Mark C. Morril, Esq.
413 West 53rd Street
New York, NY 10019
New York, NY 10019
MorrilADR LLC – Independent Arbitrator and Mediator
MorrilADR, 2012 – Present; Senior Vice President/Deputy General Counsel, Viacom Inc., 1999 – 2012; Senior Vice President/General Counsel Simon & Schuster Inc. (a Viacom Company), 1989 – 1999; Litigation Partner, Kay Collyer & Boose (merged into Davis Wright Tremaine subsequent to tenure), 1985 – 1989; Associate, Paul Weiss Rifkind Wharton & Garrison; Partner, Greenbaum Wolff & Ernst and Hale Russell & Gray; Staff Attorney, Legal Action Center of the City of New York; Law Clerk to Honorable Jack B. Weinstein, United States District Court Eastern District of New York.
Interpretation of complex commercial contracts, trademark licenses and distribution agreements.
Wrongful termination of international distribution agreement.
Insurance fraud involving misrepresentation of the nature of the insured’s business at the underwriting stage.
Equitable subrogation on insurance policies.
Insurance “piggy-backing” or diversion claims.
Insurance coverage.
Fraud and misrepresentation.
Scope of trademark licenses.
Breach of commercial lease, calculation of damages, mitigation of damages.
Calculation of damages on breach of unexpired commercial lease.
Guarantor liability.
Statute of limitations, including when party has sufficient knowledge of facts from which fraud could reasonably be inferred under New York’s “discovery rule”.
Enforceability of oral promise to forebear from collection of promissory note.
Admissibility of parole evidence to vary terms of written contract.
Breach of contract relating to exclusive distribution agreement.
Breach of implied covenant of good faith and fair dealing and related damages issues including lost profits, expenses, attorneys’ fees and interest.
Scope of fiduciary obligations and duty to account.
Forum non conveniens standard.
Wrongful termination of international distribution agreement.
Insurance fraud involving misrepresentation of the nature of the insured’s business at the underwriting stage.
Equitable subrogation on insurance policies.
Insurance “piggy-backing” or diversion claims.
Insurance coverage.
Fraud and misrepresentation.
Scope of trademark licenses.
Breach of commercial lease, calculation of damages, mitigation of damages.
Calculation of damages on breach of unexpired commercial lease.
Guarantor liability.
Statute of limitations, including when party has sufficient knowledge of facts from which fraud could reasonably be inferred under New York’s “discovery rule”.
Enforceability of oral promise to forebear from collection of promissory note.
Admissibility of parole evidence to vary terms of written contract.
Breach of contract relating to exclusive distribution agreement.
Breach of implied covenant of good faith and fair dealing and related damages issues including lost profits, expenses, attorneys’ fees and interest.
Scope of fiduciary obligations and duty to account.
Forum non conveniens standard.
Admitted to the Bar: New York, 1985; U.S. District Court: Southern and Eastern Districts of New York; U.S. Court of Appeals, Second Circuit; U.S. Supreme Court.
Association of the Bar of the City of New York;
Current: Chair, Council on the Profession
Prior: Vice President; Executive Committee, Chair; Executive Committee Liaison to Committees on Arbitration, ADR and International Commercial Disputes; Chair, Task Force on New Lawyers in a Changing Profession; Chair, Committee on Professional and Judicial Ethics.
Chief Litigation Counsel Association (past Chair); Corporate Counsel International Arbitration Group; Institute for Transnational Arbitration (Advisory Board); American Bar Association (Dispute Resolution, Intellectual Property Law and Litigation Sections; Fellow); New York State Bar Association (Dispute Resolution Section); Federal Bar Council.
Current: Chair, Council on the Profession
Prior: Vice President; Executive Committee, Chair; Executive Committee Liaison to Committees on Arbitration, ADR and International Commercial Disputes; Chair, Task Force on New Lawyers in a Changing Profession; Chair, Committee on Professional and Judicial Ethics.
Chief Litigation Counsel Association (past Chair); Corporate Counsel International Arbitration Group; Institute for Transnational Arbitration (Advisory Board); American Bar Association (Dispute Resolution, Intellectual Property Law and Litigation Sections; Fellow); New York State Bar Association (Dispute Resolution Section); Federal Bar Council.
Columbia Law School (JD, James Kent Scholar-1972); Tufts University (BA, magna cum laude-1969).
$25,000 Per Day
English
United States of America
New York, NY
The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.
