Marc E. Isserles, Esq. is a skilled commercial mediator and arbitrator with nearly twenty-five years of litigation experience in complex business and commercial, intellectual property, and employment 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 is known for his keen analytical skills, judicious temperament, thorough preparation, and ability to quickly grasp both sides of a complicated issue while keeping an open mind. In its 2024 Mediators – USA Nationwide rankings, Chambers and Partners identified Mr. Isserles as one of the leading mediators in the United States, remarking that he “easily grasps the most complicated issues” and “work[s] tirelessly to help the parties reach resolution." 

Mr. Isserles brings to his mediation and arbitration practice the skills of a seasoned litigator, legal strategist, and nuanced legal thinker in a wide variety of substantive areas, including: intellectual property (copyright, trademark, trade secrets and patents), entertainment, art law, breach of contract and license agreements, distribution and franchise agreements, software development and new technologies, publishing and royalty disputes, partnership and LLC disputes, disputes between family members or small business owners, fraud, breach of fiduciary duty, breach of restrictive covenants, attorneys’ and other professional fee disputes, employment discrimination, FLSA wage and hour, employee compensation and bonus disputes, retaliation and whistleblower claims, sexual offense and assault claims, public accessibility and civil rights, insurance coverage, hospitality industry disputes, government contracts, bankruptcy, appellate, class actions, securities, legal and professional malpractice, and ERISA and environmental matters. 

Mr. Isserles also serves as a neutral on various court panels, including the mediation program for the U.S. District Court for the Southern District of New York and the Supreme Court, Commercial Division for New York County.

