A Contract Within a Contract: Practical tips and pointers to compelling arbitration

James W. Sandy | McGlinchey Stafford PLLC

James “Jim” W. Sandy is an experienced trial and appellate lawyer who represents individuals, small businesses, and Fortune 500 companies in all aspects of civil and commercial litigation. Financial services companies of varying sizes have engaged Jim based on his significant experience handling complex single-party and class action disputes in state and federal courts, in matters with financial exposure reaching seven figures. He also advises clients outside the financial industry in data privacy and cybersecurity matters, as well as clients involved the cannabis space.

Jim’s primary focus is on assisting and advising national mortgage servicing companies, auto finance companies, banks, and small businesses in cases involving federal and state regulatory matters, arbitrations, consumer complaints filed with the Consumer Financial Protection Bureau (CFPB), and state and federal lawsuits. Jim regularly defends lawsuits brought under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Ohio Consumer Sales Practices Act and other state UDAAP (Unfair, Deceptive, or Abusive Acts or Practices) laws, Real Estate Settlement Procedures Act (RESPA), and Truth in Lending Act (TILA) in both state and federal courts. He also assists mortgage and auto finance clients with compliance matters, including protecting consumer data and privacy, as well as navigating the various complicated state regulatory regimes at play in the financial services context.

Jacob M. Bach | Martin Lyons Watts Morgan PLLC

Jacob is an associate of the firm in the Dallas office and became licensed in 2017. He graduated cum laude from Southern Methodist University Dedman School of Law. While in law school, Jacob interned in state and federal court, and worked at the Dedman School of Law Civil Clinic. Jacob clerked with the firm for two years before he was hired as an associate. He specializes in legal research and motion practice with many successful opinions attributable to his work.

I. Delegation clauses – what constitutes a valid delegation clause and who gets to decide gateway questions of arbitrability: a court or an arbitrator? | 12:00pm – 12:15pm

II. Mass arbitrations – what they are, why you should care, and defending and preventing mass arbitrations | 12:15pm – 12:30pm

III. Defenses to arbitration – including unconscionability and waiver defenses | 12:30pm – 12:45pm

IV. Enforceability of arbitration – including enforcement by or against a non-signatory | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

V. Handling an arbitration – practice tips and pointers to minimize both costs and exposure | 1:10pm – 1:25pm

VI. Confirming or vacating an arbitrator’s decision – how and when this may be possible | 1:25pm – 1:40pm