Mark E. Segall, Esq. is recognized worldwide for his breadth of knowledge and experience in the evaluation of litigation risk, settlement strategy and the mediation of cases involving financial services and complex commercial disputes. He has mediated and arbitrated hundreds of complex two-party, multi-party, and class action disputes since joining JAMS in 2010. He has vast experience in many areas of law including employment, securities, financial markets, insurance, real estate, and intellectual property matters. 

His knowledge in these areas derives from his long tenure at JAMS and two decades of experience managing litigation and handling difficult, high-profile financial services matters domestically and worldwide for JPMorgan Chase (JPMC) and its predecessor firms, as well as his experience in private practice and at JAMS. He served as JPMC’s Head of Litigation, Senior Vice President, and Associate General Counsel from 2003 until 2010. His litigation matters ran the full gamut of issues, from the most high-profile securities and antitrust cases to consumer class actions, employment matters, and international litigation and arbitration. All significant JPMC litigation settlements worldwide required Mr. Segall’s involvement and approval. 

Mr. Segall is particularly adept at resolving employment disputes involving senior executives at domestic, foreign, and multi-national organizations. The plethora of disputes he has resolved involve claims of wrongful discharge, terminations for "cause," discrimination based on race, sex and age, whistleblowers alleging retaliation in violation of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) and the Sarbanes-Oxley Act and various state laws, compensation in the form of incentive bonuses, deferred compensation, stock options and restricted stock, other forms of long-term incentive plans, company-sponsored private equity investments, the right to benefits and alleged violations of ERISA, and the enforcement of restrictive covenants and alleged misuse of confidential information.

ADR Experience and Qualifications

• Serves as a sole arbitrator, a member of a tripartite panels, chairperson of an arbitral panel, and as an emergency arbitrator
• Has significant experience mediating and arbitrating senior executive employment claims and cases, as well as other employment-related matters
• Is a sought-after speaker and has participated as a moderator or panelist at industry and litigation conferences, legal education programs and court-appointed focus groups. He has spoken on topics such as settlement strategy, mediation practice, risk assessment, and the effective litigation of commercial and employment cases for organizations such as the New York State Bar Association, the Practising Law Institute, the New York City Bar Association, and the American Conference Institute

Representative Matters

• Business Commercial
General Business

• Chairperson of arbitral panel in matter involving payments allegedly owed to a cable provider by a supplier of advertising services 
• Chairperson of arbitral panel in dispute between company specializing in mergers, acquisitions and financial advisory services which alleged that respondent owed it fees for work relating to a merger   
• Arbitrated matters involving alleged cyber security breaches relating to customer accounts at a cryptocurrency exchange 
• Arbitrated matter arising out of the parties’ subordination agreement and the parties’ rights under the terms of a promissory note 
• Arbitrated dispute between vendor of technology and trading solutions and an American stock exchange relating to penalty imposed on vendor due to an alleged programming bug 
• Arbitrated dispute involving contract interpretation of terms of financing and shareholder agreements as a prelude to accountants’ undertaking calculations relating to the same 
• Mediated complex fraudulent transfer and breach of fiduciary duty claim brought by the Bankruptcy Trustee of DSI Renal Holdings in connection with a corporate restructuring and subsequent merger resulting in a $52.5 million settlement against various entities and former officers and directors who had received varying amounts on account of their equity and debt interests in the restructured companies 
• Mediated breach of fiduciary duty and fraudulent conveyance claims brought by the liquidating trustee and a bankrupt corporation
• Mediated 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 
• Mediated cases brought by a State Attorney General’s office against major drug manufacturers involving alleged violations of state antitrust and unfair competition laws involving the alleged effort to delay the introduction of a generic drug
• Mediated dispute involving an American clearing house and a registered broker/dealer involving allegations of fraud in connection with the purchase of CDs by investors 
• Mediated dispute involving minority shareholder buyout interest in a moving company 
• Mediated class action dispute relating to allegations of unfair business practices and unfair competition claims 
• Mediated dispute involving allegations that respondent was negligent in the performance of annual reviews and financial audit of a financial services company 
• Mediated consumer dispute involving class counterclaims relating to credit card debt collection practices 
• Mediated dispute between parties to a stock purchase agreement involving the conditions triggering a “holdback” of $7 million of the original purchase
• Mediated matter between providers of credit who alleged that they suffered significant losses because entity that priced the bonds collateralizing the outstanding credit amount fraudulently inflated the price of the bonds 
• Arbitrated matter in which claimant alleged that it was entitled to recovery as a member in a class action data security breach litigation 
• Arbitrated matter involving consumer claim arising from the alleged wrongful repossession of a vehicle
• Arbitrated matter between pharmaceutical company and major credit card company relating to the enforcement of the parties’ settlement agreement
• Mediated disputes involving mass arbitrations and allegations by consumers that their personal information was shared improperly with third parties

