Marc E. Isserles, Esq.

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

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Intellectual Property

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.

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

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

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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