Marc E. Isserles, Esq. is a skilled commercial mediator with more than fifteen years of litigation experience handling complex business disputes. 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.
ADR Experience and Qualifications
- Mediated, and/or co-mediated with distinguished JAMS neutrals, commercial disputes (including numerous high-stakes, multi-party cases), in a wide variety of substantive areas, such as insurance coverage, breach of contract, fraud, intellectual property, bankruptcy, appellate, class actions, securities, legal malpractice, environmental, and employment law
- Service as a neutral on various court panels, including the newly-formed mediation program for the U.S. Court of Appeals for the Second Circuit; the U.S. District Court for the Southern District of New York; and the Supreme Court, Commercial Division for New York, Kings, Westchester, and Nassau Counties
Representative ADR Matters
Business/Commercial
- Mediated multi-million dollar breach of contract claim involving alleged breach of provision requiring exclusive negotiations with potential acquirer of pharmaceutical company
- Mediated dispute between restaurant and adjoining building, and its contractors, over scaffolding that was allegedly interrupting restaurant’s business
- Mediated dispute between warehouse and contractor over amount and nature of invoices for clean-up work following major storm
- Co-mediated high eight-figure dispute between biotechnology company and contractor over management of clinical trial
- Mediated dispute between former joint ventures over alleged usurpation of opportunity for financing a new hedge fund
- Co-mediated fraud action seeking hundreds of millions of dollars against major law firm and bank in connection with sale of mortgage fund securities
- Co-mediated multi-million dollar malpractice action against major law firm in connection with transactional advice given to hedge fund about investment in trading business
- Co-mediating multi-million dollar property claims and third-party contribution claims, arising out of major environmental accident at water storage facility
- Co-mediated dispute over attempted foreclosure of commercial mortgage for a shopping center
- Mediated breach of contract dispute between property owner and interior designer over forged checks and unauthorized transactions
- Mediated dispute between former spouses and family members over alleged failure to return money used to purchase real estate
- Mediated multi-million dollar dispute over alleged obligation to negotiate agreement to build telecommunications pipeline
- Co-mediated negligence and fraud action brought by receiver and shareholder class against officers and directors of failed bank
- Mediated dispute between former business partners over whether wire transfers were gifts or loans
Class Action/Mass Tort
- Co-mediating approximately 50 personal injury and property claims arising out of major accident at construction site
Employment
- Mediated sexual harassment and hostile work environment claim brought against construction company
- Mediated sexual harassment and hostile work environment claim brought by contract attorney against law firm and temporary placement agency
- Mediated seven-figure age discrimination and retaliation lawsuit brought by physician specialist against hospital
- Conducted binding mediation/baseball arbitration of seven-figure hostile work environment and retaliation claim brought against major retailer
- Mediated dispute between hedge fund and former analyst over fund’s alleged failure to pay a guaranteed annual bonus
- Mediated numerous employment discrimination claims, including claims of racial, sex, and disability discrimination, as well as retaliation claims
Insurance
- Co-mediated multimillion dollar malpractice action against law firm in connection with coverage advice given to insurance carrier in property damage litigation arising out of a major construction accident
- Co-mediating multi-party insurance coverage dispute arising out of $1 billion proposed class action settlement of tort claims
- Co-mediated insurance coverage dispute between primary and excess carriers over allocation of settlement
- Co-mediated coverage dispute arising out of settlement of products liability claims brought against major manufacturer following a fire
Intellectual Property
- 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 Litigation Matters
As a litigator in private practice, Mr. Isserles represented parties in a wide range of complex commercial disputes at the trial level, on appeal, and in mediation. Representative matters include:
- 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 New York City developer in series of trial and appellate challenges to landmark designation
- Represented major private equity firm in approximately $100 million fraud and contract dispute with borrower
- 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 various licensing agreements, as well as breach of contract and defamation lawsuit and subsequent appeal
- Represented several major record companies and music publishers in copyright infringement lawsuits and appeals
Honors, Memberships, and Professional Activities
- Member, New York City Bar, Alternative Dispute Resolution Committee
- Member, New York State Bar Association, Dispute Resolution Section
- 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, Kings, Westchester, and Nassau Counties
Publications
- Co-Author, Overcoming Impasse at Mediation: Bargaining with Brackets, New York Law Journal, February 8, 2016
- Author of Overcoming Overbreadth: Facial Challenges and the Valid Rule Requirement, 48 Am. U.L. Rev. 359 (1998), which has been cited and discussed by numerous courts and legal scholars
- The Supreme Court, 1996 Term – Leading Cases, Raines v. Byrd, 111 Harv. L. Rev. 217 (1997)
- Recent Case, Class Actions, 84 F.3d 734 (5th Cir. 1996), 110 Harv. L. Rev. 977 (1997)
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