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Employment Law
Breach of Contract
Promissory Note

Lehman Brothers Holdings Inc., as assignee of Lehman Brothers Inc. v. Gregory Alan Weiss

Published: Jul. 28, 2012 | Result Date: Jun. 25, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 10-04117 Arbitration –  $904,679

Court

FINRA


Attorneys

Claimant

Victor A. Machcinski Jr.


Respondent

Kate O. Buccieri

Edward S. Zusman
(Markun, Zusman, Freniere & Compton LLP)


Facts

Lehman Brothers Holdings Inc. filed suit against Gregory Weiss, alleging causes of action for breach of contract and unjust enrichment. The causes of action related to repayment of a promissory note executed by Weiss.

Weiss filed a counterclaim and asserted causes of action for misrepresentations and omissions, loss of income, unpaid, unvested or other forfeited compensation and benefits, prorata loan forgiveness, unreimbursed expenses, and loss on a Lehman investment. The causes of action related to Weiss's termination of employment with Lehman.

Damages

Lehman requested outstanding principal and interest in the amount of $872,432 through the date of the statement of claim, plus interest accruing at a rate of $124 per day, as well as costs of collection including attorney fees. Weiss requested no less than $570,000 on his counterclaim.

Result

The arbitration panel found that Weiss was liable to Lehman and awarded Lehman $785,714 in compensatory damages. The panel also found that Lehman was liable to Weiss and awarded Weiss $61,379 in compensatory damages. Weiss's award was offset to Lehman's award, for a net amount due to Lehman of $724,335. Weiss was also liable for interest in the net amount of $105,072 and attorney's fees in the amount of $75,272.

Other Information

ARBITRATORS: Nancy Hutt, Gary H. Kahn, Edward J. Harkins.


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