Loyola University Chicago

School of Law

Loyola Consumer Law Review Symposium 2017

The Loyola Consumer Law Review and Loyola University Chicago Institute for Consumer Antitrust Studies

Present  

FORCING THE ISSUE: MANDATORY ARBITRATION

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Program Brochure (PDF)

Friday, March 17, 2017
8:30 AM – 3:15 PM

Philip H. Corboy Law Center, 25 E. Pearson Street, Chicago
Power Rogers & Smith Ceremonial Courtroom, 10th Floor

Symposium Editor: Marko Stojkovic

To RSVP, please email Matthew Goepfrich at mgoepfrich1@luc.edu 

REGISTRATION INFORMATION - Loyola University Chicago School of Law is pleased to present this important Symposium at no charge for Loyola students and faculty, as well as professionals and scholars not seeking CLE credit. For those who wish to obtain credit, registration fees are $50, or $40 for alumni. There is no charge for CLE credit for current School of Law faculty, staff, or students, and a 50% fee reduction is offered for attorneys working in the areas of government or public interest.

Seating is limited and registration is appreciated. Open seating will be available on a first-come basis to those who do not register. To RSVP, please email Matthew Goepfrich at mgoepfrich1@luc.edu.  

The Illinois MCLE Board approved this program for 5.25 hours of General MCLE credit.

SYMPOSIUM AGENDA 
FRIDAY, MARCH 17, 2017

Welcome & Breakfast 8:30 A.M. – 9:00 A.M.

Opening Remarks

9:00 A.M. – 9:10 A.M.

Lea Krivinskas Shepard
Loyola University Chicago School of Law

Spencer Weber Waller
Loyola University Chicago School of Law

How the Supreme Court's Misconstruction of the FAA Has Affected Consumers

9:10 A.M. – 9:45 A.M.

Margaret Moses
Loyola University Chicago School of Law

The Consumer Financial Protection Bureau’s Study of Mandatory Arbitration Provisions 9:45 A.M. – 10:20 A.M.

Kelvin Chen
Co-Author of the Consumer Financial Protection Bureau’s Arbitration Study

Coffee Break

10:20 A.M. – 10:30 A.M.

Arbitration Panel

10:30 A.M. – 11:45 A.M.

Terry Moritz
Founder and Principal of Terry F. Moritz LLC

David Sorkin
Loyola University Chicago School of Law

Moderator
Christine Chabot
Loyola University Chicago School of Law

Luncheon Address on Regulating Arbitration

11:45 A.M. – 12:45 P.M.

David Noll
Rutgers Law

Class Actions Panel

12:45 P.M. – 1:45 P.M.

Kathleen P. Lally
Latham & Watkins LLP

Katrina Carroll
Partner at Lite DePalma Greenberg 

Moderator
James A. Morsch
Partner at Butler Rubin Saltarelli & Boyd LLP

Have Mandatory Arbitration Clauses Adversely Affected Consumers Panel

1:45 P.M. – 3:00 P.M.

Stephen J. Ware
The University of Kansas School of Law 

Deepak Gupta
Principal of Gupta Wessler PLLC 

Moderator
Matthew Sag
Loyola University Chicago School of Law

Closing Remarks

 3:00 P.M. – 3:15 P.M.

Jeff Gordon
Loyola Consumer Law Review Editor-in-Chief

Marko Stojkovic
Loyola Consumer Law Review Symposium Editor

ABOUT THE SYMPOSIUM - The rise in mandatory arbitration clauses in consumer financial products and services – from bank accounts to credit cards – has affected hundreds of millions of consumers. This Symposium hosted by the Loyola Consumer Law Review will examine the perspectives, drawbacks, and procedures related to mandatory arbitration. The Symposium will provide a forum for distinguished scholars to engage academics, attorneys, practitioners, and regulators in a discussion that explores the ramifications of mandatory arbitration on consumers.

SYMPOSIUM LOCATION - The Symposium will be held in the Philip H. Corboy Law Center, Power Rogers & Smith Ceremonial Courtroom, on the 10th floor of 25 E. Pearson St. on Loyola University Chicago’s Water Tower Campus. Validated parking is available in a number of locations adjacent to the School of Law.

