andrew Joseph Donovan David I. Goldblatt John Michael Richardson RECIPIENTS: Gabrielle Gould, Esq., Bear Steams & Co Kramer Levin Naftalis & Fankel LLP, 1177 Avenue of Americas, New York, NY 10036 Gabrielle Gould, Esq., Bear Steams Asset Management Inc. Kramer Levin Naftalis & Fankel LLP, 1177 Avenue of Americas, New York, NY 10036 Gabrielle Gould, Esq., The Bear Steams Companies Kramer Levin Naftalis & Fankel LLP, 1177 Avenue of Americas, New York, NY 10036 Harry P Susman, Esq., Financial Trust Company, Inc. Susman Godfrey LLP, 1000 Louisiana, Suite 5100, Houston, TX 77002 Harry P Susman, Esq., The C.O.U.Q. Foundation, Inc. Susman Godfrey LLP, 1000 Louisiana, Suite 5100, Houston, TX 77002 Meredith L. Turner, Esq., Warren Spector Wachtel, Lipton, Rosen & Katz, 51 West 52nd Street, New York, NY 10019-6150 EFTA01153969 Fax sent by : 212 858 4389 FINRA 03-89-18 12:87p Pg: 6/ZZ F inra Financial Industry Regulatory Autho- 1. CASE INFORMATION: A. CASE-NUMBER: 09-00979 B. CASE-NAME: Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. v. Warren Spector C. FINRA Dispute Resolution REPRESENTATIVE: Nicole C. Haynes Case Assistant Manager FINRA Dispute Resolution One Liberty Plaza 165 Broadway, 27th Floor New York, NY 10006 212-858-4200 D. HEARING DATE: March 25, 2010 at 01:00 PM Eastern Time Zone E. ADDITIONAL HEARING SESSIONS: Additional hearing session(s) are scheduled on: None F. HEARING LOCATION: Initial Pre-hearing Conference NY Conference Call Number: 1-888-455-1880 Passcode: 09-00979 2. PARTY REPRESENTATIVE INFORMATION: REPRESENTATIVE: Gabrielle Gould, Esq., Kramer Levin Naftalis & Fankel LLP Phone: 212-715-7662, Fax: 212-715-8043 Email: Unknown PARTY(IES): The Bear Steams Companies, Respondent Bear Steams & Co, Respondent Bear Steams Asset Management Inc., Respondent REPRESENTATIVE: investor protection. Market integrity. Dispute Resolution One liberty Plaza Northeast Regional Office 165 Broadway 27th floor New York, NY 10008-140i t 212 6584200 f 301 527 4873 wwwfava.org EFTA01153970 Fax sent by : 212 858 4389 FINRA 03-89-18 1Z:Wp rg; f/zz Harry P Susman, Esq., Susman Godfrey LLP Phone: 713-653-7875, Fax: 713-654-6686 Email: [email protected] PARTY(IES): The C.O.U.O. Foundation, Inc., Claimant Financial Trust Company, Inc., Claimant REPRESENTATIVE: Meredith L. Turner, Esq., Wachtel, Lipton, Rosen & Katz Phone: 212-403-1165, Fax: 212-403-2000 Email: [email protected] PARTY(IES): Warren Spector, Respondent 3. ARBITRATION PANEL: David I. Goldblatt Public Arbitrator Chairperson Andrew Joseph Donovan Non-Public Arbitrator Panelist John Michael Richardson Public Arbitrator Panelist Arbitrator classification is reported in accordance with the Codes of Arbitration Procedure for Customer and Industry Disputes, Rules 12100(p) and (u) and 13100(p) and (u), respectively. For more information, please see Regulatory Notice 08-22. LC208 idr. 10/05/2009 RECIPIENTS: Harry P Susman, Esq., Financial Trust Company, Inc. Susman Godfrey LLP, 1000 Louisiana, Suite 5100, Houston, TX 77002 EFTA01153971 Fax sent by : 212 858 4389 FINRA 03-09-10 12:08p Pg: 8/22 FinrtrFinancial Indust/ Regulatory Authority March 8, 2010 Harry P Susman, Esq. Susman Godfrey LLP 1000 Louisiana Suite 5100 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: The Code of Arbitration Procedure' allow for direct communication between the parties and Arbitrators to an arbitration proceeding. To participate under the Rule, all parties must be represented by counsel. Also, all parties and Arbitrators must agree to the procedures. If a party chooses to proceed without counsel after agreeing to use the Rule the case will no longer be processed under the Rule. As a result, counsel for the parties must immediately notify all other parties, the Arbitrators, and the assigned FINRA Dispute Resolution case administrator if counsel no longer represents a party in the case. Agreement to Proceed Under the Rule The agreement to proceed under this rule must be outlined in the written order of the arbitration Panel. Direct