Lovasz's and Feinberg's immediate supervisor, about the handling of his account and threatened to sue Oppenheimer over the allegedly excessive, unsuitable and unauthorized options trading and securities purchases on his account. Wayne then allegedly directed Lovasz and Feinberg to prepare a memorandum detailing Kempner's active participation in the trading of his account and their request to Kempner to slow down his trading.
In March 1985, Kempner filed this action. Kempner now alleges that, just after he filed the complaint,

*1274 Lovasz was told by Joan Caridi ("Caridi"), one of Oppenheimer's inside counsel, that Oppenheimer, Feinberg and Lovasz would be represented by in-house counsel and the firm of Gold, Farrell & Marks (the "Gold firm"). Lovasz was not offered the opportunity of obtaining his own counsel, nor did Oppenheimer's counsel suggestKempner questioned the authenticity of his signature on the margin agreement at his deposition, Oppenheimer retained an independent handwriting expert who concluded that the margin agreement signature might not be authentic. Oppenheimer so advised the Court and withdrew its reliance on the margin agreement as a basis for arbitration.
Lovasz claims that Feinberg acknowledged to him that Feinberg had actually signed Kempner's name to the margin agreement and told Lovasz that it behooved him to back up Feinberg's story that he had not forged Kempner's name, as both Lovasz and Feinberg would be earning substantial commissions that year, which Lovasz would jeopardize if he did not back up Feinberg's story. Lovasz also claims that, at about the same time, he had learned that microfiche of brokers' trading records on