Meyers & Heim LLP
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Wall Street
444 Madison Avenue, 30th Floor
New York, NY 10022

Phone: (212) 355-7188
Fax: (212) 355-7190

Founded by Former SEC Attorneys



Attorneys

Robert G. Heim  |   Howard S. Meyers  |   Margaret E. Peper
Hendrick Vandamme   |  Judith A. Kaminsky |  Blake W. Reed  
Jeffrey Aibara   |  Magdalena Kadziolka


Robert G. Heim
Attorney at Law
Email: RHeim@meyersandheim.com

      Robert G. Heim was formerly an Assistant Regional Director of the U.S. Securities and Exchange Commission in New York City. Mr. Heim specializes in corporate and securities law, including corporate formation and capital raising, securities regulatory work, securities litigation, white collar criminal defense and NASD arbitrations. Mr. Heim is frequently asked to speak on subjects relating to business and securities law and he has lectured at Yale University, the Wharton School of Business and New York University's Stern School of Business. Mr. Heim has also written for the New York Law Journal.

      Mr. Heim received his B.A. degree, Phi Beta Kappa, from Fordham College in 1990. In 1993, Mr. Heim graduated cum laude, from Fordham Law School in New York, New York. After law school, Mr. Heim was employed in the Northeast Regional Office of the U.S. Securities and Exchange Commission's Division of Enforcement. During his tenure with the SEC, Mr. Heim was responsible for prosecuting several high profile cases, including the SEC's case against eight New York Stock Exchange floor brokers and the SEC's case against Orlando Joseph Jett. Mr. Heim was also responsible for cases involving accounting fraud, fraudulent sales practices, insider trading and market manipulation. Mr. Heim was awarded the SEC's prestigious Capital Markets Award in 1999. Mr. Heim has also made numerous guest appearances on At Large with Geraldo Rivera, CNN, CNBC, Fox News, CBS News, MSNBC and the BBC and is frequently quoted by the New York Times, New York Newsday, New York Post, Bloomberg, and Reuters.

      Mr. Heim is also the author of the book Going Public in Good Times and Bad, A Legal and Business Guide, American Lawyer Media, Inc., February 1, 2002. This comprehensive book provides an insightful and well-structured roadmap for any firm considering moving towards private or public equity funding.

       Mr. Heim is admitted to practice law in the U.S. Supreme Court and in the State and Federal Courts of New York and is a member of the Association of the Bar of the City of New York. Mr. Heim is also a member of the Board of Directors of the Institute for Mediation and Conflict Resolution in New York City.



Howard S. Meyers
Attorney at Law
Certified Public Accountant

Email: HMeyers@meyersandheim.com

       Howard S. Meyers is currently a partner at the law firm of Meyers & Heim LLP where he represents clients in all aspects of securities, employment and commercial litigation. Mr. Meyers' clients include securities broker/dealers, investment advisers, hedge funds, corporate officers and directors, high net worth investors and securities industry professionals. Mr. Meyers is also an arbitrator on behalf of FINRA Dispute Resolution, Inc.

       Mr. Meyers was formerly associated with the U.S. Securities and Exchange Commission from 1994 through 1997 and the nationally recognized law firm of Paul, Hastings, Janofsky & Walker LLP from 1997 through 2000 where he was a litigation associate. He co-founded Meyers & Heim LLP in 2000 with a former SEC colleague.

       Mr. Meyers received his A.B. degree, Phi Beta Kappa, in Business Administration and Accounting from Franklin and Marshall College in 1989. From 1989 through 1991, he was employed as a senior accountant at the international accounting firm of KPMG Peat Marwick. While at KPMG, Mr. Meyers earned his certified public accountant license and was responsible for auditing the financial statements of several FORTUNE 500 companies and regional broker-dealers.

       In 1994, Mr. Meyers graduated cum laude from the Temple University School of Law in Philadelphia, Pennsylvania. After law school, Mr. Meyers was employed as a staff attorney in the Northeast Regional Office of the U.S. Securities and Exchange Commission's Division of Enforcement located in New York City. During his tenure with the SEC, Mr. Meyers was responsible for investigating and litigating complex cases involving sales practice abuses committed by stockbrokers, fraudulent financing and Ponzi schemes, accounting fraud, and the sale of unregistered securities by various public companies. One high profile matter Mr. Meyers was involved with was featured in the June 8, 1998 issue of FORTUNE magazine.

       Mr. Meyers has frequently appeared as a guest legal commentator on CNBC, NBC News, and The Abrams Report to discuss several high profile SEC investigations and their impact on the U.S. securities market. He has also appeared on FOX News to discuss the Justice Department's indictment, and subsequent conviction, of Martha Stewart and is frequently quoted in the financial press.