communication between the parties and Arbitrators is limited to the transmission of correspondence as outlined in the Initial Pre-hearing Conference Scheduling Order (Order) or subsequent order of the Panel. The current versions of the Initial Pre-hearing Conference Script and Order are available on our Web site at wNw.finra.org. Parties should send all other correspondence not specifically outlined in the Order to the FINRA Dispute Resolution case administrator who is assigned to your case. The mailing should include the appropriate number of copies for distribution to the arbitration Panel. Transmission of Documents If the parties agree to proceed under the Rule, they must send a copy of any document identified in the Order to their opposing counsel and the FINRA Dispute Resolution case administrator on the same day and by the same method of transmission (e.g., facsimile, overnight courier, 'Customer Code Rule 12211 Industry Code Rule 13211 Old Code Rule 10334 Investor protection. Market integrity. Dispute Resolution One Liberty Plan Northeast Regional Office 165 Etroartway ?7th Floor New York, NY 10006-1404 t 112 858 4200 f 301 527 .1.873 wwwfinworg EFTA01153972 Fax sent by : 212 858 4389 FINRA 03-89-10 12:08p Pg: 9/22 electronic mail, or U.S. mail). However, if the document exceeds 15 pages, parties must send FINRA Dispute Resolution a copy by overnight courier or U.S. mail. Parties and Arbitrators may also agree to a similar page limit. Parties may use electronic mail or facsimile only if all parties and Arbitrators have such capability, which must be verified at the Initial Pre-hearing Conference or a later conference. If the parties and Arbitrators agree to use electronic mail, FINRA Dispute Resolution recommends that all parties and Arbitrators include the following or similar paragraph in their electronic mail messages. This message contains confidential information and is intended for the recipient If you are not the intended recipient, you are notified that disclosing, cop_yingt distributing or taking any action in reliance on the contents of this information is strictly prohibited. Email transmission cannot be guaranteed to be secure or error- free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of any email transmission sent or received. If verification is required. Please request a harchcopy version. If the parties and Arbitrators agree to use facsimile, FINRA Dispute Resolution recommends that all parties and Arbitrators include the following or similar paragraph on their fax cover page. This fax transmittal is strictly confidential and is intended solely for the person or organization to which it Is addressed. If you have not received all pages of this fax, please call 212-858-4200. Prohibited Oral Communication with Panel The parties are still prohibited from direct oral communication with any member of the Panel, except in the presence of all parties or representatives. Please his office if you have any questions. Very truly yours Nico Case ager Phon : 212- -4200 Fax: 301-527-4873 NEProcessingCenter©finra.org NCII:em:LC53B idr: 09/22/2009 RECIPIENTS: Gabrielle Gould, Esq., Bear Steams & Co Kramer Levin Naftalis & Fankel LLP, 1177 Avenue of Americas, New York, NY 10036 EFTA01153973 Fax sent by : 212 858 4389 FINRA U3-W1-111 1Z;eup rg• su/Lz Gabrielle Gould, Esq., Bear Stearns Asset Management Inc. Kramer Levin Naftalis & Fankel LLP, 1177 Avenue of Americas, New York, NY 10036 Gabrielle Gould, Esq., The Bear Stearns Companies Kramer Levin Naftalis & Fankel LLP, 1177 Avenue of Americas, New York, NY 10036 Harry P Susman, Esq., Financial Trust Company, Inc. Susman Godfrey LLP, 1000 Louisiana, Suite 5100, Houston, TX 77002 Harry P Susman, Esq., The C.O.U.Q. Foundation, Inc. Susman Godfrey LLP, 1000 Louisiana, Suite 5100, Houston, TX 77002 Meredith L. Turner, Esq., Warren Spector Wachtel, Lipton, Rosen & Katz, 51 West 52nd Street, New York, NY 10019-6150 Andrew Joseph Donovan David I. Goldblatt John Michael Richardson EFTA01153974 