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Edward Pekarek
Investor Rights Clinic, John Jay Legal Services
BA, College of Wooster
JD, Cleveland-Marshall College of Law
LLM, Fordham University School of Law
Contact:
epekarek@law.pace.edu
(914) 422-4333
Links:
SSRN
Professor Edward Pekarek is a former law clerk for the Honorable Kevin Nathaniel Fox, USMJ, of the United States District Court for the Southern District of New York who holds an LL.M. degree in Corporate, Banking, and Finance Law cum laude from Fordham University School of Law, a JD magna cum laude from Cleveland-Marshall College of Law, and a BA from the College of Wooster (departmental honors). As a law student, Pekarek co-authored and edited the merit brief for the Respondents in the United States Supreme Court fair housing matter of The City of Cuyahoga Falls v. Buckeye Community Hope Foundation, and an amicus brief in the copyright matter Eric Eldred, et al. v. John Ashcroft, Attorney General.
Pekarek is the former editor-in-chief of a specialty law journal and a nationally-ranked law school newspaper, and the author of numerous published articles regarding securities, banking, and corporate governance issues. He presently serves as a member of the Board of Editors for the Public Investor Arbitration Bar Association (PIABA) Bar Journal.
His scholarly work includes numerous textbook chapters and law review articles and has been cited by such notables as former Securities and Exchange Commission (SEC) Director of Enforcement Linda Chatman Thomsen, the Levy Economics Institute of Bard College regarding the banking policy doctrine of “too big to fail,” and the RAND Institute for Civil Justice in a report commissioned by the SEC regarding Broker-Dealer and Investment Adviser regulation.
Professor Pekarek is a frequent commenter about various securities law topics for a variety of media outlets, including ABC News, CNN, Dow Jones Newswire, Law 360 and the Wall Street Journal. He serves as a supervising attorney for John Jay Legal Services, Inc., as Faculty Advisor and coach of the National ChampionSecurities Dispute Resolution Triathlon Team, as Faculty Advisor for the law school newspaper, Hearsay, and is a frequent blogger on securities litigation and arbitration topics as a co-editor of the New York State Bar Assoc. Securities Litigation and Arbitration website, where his recent co-authored article “The Make Believe of Janus,” was named among the “Best of NYSBA” for 2011.
Publications:
| Articles | "The Land of Litigation Make Believe: Janus Capital Group, Inc., et al. v. First Derivative Traders," ___ PIABA. B. J. ___ (2012). |
| "From Refco to Repo to MF Global: Ponzinomic Broker Balance Sheets," ___ PIABA Bar J. ___ (forthcoming 2012) (with S. Cherkaoui) | |
| "Investor's Guide to Securities Industry Disputes: How to Prevent and Resolve Disputes with your Broker," Pace Law School / FINRA Educ. Found. (2011) (with J. Gross, et al., eds.). | |
| "The Shifting Tide of ESI Discovery Cost Allocation," Securities Arbitration 2011, Practising Law Institute, (2011) | |
| "The Goldman Sachs Swap Shop An Examination of Synthetic Short Selling Through Credit Default Swaps and the Implications of SEC v. Goldman Sachs & Co., et al.," The Short Seller Handbook, Elsevier Publishing (2011) (with C. Lufrano). | |
| "Off-Shore Short Sales after Morrison: Will the SEC be Emboldened or Constrained?," The Short Seller Handbook, Elsevier Publishing (2011) (with S. Cherkaoui). | |
| "Emerging Market Short Sales: Ambrosia or Kryptonite?," The Short Seller Handbook, Elsevier Publishing (2011) (with M. Meseha). | |
| “Banks and Brokers and Bricks and Clicks: an Evaluation of FINRA’s Proposal to Modify the 'Bank Broker-Dealer Rule,” 73 Albany Law Review 465 (2010) (with J. Gross). | |
| "The Role of the Shareholder Derivative Demand," The Handbook of Trading: Strategies for Navigating and Profiting from Currency, Bond, and Stock Markets, McGraw-Hill Financial Education Series (2010). | |
| "Bank Merger Reform Takes an Extended Philadelphia National Bank Holiday," 13 Fordham Journal of Corporate & Financial Law 595 (2008) (with M. Huth). | |
| "Hogging the Hedge? 'Bulldog's' 13F Theory May Not Be So Lucky," 12 Fordham Journal of Corporate & Financial Law 1079 (2007). | |
| "Pruning the Hedge: Who is a 'Client' and Whom Does an Adviser Advise?," 12 Fordham Journal of Corporate & Financial Law 913 (2007). | |
| "The Long and Winding Litigation Road of Race and Referenda" | Cleveland-Marshall Law Notes Magazine (Spring 2003). |