Politics & Policy

The Value of Arbitration in the Payments Space

Wednesday, May 10
2:00 PM - 2:50 PM
Location: Islander D

CE: 1 Credit

Arbitration—a confidential, privately administered alternative to litigation in court—has become a common feature on the dispute-resolution landscape. But arbitration clauses in merchant processing agreements remain uncommon. Recent trends in payments litigation suggest that it may be time to reevaluate how arbitration clauses can be strategically employed to stave off some of the biggest litigation threats the acquiring industry has ever faced.

Edward A. Marshall

Partner
Arnall Golden Gregory LLP
Atlanta, Georgia

Edward A. Marshall is a partner in the Litigation Practice at Arnall Golden Gregory LLP, where he serves as chair of the firm’s business litigation practice group and co-chair of the payment systems practice. In 2014, the Daily Report recognized Mr. Marshall on its list of “40 Under 40: Georgia Attorneys On the Rise.”

Mr. Marshall focuses his national practice on litigating, trying, and resolving complex business disputes, with an emphasis on controversies involving the payment systems industry. He has successfully represented both claimants and defendants in multimillion-dollar controversies, with extensive experience before federal and state trial and appellate courts, as well as the Judicial Panel on Multidistrict Litigation, the American Arbitration Association, and the International Centre for Dispute Resolution. Mr. Marshall has also enjoyed noteworthy successes representing payment card processors and issuers in a wide range of matters involving private litigants, bankruptcy trustees, states attorneys general, the Department of Justice, and the Federal Trade Commission.

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Theresa Kananen

Partner
Arnall Golden Gregory LLP
Atlanta, Georgia

Theresa Kananen is a partner in Arnall Golden Gregory LLP’s Litigation Practice and serves as co-chair of the Payment Systems Practice. She focuses her practice on handling both a wide variety of litigation and compliance issues in the payments industry, and employment litigation and counseling. On the payments side, Ms. Kananen represents processors, ISOs, and card brands, defending them in a variety of disputes ranging from lawsuits brought by cardholders implicating the Truth in Lending and Fair Credit Reporting Acts; class actions brought by merchants; and enforcement actions by government entities, including the Federal Trade Commission. Ms. Kananen also advises clients in the payments space on issues of federal and state law compliance, including surcharging and convenience fees, and participation in state EBT programs. In addition, Ms. Kananen also actively practices employment law, primarily representing employers in a wide variety of counseling matters and litigation, including wage and hour issues, anti-discrimination laws, covenants not to compete, executive compensation, reductions in force, and workforce restructuring.

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