1. Claimant, Christina M. Faraday for her Claim in Arbitration against Respondents, and each of them, alleges as follows: PARTIES

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1 In the Matter of the Arbitration Between Case No.: Christina M. Faraday, an individual, and Claimant, 1. Wiley, Keene, Doolittle & Brandon, PLLC, a Pennsylvania Limited Liability Corporation; CLAIMS IN ARBITRATION 2. Wiley, Keene, Faraday & Brandon, PLLC, a Pennsylvania Professional Limited Liability Corporation; 3. James R. Wiley, an individual; 4. Gerald L. Keene, an individual; 5. Dante X. Brandon, an individual; Respondents. 1. Claimant, Christina M. Faraday for her Claim in Arbitration against Respondents, and each of them, alleges as follows: PARTIES 2. Claimant, Christina M. Faraday (hereinafter Claimant or Ms. Faraday ) at all times relevant to these proceedings, is a citizen of the State of Colorado and resides in Denver, Colorado. 3. From February 10, 2001 to August 16, 2006, Ms. Faraday was a member of Respondent Wiley, Keene, Faraday & Brandon, PLLC. 4. Respondent, Wiley, Keene, Faraday & Brandon, P.L.L.C. (hereinafter collectively Wiley Keene or the Firm ), is a professional limited liability corporation organized doing business under the laws of the State of Colorado with its principal place of business in Denver, Colorado.

2 5. Respondent, Wiley, Keene, Faraday & Brandon, P.L.L.C. (hereinafter collectively Wiley Keene or the Firm ), changed its name to Wiley, Keene, Doolittle & Brandon, PLLC which is a professional limited liability corporation organized doing business under the laws of the State of Colorado with its principal place of business in Denver, Colorado. 6. Respondents, James R. Wiley ( Wiley ), Gerald L. Keene ( Keene ), and Dante X. Brandon ( Brandon ) were and are members of Wiley Keene. JURISDICTION 7. The Arbitrator has jurisdiction pursuant to Paragraphs 15 of the Separation Agreement referred to herein. The SA, in pertinent part, reads: Any and all disputes or claims arising out of or related to this Separation Agreement or any other matter concerning the membership of Ms. Faraday in the Firm, her departure from the Firm, the financial arrangements between Ms. Faraday and the Firm, the service of Ms. Faraday or the Firm for clients of Ms. Faraday or the Firm or the division or payment of fees from such clients, shall be subject to arbitration before one arbitrator. THE SEPARATION AGREEMENT 8. Wiley Keene, PLLC Wiley, Keen and Brandon individually, and Ms. Faraday, entered into a Separation Agreement between Wiley, Keene, Faraday & Brandon, PLLC and Christina M. Faraday, dated August 16, 2006 (the Separation Agreement ). 9. The Separation Agreement provides in Paragraph 1: This Separation Agreement constitutes the entire agreement between the Firm and Ms. Faraday and supersedes all prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether verbal or written, express or implied, between the parties hereto with respect to the separation of Ms. Faraday and any future obligations or duties as between the Firm and Ms. Faraday, and all prior agreements between them are null and void. Without limiting the foregoing, this Separation Agreement supersedes the Operating Agreement of Wiley, Keene, Faraday & Brandon, PLLC dated as of February 10, 2001 (as amended January 1, 2005) as between the Firm and Ms. Faraday, although that Operating Agreement remains effective among the remaining members of the Firm. P a g e 2 o f 7

