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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 fifteen years of litigation experience handling complex business disputes, with a particular emphasis on copyright, trademark, trade secret, entertainment, right of publicity, and licensing issues.

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 Intellectual Property Mediation Matters

  • 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 public 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

Representative Intellectual Property Litigation Matters

As a litigator in private practice, Mr. Isserles represented parties in a wide range of intellectual property matters, including:

  • 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  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 licensing agreements
  • Represented  several major record companies and music publishers in copyright infringement lawsuits and appeals
  • Represented group of 28 copyright law professors as amici curiae in major copyright appeal before the U.S. Court of Appeals for the Second Circuit involving new digital recording technology
  • Represented entertainment company in appeal before the U.S. Court of Appeals for the Second Circuit in a fraud action brought by songwriters
  • Represented major record company in breach of contract and tortious interference action by artists challenging refusal to distribute cover song
  • Represented celebrity musician and television personality in breach of contract action relating to idea and concept for a successful television show
  • Represented celebrity musician in connection with unfair competition claim arising out of use of slogan
  • Represented major motion picture studio in copyright, false advertising, and unfair competition claims 
  • Represented association of video game makers as amicus curiae in appeal before the Seventh Circuit in a case involving a First Amendment challenge to the imposition of tort liability on video game manufacturers
  • 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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