Presentations

Experience with litigation resolves disputes; experience with disputes resolves litigation.

April 15, 2021: “Creativity for Crisis: How Can ADR Masters Assist Courts Post-Pandemic?,” Spring Conference of the ABA Section of Dispute Resolution.

November 11, 2020: “Careers Beyond the Bench and Bar: Arbitration, Mediation, and Special Masters,” ABA Judicial Division Webinar.

October 23, 2020: “An Update on ABA Guidelines on the Appointment and Use of Special Masters,” Academy of Court Appointed Masters. Annual Meeting.

October 23, 2020: “Ethics for Special Masters: What Are the Problems and What Are the Rules?,” Academy of Court Appointed Masters. Annual Meeting.

May 28, 2020: “A Brainstorming Session:  Using Special Masters to Help Deal with the Courts Deal with the Challenges of the Pandemic,” A Presentation for the ABA Judicial Division. Available at the American Bar Website.

March 10, 2020: “A Tool to Help Courts:  Special Masters,” A Presentation at the Ohio Supreme Court Dispute Resolution Conference. Available on YouTube.

January 14, 2020: “New Thinking on an Old Idea:  How the ABA Guidelines on Special Masters Could Assist Judicial Administration in Florida,” Tampa, FL.

September 24, 2019: “Special Master Resources,”An ABA Judicial Division Gavel Talk. Available at the American Bar Website.

September 10, 2019: “Introduction to Special Masters,” An ABA Judicial Division Gavel Talk. Available at the American Bar Website.

August 8, 2019: “Avoiding A Game of Thrones in the Courtroom:  Fostering Civility and Best Practices,” ABA Annual Meeting, San Francisco.

June 10, 2019: “A Tool for Modern Litigation: Mastering the Challenges,” (2019) Iowa Judges Conference Des Moines.

April 12, 2019: “A New Approach to the use of Special Master in Civil Litigation: the ABA Guidelines,” Academy of Court Appointed Masters. Annual Meeting. Chicago.

April 11, 2019: “A New World for ADR: The ABA’s Guidelines on the Use of Special Masters in Civil Litigation,” ABA Section of Dispute Resolution, Spring Meeting, Minneapolis.

January 28, 2019: Presentation in Support of ABA Resolution 100, adopting Guidelines on the Appointment and Use of Special Masters in Federal and State Court Civil Litigation, and Recommending the Amendment of Bankruptcy Rule 9031. ABA House of Delegates

October 11, 2018: “Rethinking Our Approach to Civil Litigation: Proposed ABA Guidelines on the Use of Special
Masters.” ABA webinar

August 2, 2018: Rethinking Our Approach to Civil Litigation: A Proposed ABA Black Letter on Special Masters. ABA Annual Meeting, Chicago, IL

April 14, 2018: Presentation at Academy of Court-Appointed Masters Annual Meeting. The ABA Black Letter on Special Masters. New Orleans, LA

April 13, 2018: Presentation for the ABA Business Law Section Spring Meeting. The Appointment and Use of Special Masters: What You Don’t Know Can’t Help You. Orlando, FL

March 20, 2018: Presentation for DC Bar: Special Masters and How They Can Save You and Your Clients Time and Money

May 9, 2017: Reducing Litigation Costs: Strategies for In-House Counsel, Webinar, Clearlaw Institute

April 2017: Special Masters: A Way of Bringing Alternatives Into Judicial Dispute Resolution, American Bar Association, Dispute Resolution Section, Spring Meeting. San Francisco, CA

March 31, 2017: Report on the ABA Judicial Division, Lawyers’ Conference Committee on Special Masters, Presentation to the Annual Meeting of the Academy of Court-Appointed Masters. San Diego, CA

Oct. 18, 2016: Special Masters, Program for the William B. Bryant American Inn of Court, Moderator

Oct. 13, 2016: Strategies for In-House Counsel To Reduce Litigation Costs, Strafford Continuing Education Webinar

August 2016: Is There a Better Way? Strategic Use of Special Masters To Improve Judicial Efficiency and Reduce Litigation Cost. American Bar Association Annual Meeting, San Francisco