3 9. The Separation Agreement was amended via a document entitled Amendment to the Separation Agreement between Wiley, Keene, Faraday & Brandon, PLLC and Christina M. Faraday, dated November 11, 2006 (the Amendment to the Separation Agreement ). THE NEW ENERGY CONTINGENT FEE 10. On or about January 9, 2008, Wiley Keene received a contingent fee from New Energy in the amount of $10,450, (hereinafter referred to as the New Energy Contingent Fee ). 11. Paragraph 10 (D) of the Separation Agreement provides as follows with respect to the New Energy Contingent Fee: If and when the Firm collects the New Energy Contingent Fee, it shall pay Ms. Faraday a percentage of the net amount collected, after deducting any expenses the Firm might incur to collect the New Energy Contingent Fee. The Firm maintains that Ms. Faraday s percentage should be 25% of the net amount collected by the Firm, as that percentage reflects Ms. Faraday s prior share of the equity of the Firm based upon the amended Operating Agreement, dated January 1, Ms. Faraday maintains that her percentage should be higher taking into account her contribution to the New Energy merger with World Fuel, Inc. and the resulting amount of the New Energy Contingent Fee. The Firm and Ms. Faraday agree to negotiate Ms. Faraday s share in good faith and, failing agreement, to arbitrate this dispute if necessary if and when the Firm collects the New Energy Contingent Fee. 12. Pursuant to Paragraph 10 (D) of the Separation Agreement, Wiley Keene entered into and conducted negotiations regarding Ms. Faraday s share of the New Energy Contingent Fee in excess of the $2,559,040 which Wiley Keene admittedly owes to Ms. Faraday. 13. Ms. Faraday was the only member of Wiley Keene to perform any significant work in the matter which resulted in the New Energy Contingent Fee. In addition to the New Energy Contingent Fee, Wiley Keene was paid many millions of dollars in hourly fees during the course of the merger negotiations which resulted in the New Energy Contingent Fee. DISTRIBUTION OF THE NEW ENERGY CONTINGENT FEE 14. On March 3, 2008, Wiley Keene paid Ms. Faraday the $2,612,500 (less expenses of $53,460) which the Firm admittedly owed Ms. Faraday. The net amount paid to Ms. Faraday was $2,559, The whereabouts of the remaining $7,837,500 of the New Energy Contingent Fee is unknown to Ms. Faraday. Ms. Faraday asserts a charging lien against the New Energy P a g e 3 o f 7

4 Contingent Fee, and the remaining $7,837,500 is subject to that charging lien and Ms. Faraday s claims. 16. Ms. Faraday objects to the distribution of the remaining $7,837,500 of the New Energy Contingent Fee except pursuant to an agreement of the parties or a ruling or award of the Arbitrator. 17. Ms. Faraday demands that the remaining $7,837,500 of the New Energy Contingent Fee be held in an interest bearing account until further agreement of the parties or a ruling or award by the Arbitrator. FIRST CLAIM (DECLARATORY RELIEF) 18. Claimant hereby re-alleges and incorporates herein by reference Paragraph 1-17, above as though fully set forth hereinafter. 19. An actual dispute and controversy has arisen and presently exists between Claimant and Respondents regarding the amount of the New Energy Contingent Fee in excess of $2,559,040 which Wiley Keene owes to Ms. Faraday. 20. Ms. Faraday hereby requests a judgment declaring that she is entitled to an amount of the New Energy Contingent Fee in excess of the amount which has been paid to her to date and a award fixing that amount. SECOND CLAIM (INJUNCTIVE RELIEF) 21. Ms. Faraday hereby re-alleges and incorporates herein by reference Paragraphs 1-17, 22. Wiley Keene has threatened to distribute $7,837,500 of the New Energy Contingent Fee to Messrs. Wiley, Keene and Brandon. Such a distribution would irreparably injure Ms. Faraday and would vitiate the terms of the Separation Agreement. 23. There is no adequate remedy at law which would, in the short term, prevent the distribution of the $7,837,500 of the New Energy Contingent Fee. 24. Ms. Faraday hereby requests a Temporary Restraining Order and, if necessary, a Preliminary Injunction, restraining the Respondents, and each of them, from transferring or distributing any part of the $7,837,500 New Energy Contingent Fee to themselves until the P a g e 4 o f 7