       Mr. Meyers is currently admitted to practice law in the State and Federal Courts of New York and New Jersey and is a member of the American Bar Association, the American Association of Attorney-Certified Public Accountants, the New York County Lawyer's Association and the American Institute of Certified Public Accountants and the New York State Society of Certified Public Accountants.

       Mr. Meyers has also published the following articles:

Finder's Fee Agreements: Pitfalls and Considerations; New York Law Journal, February 24, 2000.

Schedule D: Looking Behind The Numbers To Provide Better Client Service; The Trusted Professional, February 2003.

Recovering Unpaid Bonus Payments in Turbulent Times, New York Law Journal, June 27, 2008.



Margaret E. Peper
Attorney at Law
Email: MPeper@meyersandheim.com

      Margaret E. Peper began working with Meyers & Heim, LLP in 2003 and is currently Of Counsel to the firm. Prior to relocating to New York in 2003, Ms. Peper was a Partner, Director and Shareholder of Davis & Ceriani, P.C., in Denver, Colorado. Ms. Peper represents customers, broker-dealers and associated persons in all areas of securities fraud matters. She represents financial industry professionals, broker-dealers and publicly- and privately-held companies in state regulatory, SEC and FINRA investigations. Ms. Peper’s employment practice includes representation of employees and employers in all areas of employment litigation and contract negotiations both within and outside of the financial services industry, including on behalf of foreign nationals holding H-1B, O-1 and other visas. Ms. Peper has tried dozens of arbitrations and litigated claims of breach of contract, wrongful termination, discrimination, defamation, breach of fiduciary duty and tortious interference. Besides having appeared regularly before the SEC, FINRA (f/n/a "NASD"), NYSE, U.S. Labor Department and the American Arbitration Association in arbitrations, administrative and enforcement proceedings, Ms. Peper has represented clients in both state and federal court.

      Most recently, in February 2010, Ms. Peper negotiated a six-figure severance package on behalf of an international brokerage services firm executive, and in a separate matter negotiated the settlement of gender and national origin discrimination claims filed against a Federal agency. In December 2009, Ms. Peper obtained a $500,000 settlement on behalf of NYSE floor traders arising from a breach of contract claim. Ms. Peper also successfully represented several privately-held companies and individual executive officers in separate matters involving actions initiated by the SEC, FINRA and 11 different state securities regulators. Recent representative matters also include:

  • Obtained six-figure severance package on behalf of employee of leading global financial services firm.
  • Negotiated reinstatement of employment and back-pay on behalf of employee of one of New York’s (and the nation’s) premier centers in health care, biomedical research and medical education.
  • Obtained a $525,000 settlement on behalf of an institutional broker wrongfully terminated from his LSE-listed investment bank.
  • Despite threatened FINRA enforcement action, obtained a (non-reportable) Letter of Caution following her Pre- Wells Notice “Offer of Compelling Evidence” on behalf of a financial industry executive.
  • Successfully prosecuted counterclaims for fraudulent inducement, misrepresentation and ERISA violations on behalf of financial executive resulting in a significant reduction in the amount owed under Employee Forgivable Loans ("EFLs").
  • Obtained a $575,000 settlement on behalf of an investment banker in a wrongful termination action against the corporate banking arm of an NYSE-listed company.
  • Tried and won a FINRA arbitration award of over $624,000.00 in compensatory damages and interest in addition to $20,000 in forum and filing fees for a retail broker on claims of wrongful termination, tortious interference, and defamation. In this latter case, Ms. Peper successfully invoked the developing legal doctrine stating that licensed securities industry executives are subject to termination for "just cause" only, despite employment on an "at-will" basis.
  • Along with co-counsel, Ms. Peper tried and won an $8,000,000 arbitration award, including over $450,000 in attorneys' fees and $34,000 in forum fees, in a breach of fiduciary duty and civil conspiracy action brought on behalf of executive securities industry employees and shareholders against executive officers of a prominent regional broker-dealer.
  • Obtained $950,000 settlement on behalf of a single public customer in an action alleging churning of an options trading account.
  • Successfully argued an appeal (on the briefs) before the Seventh Circuit Court of Appeals in upholding a dismissal of all claims against corporate and individual securities industry clients involving allegations of fraud and suitability. Jacks v. Schneider Securities, Inc. 217 F.3d 525 (7th Cir. 2000).

      Ms. Peper received her J.D. from the University of Denver, Sturm College of Law where she was research assistant to Professor Edward A. Dauer, Dean Emeritus and Professor of Law. Along with Professor Dauer, Ms. Peper co-authored "Manual of Dispute Resolution: ADR Law and Practice," Chapter 17, (Two Volumes, Shepard's / McGraw-Hill 1994; Annual Supplements 1995 and 1996) - Winner of the 1994 CPR Institute for Dispute Resolution Book Prize. Paperback edition published as "A Student's Guide to ADR Law and Practice." Revised Edition published as "ADR Law and Practice" (Juris Publishing 2000).