Fax sent by : 212 858 4389 FINRA 03-89-10 12:08p Pg: 11/ZZ FINRA Divas.) Resoluton Arbitrator ID: A14571 Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 03/04/2010 Name: Mr. David I. Goldblatt Arbitrator ID: A14671 CRD #: City/State/Country: New York / NY / United States Classification: Public FINRA Mediator. No Chair Status: Qualified ARBITRATOR Skills in Controversy: Employment - Breach of Contract, Employment - Commissions, Employment - Compensation, Employment - Discrim. Age, Employment - Discrim. Race, Employment - Employment Discrimination. Employment - Libel or Slander on FormU-5, Employment - Libel or Slander, Employment - Partnerships. Employment - Promissory Notes. Employment - Retaliation, Employment - Wrongful Termination Skills in Securities: Common Stock, Limited Partnerships Statutory Discrimination Qualified - This arbitrator meets the conditions set forth in FINRA's Code of Arbitration Procedure to serve as the chairperson or sole arbitrator on a case involving a statutory discrimination claim. Injunctive Qualified - This arbitrator is an attorney and has reported experience litigating cases involving injunctive relief. EMPLOYMENT Start Date End Date Finn Position 05/1997 Present Retired not provided 01/1970 04/1997 Proskauer Rose Goetz et. Partner 08/1961 10/1970 Proskauer Rose Goetz et. Associate EDUCATION Start Date End Date School School College Degree LLB BA 09/1958 09/1954 06/1961 Yale Law 0611958 Antioch TRAINING Completed Description Details Finn/School Hours Location 03/2009 Motion to Dismiss FINRA 01/2009 Training Expungement - 2008 FINRA 1 03/2007 Refresher Revised Code of NASD 2 online 08/2004 Arbitration Expungement online mini-course NASD 1.5 online 03/1997 Mediation Training NYC 11/1996 Chairperson Securities NASD 7 New York, NY 06/1996 Training Intro Securities Arbitrator NASD 6.5 New York, NY Training Paw 1 of 3 Publicly Available Awards Section. Current as of 03/08/2010 EFTA01153975 Fax sent by : 212 858 4389 FINRA 03-09-10 1Z:69p Pg: 1Z/ZZ FINRA Dispute Reaalution 01/1992 Mediation Training Bar Association of the City of New York Arbitrator ID: A14671 New York, NY TYoe Has an account with Had an account with Arbitrator for Had an account with Is a Client Was a Client Is a Member of Bar Association DISCLOSURE/CONFLICT INFORMATION Firm Name Charles Schwab & Co., Inc. Merrill Lynch Pierce Fenner & Smith NYSE UBS Financial Services Inc. Details PaineWebber, Inc. (had) Bridgewater Advisors Inc. Intergrated Resources, Inc. (was) New York PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Current as of 03708/2010 Case ID Case Name Close Data 07-02493 Interactive Brokers LLC v. Lek Securities Corporation, Petra Trading Group LLC, Last Atlantis 10/28/2009 Capital Management, etal. 06-02076 Eugene C. Ross v. Bear Steams & Co., Inc. 10/09/2009 08-01168 Robert Hwang vs. Stifel Nicolaus and Company, Inc. 04/08/2009 07-02659 Todd Meldrum v. TD Ameritrade, Inc. 03/12/2008 06-04084 Roy Budd vs. Citigroup Global Markets, Inc. 02/25/2008 07-01899 The Estate of Alastair John Stair v. PMG Securities Corporation and Matthew J. Ryan 11/07/2007 05-04473 Rita Fisher v. Fidelity Brokerage Services LLC 06/14/2006 05-04104 Katrina Schalensky v. Citigroup Global Markets (f/k/a Salomon Smith Barney) 02/23/2006 05-00449 Alice Kelly, Pearl Daniels, Phyllis Crank vs. Gilbert C. Varnes, Jr. USAllianz Securities, Inc f/Ida 12/15/2005 LifeU$A Sec. 05-01444 J.B. Hanauer & Co. v. Paul Horvath 09/22/2005 00-02546 Max Fodiman, Bruce B. Fodiman, Fred B. Fodiman and Myra M. Fodiman v. David Lemer 09/09/2005 Associates, Inc. 04-02884 Ian Allena vs. Prudential Equities Group, LLC John S. O'Donnell and Mark Hyde 08/04/2005 04-04520 Alice Adjmi vs. Citigroup Global Markets, Inc. f/k/a/ Salomon Smith Barney, Inc. 05/26/2005 03-08775 Theresia S. Blair vs. Citigroup Global Markets, Inc. f/k/a Salomon Smith Barney, Inc.. John Ryan. 12/09/2004 David Nelson, etal 01-03313 Robert W. Lisnoff vs. Parker Financial Corp., Jeffrey Gray, John Serkes and Keith