5 Arbitrator has an opportunity to review and to rule on the propriety of any distribution of any amount of the New Energy Contingent Fee, or until there is an agreement among the parties. 25. Any distribution of the $7,837,500 of the New Energy Contingent Fee, or any part thereof, without the agreement of the parties or the express sanction of the Arbitrator, would constitute a violation of the Separation Agreement, a breach of fiduciary duty by the Respondents, constructive fraud and a breach of the actual, constructive and/or resulting trust pursuant to which Respondents are holding the remaining $7,837,500 of the New Energy Contingent Fee for the benefit of Ms. Faraday, all constituting irreparable injury as to which there is no adequate remedy at law in the short term. THIRD CLAIM (BREACH OF CONTRACT) 26. Ms. Faraday hereby re-alleges and incorporates herein by reference Paragraphs 1-17, 27. The Respondents owes Ms. Faraday a greater amount of the New Contingent Fee than $2,559,040. Indeed, Respondents have previously offered Ms. Faraday a larger amount as demonstrated in Paragraph 8 (D) of the Separation Agreement proposed by Wiley Keene on June 10, 2006 which, in pertinent part, reads: If and when the Firm collects the New Energy Contingent Fee, it shall promptly pay Ms. Faraday a percentage of the net amount collected after, deducting any expenses the Firm might incur to collect the New Energy Contingent Fee, according to the following formula: 25% of the first $3 million, plus 33% of any amount between $3 million and $5 million, plus 40% of any amount above $5 million. 28. A calculation of the amount owing to Ms. Faraday under Paragraph 8 (D) would yield a distribution to Ms. Faraday in excess of the net amount of $2,559,040 thus far paid to Faraday. 29. The refusal of Respondents, and each of them, to pay Ms. Faraday any amount in excess of the $2,559,040, which has been paid to Ms. Faraday, constitutes a breach of the Separation Agreement which has damaged and continues to damage Ms. Faraday in an amount to be determined according to proof. P a g e 5 o f 7

6 FOURTH CLAIM (AGE DISCRIMINATION CLAIM) 30. Ms. Faraday hereby re-alleges and incorporates herein by reference Paragraphs 1-29, 31. Respondents Wiley, Keene and Brandon held a secret meeting on or about February 28, 2006 during which they agreed to expel Ms. Faraday from the Firm. 32. Respondents Wiley, Keene and Brandon decided to expel Ms. Faraday from the Firm because of Ms. Faraday s age which was 53 at the time. 33. Upon expelling Ms. Faraday from the Firm, Respondents Wiley, Keene and Brandon invited Jane Doolittle, age 34 to become a member of the firm. FIFTH CLAIM (RACE DISCRIMINATION CLAIM) 34. Ms. Faraday hereby re-alleges and incorporates herein by reference Paragraphs 1-29, 35. In the same secret meeting on or about February 28, 2006, referenced in Paragraph numbered 31 above, Ms. Faraday, on information and belief, alleges that Wiley, Keene and Brandon, all of whom are Caucasian, decided to expel Ms. Faraday from the Firm because of her race which is African-American-Asian. 36. Upon expelling Ms. Faraday from the Firm, Respondents Wiley, Keene and Brandon invited Jane Doolittle, also Caucasian, to become a member of the firm. SIXTH CLAIM (RETALIATION CLAIM) 37. Ms. Faraday hereby re-alleges and incorporates herein by reference Paragraphs 1-29, 38. In the same secret meeting on or about February 28, 2006 referenced in Paragraph numbered 31 above, Ms. Faraday, on information and belief, alleges that James Wiley orchestrated Ms. Faraday s expulsion from the Firm because Ms. Faraday broke off an intimate relationship with Respondent Wiley. 39. Respondent Wiley vowed at the time of the break-up that he would take his revenge against Ms. Faraday no matter how long it took. P a g e 6 o f 7

7 40. Respondent Wiley persuaded and/or cajoled other members of the Firm to support Wiley s overwhelming desire to expel Ms. Faraday from the Firm. 41. Respondent Wiley s unrequited affections for Ms. Faraday motivated Respondent Wiley to orchestrate her expulsion from the Firm because he perceived that he had been spurned by Ms. Faraday. WHEREFORE, Ms. Faraday requests an Arbitral Award as follows: A. For damages according to proof; B. For Orders restraining Respondents, and each of them, from distributing any portions of the New Energy Contingent Fee to themselves until further Order by the Arbitrator or agreement of the parties; C. For an award of an amount in excess of $2,559,040 as Ms. Faraday s proper share of the New Energy Contingent Fee; D. For pre-award and post-award interest on all sums awarded to Ms. Faraday; E. For Ms. Faraday s attorney s fees for the suit incurred herein; F. For such other and further relief as may be just and proper. Dated: July 1, 2008 Jane Akeema Jane Akeema, Esq. Law Office of Jane Akeema 135 Professional Boulevard, Suite 100 Denver, CO Ph.: (303) Fax: (303) P a g e 7 o f 7