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Strategies for Determining the Right Time to Pursue Arbitration vs. Litigation

Level: Advanced
Runtime: 55 minutes
Recorded Date: September 23, 2021
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  • Background
  • How to Decide between Arbitration and Litigation?
  • Arbitration Pros
  • Arbitration Cons
  • Q & A
Runtime: 1 hour
Recorded: September 23, 2021

Difficulty: Experienced Attorneys (Non-Transitional)


A well-known conundrum with which in-house counsel have been and will be faced throughout their professional careers. During this discussion, a panel of experts will share their views on the difficult decisions that in-house, especially general counsel, face as they weigh the cons and pros of whether and when a dispute is better suited for public litigation or private arbitration. Additionally, they will provide tips on what factors, in their experience, tend to sway the decision-making process one way or another.

This program was recorded as part of ALM & Corporate Counsel's Annual General Counsel Conference East on September 23rd, 2021.

Provided By

General Counsel Conference
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Michael Hanin

Kasowitz Benson Torres LLP

Michael A. Hanin’s practice focuses on complex commercial litigation in state and federal courts and in proceedings involving the Securities and Exchange Commission and the U.S. Department of Justice. His practice includes advising investment funds on potential litigation and other issues relating to their investments, particularly with respect to complex financial products, securitizations, financing, securities, real estate and accounting.

Mike is counsel of record to multiple investment funds – including Waterfall Asset Management, Serengeti Asset Management, One William Street Capital, Angelo Gordon, Davidson Kempner Capital Management and Deer Park Road Corporation – in ongoing public litigation relating to commercial and residential mortgage-backed securities, CDOs, CLOs, and other structured products.

Mike has been recognized as a leading litigator by The Legal 500 and Benchmark Litigation. He was named a Plaintiffs’ Lawyers Trailblazer by the National Law Journal in 2021. He has also been named an MVP of the Year for Structured Finance by Law360 in 2020, a Litigation Star by Benchmark Litigation and included in Lawdragon’s 500 Leading Plaintiff Financial Lawyers in America 2020. Mike has also been recognized in Super Lawyers.

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Patrick Smith

Senior VP, Associate GC, Chief Litigation Counsel & Chief Compliance Officer

Pat Smith joined the in-house legal team at OUTFRONT Media in 2014, and serves as SVP, Chief Litigation and Regulatory Counsel and Chief Compliance Officer.

Prior to his current role, Pat practiced in the Business Litigation and Appeals groups at Jones Day, and before that was a law clerk at the U.S. Court of Appeals for the Second Circuit and a litigation associate with Simpson Thacher & Bartlett.

Pat holds a B.A., with honors, from St. John’s University; an M.A. in Philosophy and Social Policy from American University; and a J.D. from St. John’s University School of Law, where he has taught advanced legal writing and serves on the Alumni Association Board of Directors.

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Jessica Jonas

Senior Corporate Counsel
Gemini Trust Company, LLC

Jessica is Senior Corporate Counsel at Gemini Trust Company, LLC, where she heads the Litigation, Marketing/Advertising, Employment, and Insurance legal workstreams. Jessica also provides legal support to the Privacy and Security business teams.

Prior to joining Gemini, she served as a Privacy subject matter expert in the General Counsel’s Organization at American Express. During her time at Amex, Jessica was deeply involved in the General Counsel’s Organizations Diversity Counsel, organizing recruiting events, speaker series, and the diversity summer internship program in partnership with the NYCBA. Jessica is also committed to pro bono work, in particular, providing legal services to small business owners in New York City.

Prior to her in-house roles, Jessica worked as a generalist at a small firm in New York City, and served as a law clerk in the U.S. District Court for the Eastern District of New York. In addition to the strides she has made in her in-house positions, Jessica pushes for diversity, equity and inclusion in the legal community as a member of the South Asian Bar Association of New York and the Asian American Bar Association of New York.

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