Marc E. Isserles, Esq.

T: 212-751-2700
F: 212-751-4099

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Available nationwide

Marc E. Isserles, Esq. is a skilled commercial mediator with over fifteen years of litigation experience handling complex business disputes.  A former law clerk to U.S. Supreme Court Justice Stephen Breyer, and a founding partner of a top New York City litigation boutique, Mr. Isserles brings to his mediation practice the skills of a seasoned litigator, legal strategist, and nuanced legal thinker.  Mr. Isserles is known for his keen analytical skills, judicious temperament, thorough preparation, and ability to quickly grasp both sides of a complicated issue while keeping an open mind.

Mr. Isserles is a trained mediator and arbitrator in a wide variety of substantive areas, including  breach of contract and license agreements, fraud, breach of fiduciary duty,  intellectual property (copyright, trademark, and patents), employment law, insurance coverage, bankruptcy, appellate, class actions, securities, legal malpractice, and environmental.  Mr. Isserles also serves as a neutral on various court panels, including the mediation program for the U.S. Court of Appeals for the Second Circuit; the U.S. District Court for the Southern District of New York; and the Supreme Court, Commercial Division for New York County.

Read counsel comments about Mr. Isserles's skills and style as a neutral.

Representative ADR Matters

  • Business/Commercial
    • Arbitrated breach of contract dispute between major hotel chain and organization arising out of failure to use reserved hotel rooms and meeting space for conference
    • Arbitrated dispute between members of architectural services firm over alleged diversion of firm’s clients and funds.
    • Mediated dispute between former partner of national law firm and firm over partnership compensation and partner’s failure to account to firm for collections
    • Mediated 7-figure dispute between group of investors and lending company over proper calculation of investment returns
    • Mediated high seven-figure subrogation claim brought against electrical company for alleged faulty wiring causing collapse of turbines
    • Mediated tortious interference claims brought by owner of solar panel company against investor and investor’s attorney
    • Mediated claim by foreign client against major law firm for improper and excessive billing
    • Mediated claim by specialty food company against provider of billing and gift card software
    • Mediated seven-figure subrogation claim brought on behalf of parts manufacturer where customer payments were wrongfully diverted following security breach of computer system
    • Mediated claim brought by bank customer against bank and another bank customer involving alleged theft of valuable items from safe-deposit box 
    • Mediated claim for commissions brought by agent against manufacturer of aircraft parts
    • Mediated Telephone Consumer Protection Act claim against major media company
    • Mediated subrogation claim brought against shipper for heat damage to valuable wine
    • Mediated antitrust claim brought by e-book sellers against book publishers
    • Mediated several claims against shippers and terminals involving damage to cargo during Superstorm Sandy
    • Mediated numerous claims arising out of asbestos settlement trust
    • Mediated multi-million dollar breach of contract claim involving alleged breach of provision requiring exclusive negotiations with potential acquirer of pharmaceutical company
    • Mediated dispute between restaurant and adjoining building, and its contractors, over scaffolding that was allegedly interrupting restaurant’s business
    • Mediated dispute between warehouse and contractor over amount and nature of invoices for clean-up work following major storm
    • Co-mediated high eight-figure dispute between biotechnology company and contractor over management of clinical trial
    • Mediated dispute between former joint ventures over alleged usurpation of opportunity for financing a new hedge fund
    • Co-mediated fraud action seeking hundreds of millions of dollars against major law firm and bank in connection with sale of mortgage fund securities
    • Co-mediated  multi-million dollar malpractice action against major law firm in connection with transactional advice given to hedge fund about investment in trading business
    • Co-mediated dispute over attempted foreclosure of commercial mortgage for a shopping center
    • Mediated breach of contract dispute between property owner and interior designer over forged checks and unauthorized transactions
    • Mediated dispute between former spouses and family members over alleged failure to return money used to purchase real estate
    • Mediated multi-million dollar dispute over alleged obligation to negotiate agreement to build telecommunications pipeline
    • Co-mediated negligence and fraud action brought by receiver and shareholder class against officers and directors of failed bank
    • Mediated dispute between former business partners over whether wire transfers were gifts or loans
  • Intellectual Property
    • Mediated dispute between media company, major record company, and product placement agency relating to production of music video
    • Mediated 8-figure dispute between major toy manufacturer and two former executives who started their own company and allegedly misappropriated exclusive license of former company
    • Mediated dispute between former management company and major R&B recording artists over termination of management agreement
    • Mediated copyright infringement lawsuit brought by co-author of iconic rap song against new artist and major record and publishing companies
    • Mediated trademark dispute between family members and third party over right to use family name in connection with household goods business
    • Mediated copyright infringement claim by photographer against book publisher for using unlicensed photograph
    • Mediated right of publicity claim brought by individual against health care organization for unlicensed use of photo
    • Mediated multi-million dollar contract and royalty dispute between new artist and managers
    • Mediated nine-figure royalty licensing dispute between owner of business method patents and licensee/purchaser of business
    • Mediated multi-jurisdictional copyright infringement actions arising out of exploitation of music publishing rights under licensing agreements
    • Co-mediated copyright dispute over design of web portal for hotel chain
    • Co-mediated copyright dispute between photography rightsholders and textbook publisher
    • Co-mediated dispute between foreign government and U.S. research center over patent royalties allegedly derived from laboratory research conducted in foreign country
  • Employment
    • Mediated wrongful termination claim by former head coach of division one sports team against former university
    • Mediated 8-figure claim by technology executive against managing members of LLC-employer for wrongful dissolution of entity 
    • Mediated disability discrimination claim by security guard against government contractor
    • Mediated sexual harassment and retaliation claim against major retailer
    • Mediated FMLA interference and retaliation claim against non-profit health services organization
    • Arbitrated retaliation claim by restaurant manager against restaurant chain following incident of alleged sexual harassment
    • Arbitrated age discrimination claim by telecommunication company sales executive who was terminated as part of a purported reduction in force
    • Mediated FLSA dispute over unpaid overtime between former employee and major retailer
    • Mediated FLSA collective action for overtime wages against restaurant
    • Mediated FLSA overtime and retaliation claim against major retailer
    • Mediated sexual assault and sexual harassment claim against major retailer
    • Mediated claims by major financial services firm to enforce promissory notes given to former employees
    • Mediated seven-figure whistleblower and discrimination claim against major health care provider
    • Mediated ADA accessibility case brought against major retailer and landlord
    • Mediated FLSA claims brought against provider of technology services for misclassifying certain workers as exempt
    • Mediated numerous claims by employees challenging employer’s failure to pay bonus and/or deferred compensation
    • Mediated sexual harassment and assault claim brought by employee against small business owner
    • Mediated national origin and disability discrimination claim against DOE and school principal
    • Mediated gender discrimination claim brought by high-level executive against major insurance company
    • Mediated sexual harassment and hostile work environment claim brought against construction company
    • Mediated sexual harassment and hostile work environment claim brought by contract attorney against law firm and temporary placement agency
    • Mediated seven-figure age discrimination and retaliation lawsuit brought by physician specialist against hospital
    • Conducted binding mediation/baseball arbitration of seven-figure hostile work environment and retaliation claim brought against major retailer
    • Mediated dispute between hedge fund and former analyst over fund’s alleged failure to pay a guaranteed annual bonus
    • Mediated disability discrimination claim brought by special agent against federal agency
    • Mediated hostile work environment, sex, and race discrimination claim brought by public school teacher harassed by students
    • Mediated sex discrimination claim brought by high-level executive against fashion design company
    • Mediated religious discrimination claim brought by teacher against secular school district located within religious enclave
    • Mediated national origin discrimination claim brought against parking company
    • Mediated sex discrimination claim brought against restaurant chain
  • Insurance
    • Arbitrated dispute between malpractice carrier and insured over duty to defend and informed consent policy exclusion
    • Co-mediated multimillion dollar malpractice action against law firm in connection with coverage advice given to insurance carrier in property damage litigation arising out of a major construction accident
    • Co-mediated multi-party insurance coverage dispute arising out of $1 billion proposed class action settlement of tort claims
    • Co-mediated insurance coverage dispute between primary and excess carriers over allocation of settlement
    • Co-mediated coverage dispute arising out of settlement of products liability claims brought against major manufacturer following a fire
  • Environmental
    • Mediated contract dispute over responsibility for legacy environmental clean-up costs between buyer and seller of chemical compound manufacturing business
    • Co-mediated multi-million dollar property claims and third-party contribution claims, arising out of major environmental accident at water storage facility
  • Class Action/Mass Tort
    • Mediated purported nationwide class claim brought against major retailer for violation of the Fair and Accurate Credit Transactions Act
    • Co-mediated personal injury and property claims arising out of major accident at construction site
  • Malpractice
    • Mediated legal malpractice action by purported client against firm for failing to pursue personal injury claims
  • ADA Public Accommodation
    • Mediated numerous ADA Public Accommodation claims against major retailers and restaurants