ABOUT THE LOYOLA CONSUMER LAW REVIEW - The Loyola Consumer Law Review is published three times per year and is the only law review of its kind in the country. CLR is dedicated to examining legal issues that relate to consumers. Our publication provides a forum for dialogue among practitioners, law professors, and the rest of our broad subscriber base. Because of CLR’s wide subscriber base, the editors strive to avoid “legalese” and heavy footnoting while maintaining the highest level of scholarship in the field. CLR is devoted to featuring articles regarding the effect of developing legal issues on both consumers themselves and on the practice of law as it relates to consumers.

For more information, please contact Symposium Editor Marko Stojkovic at mstojkovic@luc.edu

LUNCHEON ADDRESS

David Noll is a professor at Rutgers School of Law. He teaches Civil Procedure, Complex Litigation, and Regulatory State. Professor Noll researches and writes in the areas of civil procedure, regulation, and constitutional law. His wide-ranging research includes work on implementing statutory policy through civil litigation, arbitration, evasion of constitutional norms, and access to civil justice. Professor Noll is an expert in administrative law, arbitration, civil procedure, class actions, constitutional law, and statutory interpretation and legislation. He received his JD from N.Y.U. School of Law where he received graduation prizes for distinguished scholarship in federal courts and civil procedure and outstanding performance in the law school’s Supreme Court litigation clinic. He received a BA in Philosophy from Columbia University School of General Studies.

SPEAKERS

How the Supreme Court's Misconstruction of the FAA Has Affected Consumers:

Margaret L. Moses is a professor and the director of International Law and Practice Program at Loyola University Chicago School of Law. She teaches International Commercial Arbitration, International Investment Arbitration, International Business Transactions, International Trade Finance, European Union Law, and Contracts. She has participated as an arbitrator or advocate in arbitrations under the auspices of the International Chamber of Commerce, Court of Arbitration, and the American Arbitration Association's International Centre for Dispute Resolution. Her areas of interest and research are arbitration, international letters of credit, international business transactions, international trade finance and the right to a jury trial. She has a JD from Columbia University School of Law and a PhD from Indiana University.

The Consumer Financial Protection Bureau’s Study of Mandatory Arbitration Provisions:

Kelvin Chen helped coordinate the work of a broad interdisciplinary team that resulted in the Consumer Financial Protection Bureau’s Study of Mandatory Arbitration Provisions and Report to Congress, as required by Dodd Frank Section 1028. Now Mr. Chen works with the Federal Reserve Board where he focuses on fintech developments. Mr. Chen was also the Consumer Financial Protection Bureau’s program manager for Emerging Payments, where he was the point person for understanding payment-related technologies domestically and abroad. In a prior role, he advised then Federal Trade Commission Commissioner Edith Ramirez on consumer protection issues. He received his JD from New York University School of Law and received his BSE in Systems Engineering and minored in Mathematics at the University of Pennsylvania.

Arbitration Panel:

Terry Moritz is the founder and principal of Terry F. Moritz LLC. He founded Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd.'s litigation practice and served as chair of the litigation group. Mr. Moritz has more than 40 years of experience in a wide variety of complex commercial disputes both in court and in ADR settings. Mr. Moritz is a panel member of the AAA, a Fellow of the Chartered Institute of Arbitrators ("CIArb") and Chair of the Chicago Chapter of the Chartered Institute, the American Bar Association ("ABA"), and the International Institute for Conflict Prevention & Resolution ("CPR"), and a board member and panelist for the Forum for International Conciliation & Arbitration ("FICA"). He received his JD and BA in English from Loyola University.

David Sorkin is a professor at Loyola University Chicago School of Law and the John Marshall Law School. He has taught Consumer Law, Cyberspace Law, Information Law & Policy, International Privacy Protections, Internet Policy Issues on Education, Introduction to Information Technology Law, Lawyering Skills, Online Dispute Resolution, and Regulation of Spam and Email. Professor Sorkin has written and spoken widely about consumer protection issue, arbitration, privacy, and internet policy. He has served as an arbitrator for the National Arbitration Forum and the Better Business Bureau. He received his JD from Harvard Law School and BS in business from Indiana University.