Representative Matters

• Bankruptcy
• Co-mediated claims in excess of $1 billion by bankruptcy trustee against secured lenders seeking to avoid security interest in hundreds of thousands of purported fixtures of automobile manufacturer
• Business Commercial
• Mediation
• Mediated numerous partnership and LLC member disputes, including dissolution and break-ups, compensation claims by departing partners/members, and breach of fiduciary duty, breach of restrictive covenants and similar claims brought against departing partners/members/employees
• Mediated numerous fee disputes between law firms and former clients; between law firms acting as co-counsel; and between law firms and departing partners
• Mediated numerous disputes between software developers and clients, in a wide variety of industries, over issues including design and functionality of software, timing of software development, and fees
• Mediated numerous licensing disputes in a wide variety of industries involving claims by licensor for payment and/or licensee’s claims that product or service was deficient
• Mediated numerous high-stakes disputes over development/distribution of pharmaceutical products and devices 
• Mediated numerous publishing and royalty disputes, including disputes between authors and book publishers, disputes between book publishers and on-line platforms, disputes between publishers, and an antitrust dispute between book sellers and book publishers
• Mediated several disputes between investors and lending company over proper calculation of investment returns
• Co-Mediated $1 billion+ fraud dispute between noteholders of a failed telecommunication company and private equity sponsors of debt offering
• Mediated 9-figure dispute between founding employees of crypto currency software company and founder over alleged dilution of equity stake
• Mediated 8-figure contract termination dispute between medical device maker and marketing and commercialization partner
• Mediated high 8-figure contract dispute between major consulting firm and Fortune 500 client over scope and quality of consulting services
• Mediated asset purchase agreement dispute between buyer and seller over right to receive earn-out payment and alleged misrepresentations made during transaction
• Mediated Judiciary Law Section 487 claim by plaintiff against adversary’s law firm for alleged false statements made to court during litigation
• Mediated 7-figure breach of contract action between payment solutions provider and client over calculation of referral fees
• Mediated multi-party contract and tort action over development of a solar energy project
• Mediated indemnification claim between parties to merger agreement relating to potential liabilities to third parties
• Mediated dispute between parties to purchase agreement for community solar project involving alleged failure by seller to make adequate disclosures about operation of project by utility company
• Mediated pre-litigation partnership dispute between founders of creative production company over work effort, management styles, and profit allocation
• Mediated termination of software services contract due to financial difficulties related to COVID-19 and alleged “frustration of purpose”
• Mediated 9-figure dispute between investors in aerospace company and CEO of company
• Mediated 9-figure dispute between analyst and hedge fund over termination and forfeiture of compensation arising out of alleged improper side agreements
• Mediated dispute between global placement agent and private equity fund over placement fees
• Mediated 7-figure dispute between principals and owners in two telecommunications companies with over 15 years of history
• Mediated business separation between two high-profile NYC medical doctors
• Mediated 8-figure dispute between major international airline and manufacturer of aircraft engine over lease of two aircraft engines
• Mediated 8-figure dispute between former and new owners of crypto currency exchange over payments allegedly owed to founders
• Mediated contract dispute between major telecommunications provider and device manufacturer
• Mediated interpleader action brought by bank relating to distribution of trust funds, and counterclaim alleging mismanagement by trustee
• Mediated dispute between former and new owners of restaurant over alleged theft and unauthorized control by former owners
• Mediated dispute between major financial services firm and recruiting firm over breach of “off limits” provision
• Mediated dispute over distribution agreement between molecular diagnostics company and manufacturer and distributor of clinical laboratory supplies for alleged failure by distributor to meet minimum purchase requirements
• Mediated dispute between exclusive global placement agent and private equity fund for alleged failure to pay placement fee
• Mediated enforcement action between state attorney general and ticket resellers over sale and marketing of allegedly “speculative” tickets
• Mediated dispute between aviation engineering services company and engineering design consultant over unpaid invoices and alleged project delays and deficient performance
• Mediated dispute between online broker and technology company over unlawful termination of distribution agreement for portfolio solution
• Mediated subrogation claim brought against electrical company for alleged faulty wiring causing collapse of turbines
• Mediated tortious interference claims brought by owner of solar panel company against investor and investor’s attorney
• Mediated Telephone Consumer Protection Act claim against major media company
• Mediated subrogation claim brought against shipper for heat damage to valuable wine
• Mediated dispute 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 8-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 9-figure fraud action against major law firm and bank in connection with sale of mortgage fund securities
• 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 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 several claims against shippers and terminals involving damage to cargo during Superstorm Sandy
• Mediated numerous claims arising out of several asbestos settlement trusts
• Arbitration
• Arbitrated dispute between shareholders and company over alleged default under promissory note
• Arbitrated dispute between music manager and performer over alleged overpayments under contract
• Arbitrated several disputes over alleged breach of settlement agreement
• Arbitrated 8-figure dispute between compliance technology companies over failed partnership arrangement
• Arbitrated numerous collection actions brought by information services provider and customers
• Arbitrated claim by legal expert against law firm for unpaid invoices
• Arbitrated claim by contractor against major shipper for wrongful termination of contract
• Arbitrated dispute between contractor and homeowner over fees allegedly due after homeowner terminated contractor
• Arbitrated claim by major law firm against former client and client’s new law firm for unpaid contingency fee
• Arbitrated breach of contract dispute between major hotel chain and organization arising out of failure to use reserved hotel rooms and meeting space for conference
• Arbitrated dispute between members of architectural services firm over alleged diversion of firm’s clients and funds
• Class Action & Mass Tort
• Mediated several nationwide class action lawsuits challenging Cost of Insurance (COI) charges under universal life insurance policies
