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Nesser, Isaac
Direct Tel: +1 212-849-7253
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

Isaac Nesser litigates high-stakes commercial disputes in trial and appellate courts, with a focus on claims arising from the sale and management of complex financial products; business disputes between partners, joint venturers, and others; class action claims, including those involving the marketing of consumer products; and international law claims asserted under the Alien Tort Statute.  He has represented clients in the financial services, telecommunications, real estate, consumer products, and technology industries, among others.

  • American International Group, Inc.
  • Charles Schwab & Co.
  • Cisco Systems, Inc.
  • The Coca-Cola Company
  • Colgate-Palmolive Company
  • Elliott Associates, L.P.
  • ResCap Liquidating Trust

Financial Products

  • Representing the ResCap Liquidating Trust in scores of actions against correspondent lenders, relating to the origination and sale of billions of dollars of defective residential mortgages; recoveries to date exceed $1.2 billion.
  • Represented AIG against Bank of America, Merrill Lynch, Countrywide, and others in claims relating to the marketing and sale of mortgage-backed securities. Recoveries to AIG exceeded $2 billion.
  • Represented Charles Schwab & Co. in a Martin Act proceeding by the New York Attorney General relating to the sale of auction rate securities. 
  • Represented a bank in litigation relating to the sale and management of a CDO.
  • Represented an asset manager in an appeal concerning the disposition of commercial mortgage-backed securities.

Commercial Disputes

  • Represented a real estate asset manager in litigation relating to alleged breaches of contract and fiduciary duty.
  • Represented a hedge fund in a multi-forum dispute against its joint venture partner arising out of the sale of stranger-owned life insurance.
  • Represented the nation’s largest holder of educational broadband spectrum licenses in a licensing dispute with a leading wireless carrier.
  • Represented AIG in America Home Assurance Co. v. Nausch, Hogan & Murray, Inc., 71 A.D.3d 550 (N.Y. App. Div. 2010), which sustained AIG’s indemnity, contribution, negligence, breach of fiduciary duty, and unjust enrichment claims against reinsurance brokers.

Class Actions

  • Represented The Coca-Cola Company and Energy Brands, Inc. as national counsel in multiple putative class actions relating to the allegedly deceptive advertising of vitaminwater. 
  • Represented Colgate-Palmolive Company as national counsel in multiple putative class actions relating to the allegedly deceptive advertising of Softsoap. 

International law

  • Representing Cisco Systems, Inc. in two Alien Tort Statute litigations arising out of alleged wrongdoing in China.
  • Represented Shell Oil in the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum, No. 10-1491, a case concerning application of the Alien Tort Statute to corporations and to conduct in foreign nations.
  • Represented The Coca-Cola Company in Palacios v. Coca-Cola, 2012 WL 4478768 (2d Cir. 2012), which affirmed forum non conveniens dismissal of all claims relating to alleged wrongdoing in Guatemala.
  • Represented The Coca-Cola Company in Sinaltrainal v. Coca-Cola, 578 F.3d 1252 (11th Cir. 2009), which affirmed dismissal of all claims in an Alien Tort Statute and RICO complaint relating to alleged wrongdoing in Turkey.
  • Represented The Coca-Cola Company in Turedi v. Coca-Cola, 2009 WL 1956206 (2d Cir. 2009), which affirmed forum non conveniens dismissal of all claims in an Alien Tort Statute and consumer fraud complaint relating to alleged international law violations in Colombia.
  • Yale Law School
    (J.D., 2003)
  • Columbia College
    (B.A., Political Science and Music, magna cum laude, Phi Beta Kappa, 2000)
The State Bar of New York; The State Bar of New Jersey; United States Supreme Court; United States Court of Appeals: Second Circuit, Ninth Circuit; United States District Courts: Southern District of New York, Eastern District of New York, District of New Jersey
  • Panelist, American Constitution Society National Convention, Globalization, Corporate Accountability and the Courts, June 17, 2011.
  • Guest Lecturer, Columbia Law School, Alien Tort Statute Litigation and Socio-Economic Rights, Nov. 30, 2007.