He retired from Merrill Lynch in 2010 as Senior Vice President and Assistant General Counsel where he spent 25 years representing both the broker-dealer and the institutional and investment banking businesses.
Beginning in 1996, he assumed direct responsibility for all litigation relating to Merrill Lynch’s investment banking and institutional businesses in Europe, the Middle East, Asia, and Australia.
In 2003, he took on a comparable responsibility for international litigation involving the firm’s International Wealth Management business. Simultaneously, he held the position of Merrill Lynch’s Director of Product and Class Action Litigation relating to the firm’s domestic wealth management business.
Prior to joining Merrill Lynch, Mr. Mann was Counsel and head of the legal department in the New York office of the National Association of Securities Dealers, Inc., where his responsibilities included counseling the examination and enforcement staffs, and prosecution of all disciplinary proceedings commenced by the office against member firms and associated persons. Prior to that, Mr. Mann was associated with the firm Marshall Bratter, Greene, Allison & Tucker where he specialized in commercial and securities litigation.
- Has tried over 50 arbitrations to judgment, as well as commodities reparations proceedings before the Commodities Futures Trading Commission
- Developed a protocol for adjudication of over 400 customer disputes relating to limited partnership investments
- Represented Merrill Lynch and its employees in connection with the SEC investigation relating to the Orange County, California bankruptcy, and represented the firm in litigation commenced by municipal and pension plan investors in the Orange County Investment Pool. That litigation was ultimately resolved through JAMS mediation.
- Represented Merrill Lynch in numerous high profile litigations commenced by Enron investors in the aftermath of the Enron bankruptcy
- Had overall responsibility for managing Merrill Lynch and Bank of America’s exposure to investors in auction rate securities and other debt instruments impacted by the credit crisis of 2007-2008. He established and chaired a committee of senior legal and business leaders to resolve selected investor auction rate securities claims by Merrill Lynch customers prior to the commencement of litigation or a regulatory settlement whereby auction rate securities owned by retail and certain not-for-profit and other small business clients were repurchased by the firm.
- Directly negotiated the resolution of a dispute with a major Middle Eastern investment company relating to a multi-currency lending facility created to facilitate securities, options, and futures trading and losses resulting from that strategy
- Led the legal team in resolution of a dispute with a European central government in connection with a transaction intended to hedge the nation’s currency risk. In connection with this dispute, Mr. Mann strategically managed complex regulatory issues involving multiple international jurisdictions.
- Has had overall responsibility for class action litigation and numerous individual claims relating to limited partnerships, market timing, initial and secondary public offerings of securities, the equity market dislocations of 2001-2002, the credit market collapse of 2007-2008, various merger and acquisition disputes and other financial markets litigation
- Has participated as a party in over 25 successful mediations of securities disputes under the auspices of JAMS, FINRA, the New York state courts and private mediation
- Has participated, either as a hearing officer or as a prosecutor or defense lawyer, in over 100 disciplinary proceedings at the American Stock Exchange or the National Association of Securities Dealers, Inc. (nka FINRA)
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Registered Mediator, United States Bankruptcy Court for the Southern District of New York
- Office of the Hearing Board, New York Stock Exchange Regulation, Inc., 2009-2010
- Member, Disciplinary Hearing Committee, American Stock Exchange, 1995-2009
- Merrill Lynch’s representative to the Bond Market Association, 2001-2003
- Member , Board of Arbitrators, National Association of Securities Dealers, 1981-1986
- Member, SIFMA and FIA Law and Compliance Divisions
- Member, Bar Associations of New York, the District of Columbia and California (inactive)
- Senior Vice President and Assistant General Counsel, Bank of America Corporation, 2009-2010
- Senior litigation attorney supporting the Merrill Lynch International Wealth Management Division of Bank of America, as well as overall management responsibility for all litigation and related regulatory issues arising out of the Division’s business in Europe, the Middle East, Asia, Australia, and Canada; overall responsibility for litigation relating to claims concerning the credit collapse and auction rate securities involving both Merrill Lynch and Bank of America
- First Vice President and Assistant General Counsel, Merrill Lynch, Pierce, Fenner & Smith
- Director of Product, Class Action and International Litigation and Arbitration Group, 2003-2008
- Senior Litigation Counsel to Global Markets and Investment Banking, 1994-2003
- Senior Counsel for Private Client Litigation and Manager of Eastern Sales Division Litigation,
- Private practice, New York, NY, representing NASD member firms and associated persons in
connection with civil litigation, regulatory investigations and proceedings, 1981-1986
- Senior Litigation Counsel, Merrill Lynch, Pierce, Fenner & Smith Incorporated, 1980-1981
- New York District Counsel, National Association of Securities Dealers, Inc., 1979-1980
- Litigator, Marshall, Bratter, Greene, Allison & Tucker, NY, 1974-1979
- J.D., Columbia University School of Law, NY, 1974 (Harlan Fiske Stone Scholar)
- B.A., magna cum laude, St. Peter’s College, Jersey City, NJ, 1970
- “Consistently demonstrated a singular ability to dispassionately assess complex and difficult problems, defuse volatile situations, and propose solutions to apparently intractable disagreements.”
-S. L. Hammerman, former Vice Chairman of the Board, Merrill Lynch
- “I would not hesitate to use Jim as a mediator of an investor or employment dispute and I would highly recommend his services.”
-T. G. Eppenstein, Esq., Eppenstein & Eppenstein
- “I would select Jim to sit on an arbitration panel as he is extremely qualified to evaluate documents and the credibility of witnesses. Additionally, Jim would be an excellent mediator as he brings to the table the ability to facilitate as well as evaluate cases. I highly recommend Jim as an arbitrator and/or mediator.”
-S. D. Toskes, Klayman & Toskes
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