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 involving the issue of whether the employer had "cause" for termination, 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, other forms of long-term incentive plans, claims involving company-sponsored private equity investments, claims involving the right to benefits and alleged violations of ERISA, and claims involving the enforcement of restrictive covenants and alleged misuse of confidential information 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
- Claims involving whether a termination is for "cause"
- Claims involving alleged confidential information and trade secrets
- Claims for advancement of fees
- Claims involving the alleged failure to pay legal fees
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Registered Mediator, United States Bankruptcy Court for the Southern District of New York
- Recipient, Matthew G. Leonard Award for Pro Bono Achievement, MFY Legal Services, 2008
- Member of the Board of Directors, Mobilization for Justice, NY, and its predecessor organizations 2005 - present
- Audit Committee Chair 2019 - present
- Board Chair from 2012-2014
- Member of the Board of Trustees, Westchester Reform Temple, 2007-2013
- Institute for Legal Reform
- Held JPMorgan Chase’s seat on the Board of Directors, 2007-2010
- Member, Audit Committee of the Board, 2009-2010
- Member of the Board of Governors, Fairview Country Club, 2004-2009
- Speaker and moderator at legal education programs focusing on settlement strategy, mediation, risk assessment, and the effective litigation of commercial and employment cases
- Head of Litigation, Senior Vice President, and Associate General Counsel, JPMorgan Chase & Co., May 2003-January 2010
- Head of Workout, Bankruptcy, and Antitrust Group in Litigation, 1996-2003 (promoted to Senior Vice President and Associate General Counsel, 1997)
- Vice President and Assistant General Counsel, Chemical Bank (subsequently merged with Chase), 1990-1996
- Partner specializing in complex securities and antitrust litigation, Myerson & Kuhn, 1988-1989
- Partner and Associate, specializing in complex litigation, Finley, Kumble, Wagner, Underberg, Manley, Myerson & Casey, 1985-1987
- Associate, specializing in antitrust, securities, and M&A litigation, Davis Polk & Wardwell, 1978-1985
- J.D., magna cum laude, Harvard Law School, 1978
- A.B., magna cum laude, Harvard College, 1975 (President, The Harvard Independent, a newsweekly)
- “Mark Segall is a highly effective mediator. He brings common sense and a wealth of life and work experience to mediation. He is fair to both sides and not shy about sharing his opinions. He earns the trust, not only of the counsel, but of the clients. This helps the parties resolve complicated and challenging matters.”
- Founding Partner of a Leading Plaintiff’s Law Firm Specializing in Employment Law
- "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
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