Mark E. Segall, Esq. has mediated and arbitrated a wide range of employment cases since joining JAMS in 2010.
Prior to joining JAMS, Mr. Segall served as the Head of Litigation for JP Morgan Chase for the period from 2003-2010, where the Employment Litigation function reported to him. The cases for which he was responsible at JP Morgan ran the gamut of class action cases involving wage claims arising under the Fair Labor Standards Act and state law and of alleged wrongful classification of employees and alleged violations of ERISA in connection with certain provisions of JPMC’s retirement plans, claims of discrimination based on gender, race, age, religion, disability and sexual orientation, claims of sexual harassment, claims of retaliatory discharge, and claims of failure to pay incentive compensation or other stock-based compensation, claims involving the violation of restrictive covenants, the disclosure of trade secrets and other proprietary and confidential information, defamation claims, and the right to recover amounts paid or stock compensation awarded under various compensation plans. These cases were pending in both state and federal courts in the United States, in arbitration proceedings, and in other forums worldwide.
Mr. Segall was also responsible for many investigations of alleged employee misconduct and allegations of alleged wrongdoing raised under the Sarbanes-Oxley Act of 2002. During his tenure at JPMorgan Chase Mr. Segall also personally investigated allegations of wrongdoing by employees. Mr. Segall was also responsible for the approval of settlements and the establishment of litigation reserves in all significant employment cases.
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 employment cases since joining JAMS:
- Arbitration and mediation of complex matters involving companies in the financial services business and technology companies involving situations where senior officers of one company were hired by another company
- Claims of discrimination based on race, sex, age, religion and disability
- Claims of wrongful failure to pay incentive compensation upon termination of an employee, for failure to pay compensation pursuant to the terms of a formal compensation plan and for violation of the Fair Labor Standards Act
- Claims relating to the expiration date for certain options
- Claims of monies allegedly owed by former employees to their former employee or vice versa
- Claim of retaliatory discharge in alleged violation of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Sarbanes-Oxley Act, and state labor laws
- Claim of sexual harassment
- Claims by former employees based on investments in company-sponsored private equity funds
- Claims for alleged violations of ERISA
Comments from CounselWhat 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