Photo of Mark J. Windham

Mark is counsel in the firm’s Consumer Financial Services Practice Group. Mark’s practice includes representing national, regional and local banks, nonbank lenders, and mortgage servicers in federal and state litigation.

A recent decision by the U.S. District Court for the District of Columbia underscores the significance of issues of proof when trying to enforce arbitration agreements. The case is Proctor v. First Premier Corp., No. 1:20-cv-02162-BAH, 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021).

Plaintiff Charnita Proctor sued First Premier Corp. (FPC) for