Shapiro, Arato & Isserles LLP
500 Fifth Avenue
New York, NY 10110
Marc E. Isserles
Mr. Isserles is an experienced litigator whose practice focuses on appellate advocacy, intellectual property litigation, complex commercial litigation, and strategic counseling.
Mr. Isserles has successfully represented corporations and individuals in a wide variety of substantive areas, including copyright, trademark, right of publicity, false advertising, breach of contract, fraud, fiduciary duty, and constitutional law. Mr. Isserles also regularly advises major corporations on complex civil litigation issues in the pre-litigation context, helping them evaluate their rights and/or potential legal exposure before a formal dispute has arisen, and assisting them in adopting and implementing business strategies in light of that legal analysis.
Mr. Isserles is also a commercial mediator, with a particular emphasis on mediating intellectual property licensing disputes. As an advocate for clients in numerous commercial mediations, Mr. Isserles came to understand that mediation, in the right case, can be a superior alternative to the traditional litigation process. Mr. Isserles brings to his mediation practice a natural affinity for facilitation, compromise, and moderation, as well as the analytical and evaluative skills of an experienced civil litigator. Mr. Isserles completed his basic mediation training at the New York City Bar, and commercial mediation training at the New York State Bar Association. He serves as a mediator on the mediation panels of the United States District Court for the Southern District of New York, and the Supreme Court, Commercial Division for New York County, Kings County, Westchester County, and Nassau County.
Prior to co-founding Shapiro, Arato & Isserles LLP, Mr. Isserles was a partner at a leading litigation boutique in New York City, and prior to that was an appellate and intellectual property litigator at top firms of national reputation, including Parcher Hayes & Snyder P.C. Mr. Isserles served as a law clerk to the Honorable Stephen G. Breyer of the Supreme Court of the United States and to the Honorable Laurence H. Silberman of the United
States Court of Appeals for the District of Columbia Circuit. He is also the author of an article on "facial challenges" in constitutional adjudication that has been widely cited by courts and commentators.
Representative recent matters include:
- Represented Fortune 500 company in mediation over patent licensing issues, obtaining settlement for the full value of clients' claim under the license.
- Won D.C. Circuit appeal by Unity08, a non-partisan group seeking to nominate a moderate presidential candidate, of ruling permitting Federal Election Commission to regulate the group as a "political committee" under Federal Election Campaign Act.
- Successfully defended former directors and officers of publicly-traded Canadian mining company against federal securities claims.
- Represented group of 28 copyright law professors as amici curiae in major copyright appeal before the U.S. Court of Appeals for the Second Circuit involving new digital recording technology.
- Represented New York Council of Defense Lawyers as amicus curiae in high-profile white collar appeal before the New York Court of Appeals.
- Represented leading airline company in multi million-dollar dispute with lessor of aircraft over return condition of aircraft.
- Represented Special Litigation Committee of the Board of Directors of Fortune 500 computer software company with respect to potential derivative claims brought in the name of the client corporation against outside auditors.
- Represented employees of consulting firm in action by former employer based on alleged usurpation of corporate opportunities by starting a competing business.
- Represented impeachment committee of Connecticut General Assembly before the Connecticut Supreme Court in historic dispute involving governor's refusal to comply with subpoena on executive immunity grounds.
- Represented major record company in breach of contract and tortious interference action by artists challenging refusal to distribute cover song.
- Represented entertainment company in appeal before the U.S. Court of Appeals for the Second Circuit in a fraud action brought by songwriters.
- Represented celebrity musician and television personality in breach of contract action relating to idea and concept for a successful television show.
- Represented celebrity musician in connection with unfair competition claim arising out of use of slogan.
- Represented group of leading Health Management Organizations in significant appeal before the U.S. Court of Appeals for the Eleventh Circuit regarding non-signatories to arbitration clauses.
- Represented major motion picture studio in copyright, false advertising, and unfair competition action against comic book publisher.
- Represented group of voters before Supreme Court of Virginia in racial gerrymandering challenge to redistricting plan.
- Represented automobile manufacturers as amici curiae in appeal before Illinois Supreme Court involving nationwide class certification of claims arising under the consumer protection laws of many states.
- Represented National Chamber of Commerce as amicus curiae in appeal before New York Court of Appeals involving the extraterritorial application of state consumer protection laws.
- Represented association of video game makers as amicus curiae in appeal before the United States Court of Appeals for the Seventh Circuit in a case involving a First Amendment challenge to the imposition of tort liability on video game manufacturers.
Professional Activities, Publications, and Honors
- Member, Federal Bar Council
- Member, Association of the Bar of the City of New York
- Member, New York State Bar Association
- Overcoming Overbreadth: Facial Challenges and the Valid Rule Requirement, 48 Am. U.L. Rev. 359 (1998)
- 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)
Harvard Law School
J.D., magna cum laude, 1998
Joshua Montgomery Sears Prize,
1996-97 (awarded for two
highest grade point averages)
Notes Editor, Harvard Law
Sarah Lawrence College,
B.A., in Philosophy
and History, December 1993
District of Columbia