• Mediated numerous wage and hour class action and/or collective action disputes
• Mediated nationwide Real Estate Settlement Procedures Act (RESPA) class action involving alleged kickbacks to captive reinsurers
• Mediated purported nationwide class claim brought against major retailer for violation of the Fair and Accurate Credit Transactions Act
• Co-mediated personal injury and property claims arising out of major accident at construction site
• Mediated nationwide class action brought by purchasers against major automobile manufacturer over alleged engine defects
• Cybersecurity & Privacy
• Mediated claim between cloud storage company and medical provider client over loss of business and patient data following a security breach
• Mediated enforcement action against major food and beverage chain over alleged failure to properly prevent and remedy various data security breaches in connection with mobile application
• Mediated subrogation claim brought on behalf of parts manufacturer where customer payments were wrongfully diverted following security breach of computer system
• Employment Law
• Mediated and arbitrated numerous gender, race, age, and disability discrimination disputes in a wide variety of industries
• Mediated and arbitrated numerous whistleblower and other retaliation claims arising under various state and federal statutes
• Mediated and arbitrated numerous Fair Labor Standards Act (FLSA) (and state and local law) wage and hour disputes
• Mediated and arbitrated numerous employee/executive compensation and bonus disputes
• Mediated numerous Family Medical Leave Act (FMLA) disputes
• Environmental Law
• Mediated enforcement action for cleanup of superfund site
• Mediated contract dispute over responsibility for legacy environmental clean-up costs between buyer and seller of chemical compound manufacturing business
• Co-mediated multi-million dollar property claims and third-party contribution claims, arising out of major environmental accident at water storage facility
• ERISA
• Mediated multi-party ERISA action involving 9-figure alleged underfunding and mismanagement of hospital pension fund
• Insurance
• Mediated insurance dispute between insurer and insureds over insurer’s obligation to make payments under policy prior to insured’s resolution of contractual indemnification claim
• Mediated class action brought by life insurance policy holders over allegedly improper cost of insurance charges
• Arbitrated dispute between bankruptcy trustee and insurance carriers over effect on insurance coverage of bankruptcy plan provision limiting recovery against former officer and directors
• Arbitrated dispute between malpractice carrier and insured over duty to defend and informed consent policy exclusion
• 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-mediated 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 numerous high-profile copyright infringement and/or co-ownership disputes between brought against major record labels, publishing companies, composers, and recording artists
• Mediated numerous disputes between celebrity artists/performers and their former business managers 
• Mediated numerous trademark licensing and trademark infringement disputes in a wide variety of industries
• Mediated numerous, high-stakes patent disputes in a wide variety of industries
• Mediated 9-figure trade secret misappropriation claims relating to use of alleged trade secrets in an FDA application for new drug
• Mediated numerous trademark licensing disputes over alleged sales by licensees in unauthorized channels
• Mediated financial break-up of famous musical duo
• Mediated high-profile copyright lawsuits by photographers against famous artist accused of appropriating their works
• Mediated high-profile trademark dispute brought by major media publication against artists who created parody of magazine cover     
• Mediated copyright and trademark dispute between major costume manufacturer and manufacturer of allegedly counterfeit goods
• Mediated Visual Artists Rights Act (VARA) dispute between a group of visual artists and large municipality over alleged removal and mutilation of protected works
• Mediated dispute between jewelry designer and celebrity actress over alleged failure by actress to market and support the product
• Mediated copyright ownership dispute between authors of a musical
• Mediated dispute between talent agency and “influencer” over termination of representation agreement 
• Mediated dispute between art collector and major gallery over sale of famous surrealist painting
• 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 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 9-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 publishing 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
• Professional Liability
• Mediated numerous legal and other professional malpractice disputes
• Public Accessibility and Civil Rights
• Mediated dispute between fair housing organization and real estate companies over allegedly discriminatory treatment of Section 8 applicants
• Mediated 14-year-old Fair Housing Act and civil rights dispute between developers of affordable housing complex and town
• Mediated numerous Title III Americans with Disabilities Act (ADA) public accessibility claims against major retailers and restaurants
• Mediated numerous Fair Housing Act accessibility claims against commercial developers and design professionals
• Mediated appeal of Section 1983 excessive force claim involving alleged wrongful detention and arrest of a train enthusiast
• Mediated equal protection “class of one” claim brought by homeowner against town and town officials
• Real Property
• Mediated numerous commercial real estate and real property disputes, including building and construction issues; lending and financing; disputes between investors; landlord and tenant disputes, including disputes over condition of property at lease expiration; property management; and land use and other real property restrictions
• Mediated numerous disputes between family members over real estate and other family assets and holdings
• Mediated commercial lease dispute between restaurant chain and landlord of shopping center over alleged breach of provision limiting landlord’s ability to lease adjoining properties to similar restaurants
• Mediated 8-figure dispute between immediate family members over alleged mismanagement of family real estate business and trusts
• Mediated dispute between manufacturer of military-related products and owner over value of owner’s share of real estate
• Mediated dispute between real estate company and commercial tenant over termination of restaurant lease
• Mediated dispute between commercial lender and historic church over loan default and potential loss of church property
• Mediated dispute between former spouses and family members over alleged failure to return money used to purchase real estate

Honors, Memberships, and Professional Activities

• Chambers and Partners, Mediators – USA – Nationwide, 2024
• Presenter, “Effective Mediation Advocacy: Skills and Strategies for Litigators,” Annual Presentation, Association of the Bar of the City of New York, 2018-2023
• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
• Lecturer in Law, Columbia Law School, Negotiation Workshop, 2018-2019
• Neutral on various court panels, including the mediation program for the U.S. District Court for the Southern District of New York and the Supreme Court, Commercial Division for New York County

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