Feldman 07/12/2002 00-04507 Dean Witter Reynolds, Inc. v. Joseph Amato, Michael Braccia, Daniel DelRosso, John A. 04/16/2002 Zadwydas, et al 01.00196 Francisco Pedros v. Gifford Securities, Gabriel Caring. Howard Perkins, III, and Chris Pomarico 04/02/2002 99-00472 Kathleen Yacoe•Hughes v. Janney Montgomery Scott, Inc. 02/1712000 97-01783 Danny Chow v. Joseph Stevens & Co., Schroder Wertheim & Co. and Steven Tabb 05/12/1998 96-01311 Milan L. 0bradovich vs. Fidelity Brokerage Services, Inc. 05/23/1997 Par tot ARBITRATOR BACKGROUND INFORMATION Publicly Available Awards Section. Current a$ or 03/0872010 EFTA01153976 Fax sent by : 212 858 4389 FINRA 03-89-16 1z:tsvp 1g; ii/cc FINRA Dispute Resoiubon Arbitrator ID: A14671 I am a 1958 graduate of Antioch College. where I majored in Business dministration/Actounting. and a 1961graduate of Yale Law School. where I was an editor of the Yale Law Journal. joined Proskauer Rose LLP (then Proskauer Rose Goetz & Mendelsohn) in 1961, became a partner in 1970, and remained there until 1997, when I retired from the active practice of law. Throughout my career at Proskauer I was a member of the firm's Litigation Department, specializing in commercial and corporate litigation, principally civil. I handled a number of securities class actions, usually representing an accounting firm as defendant, SEC administrative proceedings against accountants, bankruptcy matters on behalf of debtors, employment disputes (representing the employer), patent, copyright and trademark matters, and a variety of other commercial matters. I have served as an arbitrator for the NASD and the New York Stock Exchange, as an arbitrator or mediator in court-mandated arbitrations or mediations and, through the Bar Association of the City of New York, as a mediator in lawyer-client disputes. CHAIRPERSON QUALIFICATIONS FOR STATUTORY EMPLOYMENT DISCRIMINATION CASES During the course of my 37 years as a practicing ktigator, I handled several cases involving claims of employment discrimination. One involved alleged discrimination on the basis of race, and was tried to a conclusion. Two involved alleged discrimination on the basis of age. One of those was settled and the other dismissed on motion. I have also represented an employer in approximately 12 law suits or arbitration proceedings brought by present or former employees, where the claims were not based on discrimination but on alleged defamation, breach of contract, or other claims. I was in private practice with a firm of Proskauer Rose LLP, as an associate from 1961-1970 and as partner from 1970. Since May, 1997, I have been a retired partner of that firm. Page 301 3 Publicly Available Awards Settee, Currant as or 03/08/2010 EFTA01153977 Fax sent by : 212 858 4389 FINRA Dispute Resolution FINRA U3-89-111 1ZATip rg; lizcz Arbitrator ID A57214 Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 03/04/2010 Name: Mr. John Michael Richardson Arbitrator ID: A57214 CRD City/State/Country: New York / NY / United States Classification: Public FINRA Mediator. No Chair Status: None ARBITRATOR Skills in Controversy: There are no Skills in Controversy information. Skills in Securities: There are no Skills in Security information. Start Date 08/2003 09/1971 09/1969 09/1966 End Date Present 07/2003 08/1970 08/1969 EMPLOYMENT Firm John Michael Richardson Pennie & Edwards Mutual of New York Deloitte Position Solo Law Practice Law Clerk/Associate/Partner Internal Auditor Auditor Start Date End Date 09/1975 05/1976 09/1970 05/1973 09/1966 08/1969 09/1962 05/1965 EDUCATION School New York University Fordham Law School Institute of Chartered Accountants Trinity College, Cambridge Dent LLM Taxation JD CA BA/MA TRAINING Completed Description Details Firm/School Roma Location 07/2009 Expungement online revised • 3/2009 FINRA 1.5 online 07/2009 Expungement - 2008 FINRA 1 06/2009 Refresher Online Basic Panel FINRA 11 online 06/2009 Training Onsite Basic Panel FINRA 4 New York, NY Training 04/2008 Mediation Training