   
Breach of Contract

• Arbitrated breach of contract disputes relating to the dissolution of various types of enterprises 
• Arbitrated matter involving alleged $10 million breach by respondents of contract relating to the acquisition to claimant’s creative agency 
• Arbitrated matter involving the disposition of artwork owned by an Asian gallery by an auction house located in the United States 
• Issued emergency arbitral award in dispute between railroad companies relating to claimant’s request for specific performance of the parties’ services and supply agreement  
• Issued emergency arbitral award in dispute involving alleged breaches of the parties’ settlement agreement and claims of disparagement 
• Arbitrated dispute involving which company had the right to distribute a well-known alcoholic beverage in the New York metropolitan area
• Arbitrated and mediated disputes involving the amounts owed to law firm partners who leave to join another law firm
• Chairperson of an arbitration panel in a dispute between a law firm and a former client involving legal fees
• Mediated dispute between private equity firm and digital engineering company it had acquired involving alleged breaches of the parties’ exclusivity agreement 
• Mediated dispute involving two financial advisors and a global financial services company over compensation allegedly due to the advisors for transactions executed by a client in the United States and Japan
• Mediated matter between investors in a private equity fund at a major investment firm relating to how the sale of certain shares was managed 
• Mediated dispute involving closely held securities trading firm and a former partner/member who alleged that firm owed him return of his full capital account and a share of profits 
• Mediated breach of contract dispute involving a claim for fees by an investment banking firm and a counterclaim by a private equity firm that alleged that the financial services firm breached its obligations under a Distribution Agreement
• Mediated breach of contract dispute involving the merger of two ambulance service companies 
• Mediated dispute among a number of companies involving the scope of indemnity relating to multiple personal injury actions to which they were parties 
• Mediated class action dispute involving plaintiffs’ allegations that vendor of company unlawfully exposed sensitive medical information about plaintiffs during a cyber security incident  
• Mediated dispute involving allegations of breach of contract, fraud, and fraudulent concealment between investor and investment banking firm 
• Mediated a dispute between a private equity sponsor and a financial institution concerning the obligations of both sides under a distribution agreement
• Mediated a dispute between a charity and a developer of a drug designed to cure a certain form of cancer
• Employment Law
Confidential Information and Trade Secrets

• Arbitrated high-profile dispute between global alternative investment firm and its former partners involving the partners’ alleged misuse of confidential information in connection with the formation of a competing company 
• Mediated dispute between two major credit card companies involving the enforceability of a non-compete agreement signed by an executive officer 
• Mediated disputes involving investment banking company allegations that a competitor or its former employees breached terms of agreements and duties owed to it by soliciting the company’s clients, prospects, and employees and by using confidential materials in starting or joining a competing business 
• Mediated disputes between a hedge fund and former traders concerning the scope and duration of covenants not to compete
Discrimination – Age/Disability/Gender/National Origin/Race/Sexual Orientation