Bar Admissions and Memberships
Admissions: 1994, Colorado Supreme Court; 1996, U.S. District Court, District of Colorado; 1996, U.S. Court of Appeals, Tenth Circuit; 1999, U.S. Court of Appeals, Seventh Circuit; 2003, New York and U.S. District Court, Southern District of New York; 2008, U.S. Court of Federal Claims. Memberships: Ms. Peper is a member of the Colorado Bar Association and the New York City Bar.



Judith A. Kaminsky
Attorney at Law

       Judith A. Kaminsky received her B.A. degree, with academic honors, from the State University of New York at Binghamton in 1990. In 1993, Ms. Kaminsky graduated from Fordham Law School in New York, New York. After law school, Ms. Kaminsky spent the next four years as a litigation associate at a prominent entertainment law firm in New York City. Her practice there included litigation of intellectual property and commercial matters before the state and federal courts of New York, including the Second Circuit Court of Appeals, as well as copyright and trademark licensing. In 1998 Ms. Kaminsky became in-house counsel for Halston, a leading design house, in New York City, where she was solely responsible for all legal aspects of the licensing program, as well as matters involving FTC compliance and the company's intellectual property.

       Ms. Kaminsky is admitted to practice law in the State and Federal Courts of New York and is a member of the Association of the Bar of the City of New York.



Blake W. Reed
Attorney at Law

       Blake W. Reed is a real estate lawyer with over 10 years experience. Mr. Reed has represented a broad range of clients, including real estate developers and owners, institutional investors, domestic and foreign financial institutions, public corporations and closely held entities, in connection with commercial leasing, real estate acquisitions, dispositions (including direct and reverse 1031 exchanges) and financings, and development and construction matters. He has also represented both owners and lenders in connection with loan workouts and restructurings, and sales and acquisitions of debt and equity interests in distressed properties.

       Mr. Reed has represented both landlords and tenants in a variety of commercial leasing transactions and the resolution of lease disputes, including major leases ranging in size from 100,000 square feet to in excess of 500,000 square feet. Mr. Reed has also represented institutional lenders in connection with both construction and permanent financing of office buildings, hotels, shopping centers and industrial properties, including multi-property, multi-state financings.

       As a litigator, Mr. Reed has successfully handled matters involving land use, contracts of sale, partnership agreements, mortgage foreclosures, loan workouts, commercial and residential leases, cooperative and condominium sponsorship, and real estate brokerage. He also has handled a wide variety of disputes relating to construction defects, structural and mechanical failures, architectural and engineering malpractice, change orders, delay claims and mechanic's liens.

       Mr. Reed is admitted to the US District Courts for the Eastern and Southern Districts of New York and holds a New York State Real Estate Brokers License.



Jeffrey Aibara
Attorney at Law

       Jeffrey Aibara concentrates in real estate law. Mr. Aibara has extensive experience with real estate financing, contracts of sale, sales and acquisitions, leasing, joint ventures, development and management agreements, joint outsourcing, and has negotiated numerous construction contracts.

       Mr. Aibara has represented both purchasers and sellers in the sale of several office buildings. Mr. Aibara represents real estate developers and investors in the acquisition, disposition, development and financing of various real estate assets.

       Mr. Aibara also represents and counsels both landlords and tenants in retail and office leasing. He has represented cooperative corporations, condominium associations and banking institutions for more than six years.

       Mr. Aibara regularly advises clients on structuring real estate acquisitions and dispositions, as well as development and construction projects.

       Mr. Aibara is admitted to practice law in New York and Massachusetts and is also admitted to the U.S. District Courts for the Eastern and Southern Districts of New York. Mr. Aibara also holds a New York State Real Estate Brokers License and a New Jersey Title Producers License.



Magdalena Kadziolka
Attorney at Law
Email: Mkadziolka@meyersandheim.com

       Magdalena Kadziolka graduated magna cum laude from New York Law School in 2009, where she served as a Senior Editor of the New York Law School Law Review. As a member of the New York Law School Securities Arbitration Clinic, Ms. Kadziolka represented small investors in arbitration before FINRA and appeared on WABC-TV Eyewitness News in connection with her work with the Clinic. Ms. Kadziolka received her B.A. degree cum laude, with honors in French from New York University in 2006. Ms. Kadziolka is proficient in French and Polish.

Ms. Kadziolka is admitted to practice law in Connecticut, is awaiting admission to New York, and is a member of the Connecticut Bar Association, the New York County Lawyers' Association, and the New York State Bar Association.