Commercial Division Commercial Division 8 White Plains, NY Mediators Supreme Court 02/2008 Mediation Training International Commercial Mediation International Chamber of Commerce 24 Paris, France 06/2007 Non-Securities Related Training International Chamber of Commerce 15 San Francisco, CA 12/2006 Mediation Training Court Mediator CPR Intl Inst for 18 New York. NY Conflict Prevention Page 1of 3 Publicly Available Awards Section. Currant as of 03/0812010 EFTA01153978 Fax sent by : 212 858 4389 FINRA Dispute Resolution FINRA 03-09-1U 12:16p rg; 1b/zz Arbitrator ID: A57214 12/2006 Non-Securities Related AM 11 Boston, MA 05/2006 Training Mediation Training Commercial Division 4 New York, NY Supreme Court 11/2005 Mediation Training Basic Mediation NYC Bar 26.5 New York. NY 10/2005 Non-Seairibes Related Training World Intellectual 14 Geneva, Switzerland Training Property Organization 07/2005 Mediation Training Workshop/Advanced World Intellectual 24 Geneva, Switzerland Workshop for Med Property Organization DISCLOSURE/CONFLICT INFORMATION Dfl Is a Member of Bar Association Has an account with Has an account with Has an account with Family Member has relationship with Family Member has relationship with Arbitrator for Mediator for Licensed to Practice Law in Lectured for Is a Member of Bar Association Mediator for Is a Member of Bar Association Licensed to Practice Law in Mediator for Languages other than English Lectured on Licensed to Practice Law in Firm me ABA Citibank Fidelity TIAA-CREF TIAA-Cref Vanguard AAA Eastern District of New York Eastern District of New York Fordham Law School Conference IBA NY County Supreme Court New York Southern District of New York Southern District of New York Details IRA IRA IRA Spouse has account Spouse has account Commercial Division # 1088319 French, German, Italian Intellectual Property/Med Confidentiality New York PUBUCLY AVAILABLE AWARDS Publicly Available Awards Section. Current as of 03108/2010 Case ID Case Name Close Date There is no award information. ARBITRATOR BACKGROUND INFORMATION From 2004 to present: Solo law practice with emphasis on high-end fashion industry. MA Commercial Panel arbitrator, and mediator in commercial division of New York County Supreme Court and in SDNY and EDNY. From 1971 to 2003: Law clerk then associate then partner (1982 - 2003) in Pennie & Edwards, a full-service intellectual Page 2of 3 Publicly Avadet4e Awards Section. Current as of 03/08/2010 EFTA01153979 Fax sent by : 212 858 4389 FINRA 12:10p rg' 1b'LL FINRA Dispute Resolution Arftralor ID: A57214 property law firm in New York dissolved December 31. 2003. Counseling and litigation in full range of intellectual property domestic and international. From 1969 to 1970: Mutual of New York, internal audit 1966 to 1969: public accounting with Deloitte; London, England 1966 to 1968; Toronto. Canada 1968 to 1969: qualified as Canadian Chartered Accountant in 1969. Regular speaker, panelist, or moderator at the Fordham International Intellectual Property Law & Poky conference and assist in planning the annual program content. Moderated at 2008 conference on 'The Right of Publicity". Spoke at the Fordham Third Annual Conference on International Arbitration and Mediation in 2008 on "Mediation Confidentiality" and wrote an article to be published in the New York State Bar Association's new publication "New York Dispute Resolution Lawyer. Fall 2008 on Rule 408 fed. Rule Evidence and Mediation Confidentiality. BA 1965 Trinity College, Cambridge; JO 1973 Fordham Law School; LLM (Taxation) 1976 New York University. Paga 3of 3 Put** AvailabIo Awards Section Current as of 03108/20i0 EFTA01153980 Fax sent by : 212 858 4389 FINRA FINRA Dispute Resolution 03-09-16 12:16p rg; 1//zz Arbitrator A56948 Name: Arbitrator ID: CRD 6: City/State/Country: Classification: FINRA Mediator: Chair Status: None Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 03/04/2010 ARBITRATOR Mr. Andrew Joseph Donovan A56948 1291765 Mohegan Lake / NY / United States