• Mediated dispute involving officer of school district who alleged that the decision to terminate him was rooted in discrimination based on his national origin and in retaliation for his having complained of discrimination 
• Mediated dispute involving claims by teacher at a private religious educational institution that she was terminated on account of her age and gender 
• Mediated dispute between hair salon and one of its employees who alleged that she was discharged because she was pregnant 
• Mediated class action dispute involving parties to an ADA action who were trying to settle the case and who sought Mr. Segall’s assistance regarding the question of attorneys’ fees  
• Mediated dispute between hospital and one of its employees who alleged that the hospital retaliated against her by transferring her and subsequently terminating her employment after she filed an ADA claim 
• Mediated dispute involving director of not-for-profit financial services firm who asserted claims against the firm based on disability discrimination and harassment, guide/service dog discrimination, and retaliation, among others  
• Mediated dispute between human services agency and employee who asserted claims alleging gender and sexual orientation discrimination in violation of the NYS and NYC Human Rights Laws 
• Mediated dispute involving the head of human relations division of a large investment firm who alleged that she was terminated and replaced for reasons related to discrimination based on gender and race and retaliation 
ERISA

• Mediated ERISA class action dispute involving allegations that plan fiduciaries caused the plan to pay unreasonable recordkeeping and administrative fees, maintained imprudent investment options, and caused the plan to pay unreasonable investment management fees 
• Mediated dispute in consolidated ERISA class action involving plaintiffs’ allegations that plan failed to objectively review the plan’s investment portfolio, maintained certain funds in the plan despite the availability of similar investment options with lower costs and/or better performance histories, and failed to consider lower cost collective trusts as alternatives to certain mutual funds that were in the plan 
Executive Compensation

• Arbitrated dispute involving whether a senior officer of an investment banking firm was entitled to a substantial bonus and an award of damages under the New York Labor Law for his performance in connection with a major financing arranged by the firm 
• Arbitrated dispute involving allegations that director failed to repay a draw deficit balance upon his termination from the company 
• Arbitrated dispute involving a senior executive and a hedge fund regarding the senior executive’s “track record” with respect to future employment and how that track record could be used 
• Arbitrated dispute between cryptocurrency platform and its former chief operating officer involving compensation allegedly owed to the officer
• Mediated dispute between provider of cloud hosting services and its former employees who alleged that they timely exercised stock options and were entitled to the proceeds of the same 
• Mediated matter between a former CEO and his employer over his entitlement to a severance payment and a “put right” payment for the purchase of his stock shares 
• Mediated dispute involving employee allegations that global asset management company breached the profit-sharing provisions in employee’s employment agreement and engaged in other unlawful activities sounding in discrimination, disparagement, and other torts  
• Mediated dispute involving allegations of former senior executive of online retailer concerning the price he was to be paid by the company to repurchase certain shares of company stock owned by him
• Mediated claims for breach of contract by an investment banking firm trying to recoup payments made to former employees who resigned to join other companies 
Sexual Harassment and Retaliation

• Mediated dispute between dental practice and one of its employees who alleged that she was the victim of gender discrimination, quid pro quo sexual harassment, hostile work environment and retaliation 
• Mediated dispute between law firm and employee who alleged retaliation for having raised concerns of quid pro quo sexual harassment 
• Mediated claims involving allegations of sexual assault by senior corporate officers
Wage and Labor Laws

• Mediated dispute between major international law firm and employee who alleged he was unlawfully terminated under the Fair Labor Standards Act and New York Labor Law and in retaliation for raising violations related to the same
• Mediated disputes involving alleged non-payment of certain amounts claimed to be in violation of the New York Labor Law
Whistleblowing

