Arbitration Lead in Bank’s Winning Contract

Gass Turek attorney Jerome Mohsen obtained full relief for a national bank against a company that shipped merchandise ordered on the phone with stolen credit cards. After the fraud was discovered, the company had to pay back the bank for the sums received. The company sued the bank for breach of contract, claiming the bank should be responsible for the loss because the bank had supplied the company’s credit card readers. During trial, Jerome showed that the company was contractually on the hook for such fraudulent transactions, and that the company itself had breached the contract repeatedly, including by accepting the fraudulent transactions over the phone. Jerome’s detailed research and ability to rebut the plaintiff’s creative arguments convinced the arbitrator, resulting in full relief for his client.

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