Non-public No Skills in Controversy: Account Related - Dividends, Account Related - Transfer Skills in Securities: Annuities, Corporate Bonds, Government securities. Mutual Funds, Municipal Bonds, Municipal Bond Funds, Preferred Stock Start Date En Da 01/2001 Present 01/2001 Present 08/1996 01/2001 05/1996 08/1996 01/1994 12/1997 10/1993 08/1996 01/1990 12/1993 07/1989 10/1993 04/1988 07/1989 07/1984 04/1988 01/1980 06/1984 07/1978 10/1979 EMPLOYMENT Hun LPL Financial Self-Employed Chase Investment Services Advantage Capital Westchester County US Merchant Marine Acad. Town of Yorktown NY Medical College Kidder Peabody Merrill Lynch US Navy Merrill Lynch :sslition Registered Representative Financial Consultant Financial Consultant Registered Representative County Legislator Director of Development NY Councilman Director of Development Financial Consultant Financial Consultant Damage Control Officer Operations Manager EDUCATION Start Date End Date School 12/1994 03/1996 College of Financial Planning 07/1974 02/1983 Fordham University 09/1970 08/1974 Fordham University Degree/ CFP PhD BA TRAINING Completed Description Details Firm/School 03/2009 Motion to Dismiss Completed FAQ FINRA Training 01/2009 Expungement - 2008 Completed FAQ FINRA 1 Refresher 12/2008 Onsite Basic Panel FINRA Training Papa I of 3 Hours Location 1 4 Newark, NJ Putilldy Available Awarcla Section. Current as or 03/05/2010 EFTA01153981 Fax sent by : 212 858 4389 FINRA 03-09-10 12:10p Pg: 18/22 FINRA Dispute Resolution 12/2008 Expungement online FINRA mini-course 11/2008 Online Basic Panel FINRA Training Arbitrator ID: A56948 1.5 online 11 online Tvoe Has an account with I am a client of Is a member of Had an account with I was a client of Received Honors Had an account with I was a client of Was a member of Was a member of Was a member of Has published Has published Lectured on Lectured on Holds Securities License(s) Firm Name LPL Financial LPL Financial Boy Scout Chase Investment Services Chase Investment Services HB Earthen Foundation Merrill Lynch Merrill Lynch New York State 4-H Foundation Town of Yorktown Yorktown Chamber of Commerce DISCLOSURE/CONFLICT INFORMATION Details IRA Leader IRA Fellow Shipe Brokerage/IRA Chairman Elected Councilman Former Director "Fund Raising Management" "Planned Giving Today" Fund Raising Program/Creation & Mgml. Planned Giving Series 7, 24, 63, and 65 Case ID Case Name PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section. Current as of 03/082010 There is no award information. Close Date ARBITRATOR BACKGROUND INFORMATION Andrew Donovan was born in New York City where he attended local schools. He graduated from Fordham University where he received his BA degree. He was awarded a Fellowship by the H.B. Earhart Foundation. He taught American Government at Fordham University from 1976 to 1978. He received his Ph.D. from Fordham University in 1983. In 1978 Mr. Donovan joined Merrill Lynch, Pierce, Fenner and Smith, Inc. in New York. He was appointed Operations Manager for the New York Commodity Sales Office. In 1980. Mr. Donovan took leave from Merrill Lynch and was commissioned an officer in the United States Navy. During his four and a half years on active duty, he served as Damage Control Officer aboard and, ammunition ship and as Navigator aboard the guided missile cruiser, USS Josephus Daniels. After his discharge from active duty in 1984, he remained in the Naval Reserve. He is a graduate of the United States Naval War College. He retired in 2000 with the rank of Lieutenant Commander. Mr. Donovan returned to Merrill Lynch, Pierce. Fenner and Smith in 1984 as a Financial Consultant advising individuals and businesses on investments, insurance and retirement plans. He was later employed by Kidder Peabody and Company as a Financial Consultant and by both New York Medical College and the United States Merchant Marine Academy as Director of Development. Mr. Donovan was a Certified Fund Raising Executive (CFRE) specializing in planned giving. His