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Marc Isserles

Marc E. Isserles, Esq.

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Case Manager
Doug Duzant
T: 212-607-2787
F: 212-228-0222
620 Eighth Avenue, 34th Floor, New York, NY 10018
dduzant@jamsadr.com

Marc E. Isserles, Esq. is a skilled commercial mediator with more than 15 years of litigation experience handling complex business disputes.

Mr. Isserles regularly mediates insurance coverage disputes, as well as commercial disputes involving insurance coverage issues. As a result, he has a keen understanding of how insurance issues impact the negotiation and settlement dynamics, and is well-versed in the substantive issues that frequently arise in insurance cases.

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. Mr. Isserles is a Lecturer in Law in the Negotiation Workshop at Columbia Law School.

 

Insurance Area Expertise and Qualifications

  • CGL, D&O, E&O, umbrella, and excess policy issues
  • Additional insured coverage issues and “other insurance” clauses
  • Causation and “arising out of” issues
  • Notice
  • Aggregate limits
  • Choice of law
  • Claims made issues
  • Duty to defend vs. duty to indemnify
  • Bad faith allegations
  • Allocation of Indemnity and defense costs among multiple insurers
  • Reinsurance allocation issues
  • Interpretation and scope of insuring clauses
  • Interpretation and scope of key policy exclusions
  • Number of occurrences
  • Trigger of coverage
  • Primary level exhaustion and relationship with umbrella/excess levels
  • Reservation of rights and/or disclaimer of coverage; conflicts between insured and insurer
  • Deductible and SIR issues
  • Advertising injury and IP claims
  • Issues arising out of multiple insurance towers

Representative Insurance Mediations and Arbitrations

  • 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
  • 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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