Christine Chabot is a distinguished scholar in residence at Loyola University Chicago School of Law. She teaches Administrative Law, Sales, and Antitrust Law. Her research focuses on administrative law, judicial politics, and empirical studies of judicial decisionmaking. She has presented papers at the Conference on Empirical Legal Studies and numerous academic conferences. Professor Chabot has taught at Pace Law School, the University of Connecticut School of Law, and IIT Chicago-Kent College of Law. She received her JD from University of Notre Dame Law School and a BA in English Literature from Northwestern University.

Class Actions Panel:

Katrina Carroll is a partner at Lite DePalma Greenberg’s Chicago office. She has been actively involved in many of the firm’s highest-profile class actions in a wide array of areas. Ms. Carroll specializes in class actions, complex litigation, appellate law, data privacy violations, security breaches, violations of the federal Telephone Consumer Protection Act (TCPA), and securities fraud. She has recovered more than $1 billion for aggrieved consumers, investors, and businesses. She received her JD from Seton Hall University Law School and BA in political science from Northwestern University.

Kathleen Lally is counsel in the litigation and trial department at the Chicago law firm Latham & Watkins. She concentrates on class actions and complex litigation in state and federal court with a focus on consumer class action defense. She has defended clients in a variety of industries and jurisdictions against consumer class cases featuring allegations of common law and statutory fraud, conspiracy, breach of warranty, unjust enrichment, and other violations of state and federal law. She earned her JD from the University of Michigan Law School and BA at the University of Michigan.

James Morsch is a partner at Butler Rubin Saltarelli & Boyd LLP where he practices insurance, antitrust and competition law, class actions, and commercial litigation. Mr. Morsch has been repeatedly cited as a leader in antitrust litigation by Illinois Super Lawyers and was named as a leader in antitrust law in The Best Lawyers in America. He is a professor at Loyola University Chicago School of Law where he teaches Class Actions. He previously taught at Valparaiso University Law School. He received his JD at Northwestern University School of Law and BA at the University of Notre Dame.

Have Mandatory Arbitration Clauses Adversely Affected Consumers Panel:

Stephen Ware is a professor at the University of Kansas School of Law. He teaches Alternative Dispute Resolution, Bankruptcy, Consumer Law, Contracts, Sales, and Secured Transactions. Professor Ware has taught at Samford University, The University of Alabama, Ohio State University, and College of William & Mary. His writings have been cited by the Supreme Court and in at least 28 other federal and state cases. He has testified before the United States Senate and House of Representatives, state legislatures and, as an expert witness, in court. Professor Ware is an elected member of the American Law Institute (ALI) and an arbitrator for the American Arbitration Association. He received his JD from the University of Chicago School of Law and BA in American History and Political Science from the University of Pennsylvania.

Deepak Gupta is the founding principal of Gupta Wessler PLLC. He specializes in Supreme Court, appellate, and complex litigation on a wide range of issues including constitutional law, class actions, and consumers’ and workers’ rights. Mr. Gupta has argued before the U.S. Supreme Court multiple times and has handled appeals in every federal circuit and seven state supreme courts. He has taught courses on public-interest law and appellate advocacy at Georgetown and American universities. He served as senior litigation counsel and senior counsel for Enforcement Strategy at the Consumer Financial Protection Bureau. Mr. Gupta was instrumental in launching the CFPB’s amicus program, defending its regulations, and working with the Solicitor General’s office on Supreme Court matters. He founded and directed the Consumer Justice Project at Public Citizen Litigation Group. Mr. Gupta received his JD from Georgetown, studied Sanskrit at Oxford, and received his undergraduate degree in philosophy from Fordham.

Matthew Sag is a professor and the associate director for Intellectual Property, Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law. He has taught at DePaul University, the University of Virginia, and Northwestern University. Professor Sag is an expert on copyright law. His research focuses on intellectual property and its intersection with technology and competition law. Professor Sag’s research on copyright and fair use has been widely cited in academic works, court submissions, judicial opinions, and government reports. He received his LLB and BA from the Australian National University.

SYMPOSIUM COST

No Charge for Loyola students and faculty, and individuals who do not wish to obtain CLE credits

$50 Individuals seeking CLE credits

$40 Loyola graduates seeking CLE credits

50% FEE REDUCTION for attorneys working in the areas of government interest