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Marc Isserles

Marc E. Isserles, Esq.

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Case Manager
Annie Goodwin
T: 212-607-2791
F: 212-751-4099
620 Eighth Avenue, 34th Floor, New York, NY 10018
agoodwin@jamsadr.com

Marc E. Isserles, Esq. is a skilled commercial mediator with more than 15 years of litigation experience handling complex business disputes.  He regularly mediates multi-party, high-stakes cases in the business/commercial space. 

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 both a nuanced legal thinker and seasoned litigator. Mr. Isserles is known for his judicious temperament, thorough preparation, and ability to quickly grasp both sides of a complicated issue while keeping an open mind.

 

Representative Commercial Mediations and Arbitrations

  • 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 venturers 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 multimillion 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 multimillion 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

Representative Commercial Litigation

  • 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 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
  • Lecturer in Law, Columbia Law School, Negotiation Workshop – 2018
  • 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
  • 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

Counsel Comments

    • "Excellent legal knowledge and first rate Mediation skills. I would recommend him highly. I would rank Mr. Isserles among the best Mediators I have encountered.”
    • "Mr. Isserles is an intelligent, persuasive, thoughtful, empathic and patient mediator. He is a pleasant person to spend the day with and is careful to always keep the focus on the clients. These qualities enable the parties to reach a handshake without even realizing their arms had been twisted.”
    • “Marc has that rare and perfect combination of mediator skills - patience, persistence, personable, and razor-sharp smarts. He quickly masters legal issues and gets to the heart of a dispute and what drives each side. He masterfully helped resolve my multi-party action involving a number of strong personalities.”
    • “Mr. Isserles was an impressively prepared, skilled, and patient neutral who worked tirelessly to get the parties together in a hotly contested federal case. I would recommend him without hesitation.”
    • “After the parties experienced an unsuccessful and very contentious mediation with another mediator, Mr. Isserles stepped in and managed to professionally and expeditiously resolve the parties' complex partnership dispute in less than a day.”
    • “Marc Isserles was able to settle a multifaceted commercial case involving multiple parties, in which no one going into the mediation believed would ever settle. The case, which had already been through a full hearing before the California Labor Board, in connection with a breach of an Artist’s Manager contract, was extremely contentious. Marc quickly assessed the situation, identified the issues and managed to deal with some extremely difficult clients on both sides of the table. He had thorough knowledge of the law, knew the history of the case and effectively used this information to work with both sides. Marc persevered even when he was told by both sides there would be no settlement. Before the evening ended, a deal memo was signed. I recommend Marc without reservation.”
    • “Marc Isserles served as a mediator in a complex commercial dispute involving numerous disputed legal and factual issues. Throughout the process, Marc demonstrated great skill, patience and understanding in dealing with the parties and their respective claims. He is smart, open-minded and demonstrated a unique ability to come up with possible creative solutions for settlement throughout the mediation process - all the while maintaining the respect of the litigants and counsel. I would certainly recommend Marc to be a mediator in any commercial dispute and feel confident that his involvement will be favorably received by all participants.”
    • “Mr. Isserles served as mediator in a commercial contract dispute. He quickly became conversant with the factual and legal issues involved in the case and, just as important, identified the practical impediments to settlement and brainstormed with the parties how they could best be overcome. Before the day of mediation ended, we had reached a complete settlement that might not have been attainable with a less skilled mediation professional.”
    • “Marc has the qualities found in only the very best mediators - intelligence, attentiveness, creativity, and persistence. I very much look forward to working with Marc again.”
    • “Marc helped us resolve a business dispute in which personal feelings ran high. He showed intelligence and attention to detail, and dealt with the parties with energy and humor. We would recommend him highly.”
    • “Marc is a highly effective mediator who is smart, well-prepared and engaging. He was instrumental in resolving a complex commercial matter at mediation. I would recommend him without qualification.”
    • "Marc did a great job in a relatively small but emotionally-charged employment/bonus case. I thought he...showed excellent judgment and excellent people skills in bringing the parties to the right compromise figure. Importantly, he showed creativity and doggedness in working through a very tricky procedural issue after the parties had agreed on the settlement amount. In a good and respectful way, he wouldn’t let us go home and give up, and we eventually found a way through the issue.”
    • "Marc is a highly effective, intelligent mediator with a remarkable work ethic. In a highly contentious employment case, he was personable and patient, well-prepared, and completely impartial. Marc was instrumental in bringing about a good result for all parties. I would recommend him without reservation.”

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