articles have Page 2of 3 Publicly Available Awards Section. Current as of 03/08/2010 EFTA01153982 Fax sent by : 212 858 4389 FINRA 83-09-16 1Z:11p ry: 11//c4 FINRA Dispute Resolution Arbitrator ID' A56948 been published in "Planned Giving Today" and "Fund Raising Management." He has presented seminars on planned giving, and fund raising program creation and management. In 1989, Mr. Donovan was elected Councilman in the Town of Yorktown. In 1993 he was elected Westchester County Legislator. He was re-elected in 1995. He did not seek re-election at the expiration of his term. During this time he also served as Chairman of the New York State 4-I-I Foundation. He is also a former Director of the Yorktown Chamber of Commerce. Today he serves as a Boy Scout leader. In 1996, Mr. Donovan joined Chase Investment Services as a Financial Consultant in the Yorktown Peekskill area. Mr. Donovan joined the national independent brokerage firm of LPL Financial in 2001. As an Independent financial representative, his business operates under the name of Donovan Financial. As a Certified Financial Planner professional, securities and insurance are offered through LPL Financial which is a member of the FINRA and SIPC. On October 7, 2008, the arbitrator responded to a FINRA survey about auction rate securities. In the response, the arbitrator disclosed that since January 1, 2005, the arbitrator had been employed by or associated with a brokerage firm that sold auction rate securities. Page 3of 3 Pubhtly Available Awards Section. Current at of 03/08/2010 EFTA01153983 rax sent by ; Z1Z USU 43139 FINRA 03-09-10 12:11p Pg: 26/22 CERTIFICATE OF ARBITRATOR'S EXHIBIT No. 1 The documents on this list comprise Arbitrator's Exhibit No. 1. If a document is not identified, it was not received. If this list is not accurate, please contact FINRA Dispute Resolution immediately. Arbitrators must read all documents in Arbitrator's Exhibit No. I prior to u hearing. The list of documents may include certain FINRA Dispute Resolution notices to the parties. Case Number eg- D 4,79 Staff Assigned Name of Claimant(s) Yes [ No Submission Aguzuwut Statement of Claim Amended Statement of Claim t.77.- Motion to Responses to Motion Reply to Motion Other Name ofRespondeta No: l Submission Agreement No [ J Statement of Answer Joint with: Extension to File Statement of [ I Due Date: Answer [ I See enclosed letter(s) Request for Clarification Counterclaim Cross Claim vs. Third-Party Claim vs. Amended Statement of Answer Response to Amended Statement ot Claim c. 0. v C. Date Initially Sent to Parties EFTA01153984 tax sent by ; Z1Z USU 4389 FIMRA 03-09-10 12:11p Pg: 21/22 LResponse to Cross Claim Response to Third-Party Claim Motion to Response to Motion Reply to Motion Other ry ..gasik of Respondent NO. 2 1-.A_ Ai- ei c Cc, Submission Agreement Yes No [ I Statement of Answer Joint with: i/". Extension to File Statement of Answer [ [ ] Due Date: I See enclosed letter(s) Request for Clarification Counterclaim Cross Claim vs. Third-Party Claim vs. Amended Statement of Answer Response to Amended Statement of Claim Response to Cross Claim Response to ThirdParty Claim Motion to Response Co Motion Reply to Motion Other Name of Respondent No. Date Initially Sent to Parties EFTA01153985 09 • 414 PIMA 03-09-10 12:12p Pg: 22/22 Submission Agreement Yes [Ig--- No [ ] Statement of Answer Joint with: Extension to File Statement of Answer [ [ ] Due Date: ] See enclosed letter(s) Request for Clarification Counterclaim Cross Claitn"vs. Third-Party Claim vs. Amended Statement of Answer Response to Amended Statement of Claim Response to Cross Claim Response to Third-Party Claim Motion to Response to Motion Reply to Motion Other ;10440.1aSizo.4 ractIvid2sA44;es• r_ets 0.T15RTtV ., Submission Agreement Yes [ ] No [ ] Statement of Answer Joint with: Extension to File Statement of Answer [ ] Due Date: [ ] See enclosed letter(s) Request for Clarification Counterclaim. Cross Claim vs. Date Initially Sent to Parties EFTA01153986