2010: Antitrust: The Business Case

2009: Developments in U.S. Antitrust Law, London UK

“The FTC v. Cephalon case: What does it mean for future brand-generic patent settlements?” ABA Section of Antitrust Law

June 19, 2008: “A Dickensian View of Pharmaceutical Antitrust: Bleak House or Great Expectations?” Generic Drug Summit, Institute for International Research

May 8, 2008: “Overturning the SEC ‘Broker Dealer Rule’ – What to Expect Going Forward,” 2008 fi360 National Conference

April 24, 2008: “Should We Allow Brand Companies to Pay Generics to End Patent Challenges: James J. Kirkpatrick Meet Shana Alexander,” Law Seminars International, Seminar on Pharmaceutical Antitrust

March 3, 2008: “February In-House Counsel Antitrust Update,” ABA Section of Antitrust Law

October 25-26, 2007: “The SEC’s Regulation of Fee-Based Brokerage Accounts: A Case Study in Administrative Law,” ABA Administrative Law Conference

April 24, 2007: “A General Practitioner’s Guide: What to do if Your Client has an Antitrust or Intellectual Property Issue,” Ross, Dixon & Bell, LLP

January 17, 2007: “Paying Off Generics to Prevent Competition with Brand Name Drugs: Should it be Prohibited?” Testimony before the Senate Judiciary Committee

September 8, 2006: Law Seminars International, Seminar on International Cartels

June 28, 2006: “In-House Counsel Antitrust Update,” ABA Antitrust Section, Corporate Counseling Committee

May 12, 2006: ABA Antitrust Health Care Conference

April 1, 2005: Telecommunications Program, ABA Antitrust Spring Meeting

I will manage your dispute fairly and efficiently.

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What People Say About Merril

  • I’ve worked with Merril for more than 20 years. He brings a unique and valued perspective to dispute resolution. His wealth of complex litigation experience, detailed knowledge of the insurance industry, and longstanding relationships with plaintiffs’ counsel, defense counsel and insurance executives will greatly facilitate the resolution complex disputes in a fair and reasonable manner. You can be confident that your position will be evaluated carefully, thoroughly and with integrity, and if there is a way to settle on good terms, Merril will almost certainly find it.

    Wallace A. Christensen, Managing Director, Chesterbrook Woods, LLC, Member American College of Trial Lawyers

  • Merril Hirsh worked with DC Appleseed pro bono on a project designed to make DC’s Attorney General more accountable to the public and make it an elected office. The project required careful analysis of a number of competing claims as well as the bringing together of a number of conflicting viewpoints. Merril was superb at both those undertakings and helped lead us to a really good outcome for the residents of DC.

    Walter Smith, Executive Director DC Appleseed

  • I practiced law with Merril for more than 20 years. Among other things, he taught me how to take my very first deposition as a newly-minted attorney, and we worked together on complex litigation matters, from insurance coverage to patent and trademark disputes. Merril is one of the smartest people I know. He has an uncanny ability to identify all the nuances and angles of even the most complex matters, analyze them thoroughly, and explain them persuasively. Merril is someone who could pick up pretty much any case in any subject matter and figure it out very quickly.

    Jennifer Mathis, Partner, Troutman Sanders LLP

  • Merril Hirsh is an organized and experienced litigator who gets things done! He has been chairing a special ABA Committee relating to Special Master appointments. I have worked with him on this project for the past 18 months. He is efficient and effective. He encourages others to work with him and with each other. These traits would make him an outstanding mediator, arbitrator or special master.

    Hon. Shira A. Scheindlin, United States District Court for the Southern District of New York (ret.)

  • Merril Hirsh is the complete package. His deep and broad experience as a counselor and litigator, in advocating on behalf of clients and understanding their interests, complements his innate talent as an effective neutral. Add to all of that a superlative work ethic, creativity, and a passion for “getting to ‘yes.’” A lawyer and her or his client will be in excellent hands with Merril as the neutral.

    William D. Johnston, Partner at Young Conaway Stargatt & Taylor, LLP in Wilmington, Delaware and Immediate Past Chair of the ABA Business Law Section

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