Representative Litigation Matters
As a litigator in private practice, Mr. Isserles represented parties in a wide range of complex commercial disputes at the trial level, on appeal, and in mediation.  Mr. Isserles has extensive substantive experience with intellectual property law, particularly in the areas of copyright and trademark.  Representative litigation matters include:

  • Represented major bank in mediation concerning scope of usage rights under software licensing agreement
  • Represented Fortune 200 pharmaceutical company in mediation over scope of rights under a patent license, with over $500 million in dispute
  • Represented New York City developer in series of trial and appellate challenges to landmark designation
  • Represented major private equity firm in approximately $100 million fraud and contract dispute with borrower
  • Represented and advised leading cable company in connection with affiliation agreements, and various “new technology” matters raising cutting-edge copyright issues
  • Represented and advised major entertainment venue in connection with various licensing agreements, as well as breach of contract and defamation lawsuit and subsequent appeal
  • Represented several major record companies and music publishers in copyright infringement lawsuits and appeals
  • Represented various companies in connection with trade mark and/or trade dress infringement claims

Honors, Memberships, and Professional Activities

  • Neutral on various court panels, including the U.S. Court of Appeals for the Second Circuit; U.S. District Court for the Southern District of New York; and the Supreme Court, Commercial Division for New York County
  • Member, Federal Bar Council

Background and Education

  • Founding Partner, Shapiro, Arato & Isserles LLP, 2009-2014
  • Partner and Associate, Cohen & Gresser LLP, 2005-2008
  • Associate at Parcher, Hayes & Snyder, O’Melveny & Myers, and Jenner & Block, 2000-2005
  • Law Clerk to Hon. Stephen G. Breyer, U.S. Supreme Court, 1999-2000
  • Law Clerk, Hon. Laurence H. Silberman, U.S. Court of Appeals for the D.C. Circuit, 1998-1999
  • J.D., magna cum laude, Harvard Law School, 1998; Joshua Montgomery Sears Prize (for highest grade point average during second year), 1996-1997; Notes Editor, Harvard Law Review, 1996-1998
  • B.A., Sarah Lawrence College, 1993

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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