Mark E. Segall, Esq. has mediated and arbitrated a wide range of complex disputes since joining JAMS in 2010, a selection of which includes: employment, securities, financial markets, insurance, real estate and intellectual property. Mr. Segall’s expertise in these areas derives from his two decades of extensive experience managing litigation and handling difficult, high profile financial services matters domestically and worldwide for JPMorgan Chase (JPMC) and its predecessor firms. Mr. Segall served as JPMC’s Head of Litigation, Senior Vice President, and Associate General Counsel from 2003 until 2010. Litigation matters ran the full gamut from the most high profile securities and antitrust cases to consumer class actions, employment matters, and international litigation and arbitration.
ADR Experience and Qualifications
Mr. Segall is widely recognized as one of the country’s leading experts on the evaluation of litigation risk, settlement strategy and mediation of cases involving financial services firms and complex commercial disputes. He has been an active speaker at industry and litigation conferences and a participant in court-appointed focus groups.
Senior Executive Employment Claims and Cases
Mr. Segall is particularly adept at resolving employment disputes involving senior executives. Disputes involve claims of wrongful discharge, claims of discrimination based on race, sex and age, alleged violations of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Sarbanes-Oxley Act, claims involving compensation in the form of incentive bonuses, deferred compensation, stock options and restricted stock, claims involving company-sponsored private equity investments, and claims involving the enforcement of restrictive covenants in situations where senior officers of a company are hired by another company.
- Mr. Segall has mediated and arbitrated the following representative complex cases since joining JAMS:
- Securities cases involving a financial institution’s role as a clearing broker for an entity that engaged in a Ponzi scheme, swap transactions under the ISDA Master Agreement and the effect of bankruptcy proceedings on the monies owed under the swap agreements, and trading disputes between sophisticated parties on both sides involving distressed debt and other securities
- Complex international matter involving an alleged Ponzi scheme and resulting litigation alleging, among other things, fraud, breach of fiduciary duty, and negligence. The plaintiffs included those charged with the liquidation of the funds at issue, and the defendants included a major financial institution, former directors of the funds, the company responsible for administration of the funds, and a major accounting firm that audited the funds
- Consumer fraud case brought by a State Attorney General’s Office against a major credit card issuer resulting in a very substantial and well-publicized settlement involving credit card practices in which the issuer engaged from 2001-2005
- Insurance arbitration involving whether the insurer was responsible for certain categories of losses incurred in connection with a theft of certain goods
- Insurance mediations involving claims for premiums allegedly due and owing
- Real estate arbitration seeking specific performance of an alleged agreement to enter into a joint venture and other related disputes relating to terms of the joint venture documents
- Employment cases involving the enforcement of restrictive covenants in situations where senior officers of a company were hired by another company, claims of discrimination on grounds of race, sex, age, religion and disability, claim of sexual harassment, claims of wrongful failure to pay incentive compensation upon termination of an employee, a dispute relating to the expiration date for certain options, claims of retaliatory discharge, cases involving ERISA and FLSA violations, and claims for monies allegedly owed by former employees to their former employer or vice versa
- Breach of contract disputes involving, among others, the sale of various businesses, the alleged failure to pay a finder’s fee in connection with an acquisition, and the alleged failure to indemnify an insurer for amounts paid in settlement of litigation with annuity holders
- Business Dissolution cases involving claims of fraud and breach of contract
- Trademark dispute involving who had the right to sell certain grocery products in Asia in light of agreements that were reached many years earlier when a major corporation engaged in the divestiture of certain assets across the globe
- Accounting malpractice dispute involving an accounting firm’s alleged responsibility for the cost of a tax settlement with the government resulting from a corporate restructuring
- At JPMorgan Chase he was responsible for the following:
- Led all of the Firm’s litigation worldwide and was instrumental in developing the litigation and resolution strategy and tactics used in those cases. These matters covered the full scope of JPMC’s six businesses and included litigation, arbitration and investigations that took place throughout the globe.
- Personally negotiated the settlements of a number of high profile matters and supervised the negotiation of settlements and the conduct of mediation in countless other matters ranging from large securities cases involving the underwriting of securities, investments and trading of securities and various forms of derivatives, litigation involving loans, guarantees, and other forms of credit support and antitrust cases to consumer class actions, check fraud cases, bankruptcy workouts and cases, real estate workouts and cases and employment litigation brought both individually and on behalf of classes of employees. Mr. Segall negotiated with a wide range of individual and institutional litigants as well as bankruptcy trustees and creditors committees.
- Set and maintained appropriate litigation reserves and was responsible for litigation disclosure both inside and outside the Firm
- Supervised the Human Resources Law Group and all of JPMC’s employment litigation worldwide, an in-house Evidence Lab responsible for the first stage of the gathering and production of electronic evidence, the subpoena compliance group, and a regulatory response unit
Comments from Counsel
What Counsel Say About Mark Segall’s Mediation Style and Skills
- "Mark Segall is brilliant and pragmatic, able to unravel the most complex matters while never losing sight of the core issues. Mark also is willing to roll up his sleeves, and do whatever is necessary, to achieve resolution." - Chair of an AmLaw 100 firm
- “Mark Segall has the great ability to size up a dispute and the amount at which it can be resolved, and then works hard to get a matter settled.” - Senior Litigation Partner, AmLaw 100 firm
- "Many lawyers have a comprehensive knowledge of the law. Mark certainly has that, too, but where Mark separates himself from the crowd is by bringing to the table a creativity and balanced sensibility necessary to be a successful mediator. Mark understands and perfectly fulfills his most important role in the alternative dispute resolution process." - Managing Partner of a law firm that represents senior executives in employment and contract matters