• Arbitrated high-profile dispute involving the termination of the chief operating officer, who claimed to be a whistleblower, of a cryptocurrency exchange and the determination of whether the company had “cause” for the termination and whether the officer was terminated in retaliation for claims he made concerning certain business transactions 
• Mediated numerous disputes between financial services firms and their employees who alleged that they were unlawfully terminated in violation of Dodd-Frank and the Sarbanes-Oxley Act in retaliation for discoveries made and complaints lodged regarding non-compliance and discrepancies in their employers’ use of documentation, financial models, and/or other valuation tools 
• Mediated dispute involving allegations of senior director of cloud computing and technology firm who claimed that the company retaliated against him for his disclosures regarding alleged deficient accounting controls and potential violations of SEC rules 
• Mediated dispute involving claims of chief compliance executive against medical technology company who alleged termination was in violation of Sarbanes Oxley 
Wrongful Termination

• Arbitrated dispute concerning whether senior executives of United States subsidiary of a foreign corporation were properly terminated for “cause” 
• Arbitrated highly-publicized dispute involving the termination of the chief operating officer of a hedge fund with billions of dollars of assets under management and whether the termination was for “cause” and the impact of that on his entitlement to certain categories of compensation including bonus, deferred compensation, interests in private equity and various other investments and the firm’s entitlement to recoup monies that previously had been paid to him 
• Entertainment & Sports
• Mediated matter involving members of an entertainment trade association seeking to develop a joint position in connection with industry-critical negotiations with the holders of music rights protected by law
• Arbitrated a dispute between a producer and his former employee involving the right to develop a special for a television network
• Insurance
• Chairperson of arbitral panel in dispute involving property claim coverage under a property insurance policy 
• Arbitrated dispute between major insurance company and investment banking firm regarding the insurance company’s attempts to recover pursuant to various indemnity agreements the monies it expended in settling claims by variable annuity insureds who traded within certain mutual fund portfolios  
• Arbitrated dispute involving whether insurer was responsible for certain categories of losses incurred in connection with a theft of certain goods 
• Served as mock arbitrator in a large insurance coverage dispute
• Mediated dispute involving whether certain revenue/commissions belonged to the buyer or seller under the terms of an insurance business asset acquisition agreement 
• Mediated disputes involving claims for insurance premiums allegedly due and owing 
• Intellectual Property
• Arbitrated dispute involving former partners of private equity firm relating to alleged breach of non-competition provisions of the parties’ agreements and the misappropriation of trade secrets 
• Mediated disputes between two food production and distribution companies in the United States and Asia involving claims that sale of beverage was in violation of provisions of various license agreements and a prior settlement agreement 
• International & Cross Border
• Mediated 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 
• Chairperson of arbitral panel in matter involving a claim for breach of contract of an options agreement based on the merger of a United States company with a European company   
• Mediated international and cross-border disputes including matters involving executive changes at large multinational corporations and employment disputes concerning the termination and separation of senior management employees working for global entities headquartered in Europe 
• Mediated claims of malicious prosecution of former employees of a financial institution involved in the setting of interest rates for certain types of loans
• Professional Liability
• Mediated 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 
• Real Property
• Arbitrated matter in which claimant sought, inter alia, specific performance of an alleged agreement to enter into a joint venture and to recover the alleged amounts due under commercial leases 
• Issued award in emergency arbitration in real estate dispute between two commercial real estate investment companies 
• Arbitrated a so-called “baseball arbitration” dispute between a landlord and a commercial tenant concerning the amounts owed upon the termination of a commercial lease
• Arbitrated dispute between investors in Manhattan real estate
• Mediated matter involving members of a real estate LLC who consensually agreed to a mediated solution rather than the appointment of a Special Master pursuant to their settlement agreement, to administer the interests in and accountings related to the dissolution of their business 
• Mediated complex commercial real estate dispute relating to loans and financing in connection with major hotel and office building complexes
• Securities
• Mediated numerous securities disputes 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 
• Mediated trading dispute between an investment banking firm and a corporate investor 
• Representative Matters at JPMorgan Chase
• 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 mediations 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. 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

Honors, Memberships, and Professional Activities

• 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 2005-2024
• Audit Committee Chair 2019-2024
• 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, 2021-2024

Background and Education

• 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