Merlyn W. Clark

SIGNIFICANT REPRESENTATION & EXPERIENCE

• Represented Plaintiff, Hells Canyon Excursions, Inc., in an action against individuals who traveled 90 miles by jet boat at night on the Snake River from Heller Bar near Asotin, WA, to Willow Creek, just below Hells Canyon Dam, and set fire to Plaintiff’s guest lodge and bunk houses. After 10 years of investigation and preparation and two months of trial, a jury awarded compensatory and punitive damages to Plaintiff. Mr. Clark then prosecuted claims against the insurer of one of the defendants and recovered the verdict and attorney fees for Plaintiff.
• Defended certain Justices and Justices Pro Tem of the Idaho Supreme Court who was sued in federal court by Idaho school districts in an attempt to force the Court to order the Idaho Legislature to provide additional funding for schools. The case was dismissed.
• Defended the Idaho Department of Administration and certain employees who were sued in state court by a vendor of electronic communications systems for alleged breach of contract, violation of procurement laws, and tortious interference with economic opportunity. The case against the individual employees was dismissed. The case against the Department of Administration resulted in a judgment against the Department.
• Defended URS Federal Services, Inc. (formerly Lear Siegler Services, Inc.) in a class action by more than 4,000 contract mechanics for alleged unpaid hours worked in Iraq. The case was settled after most of the members of the class were decertified by the federal court.
• Defended the Idaho Department of Health and Welfare in an action by a vendor who claimed it was entitled to payment of several millions of dollars for software that was either non-functional or not timely delivered. The case was dismissed.
• Defended the Idaho Board of Land Commissioners and Idaho Department of Lands in actions filed in the Idaho Supreme Court by the Idaho Attorney General and in state court by cottage site lessees on Payette and Priest Lakes. The Supreme Court action was dismissed.
• Represented the Ada County Highway District in an appeal to the Idaho Supreme Court against Idaho Power Company and the Idaho Public Utilities Commission to challenge the validity of an order of the Commission. The order was declared void.
• Represented the City of Hayden, Idaho, in an appeal from a decision of the Kootenai County District Court holding the City’s sewer connection fee to be illegal and awarding damages to Plantiff. The judgment was vacated by the Idaho Supreme Court and remanded for further proceedings, where the case was resolved in mediation proceedings.

TRAINING

• Instructor of evidence and civil procedure for the Idaho State Judiciary at the annual New Judges Orientation and the Annual Judicial Conference from 1997–2017.
• Adjunct Instructor of Trial Advocacy at University of Idaho College of Law from 1996–2016
• Adjunct Professor of Negotiation and Settlement Advocacy. The Straus Institute for Dispute Resolution, Pepperdine University School of Law, 2000.
• Adjunct Instructor of Negotiation Skills at University of Idaho College of Law, 2000.
• Adjunct Instructor of Mediation Advocacy at University of Idaho College of Law, 2002.
• Adjunct Instructor of Effective Advocacy in Arbitration, The Northwest Institute for Dispute Resolution, University of Idaho College of Law, 2000 and 2002.
• Adjunct Instructor of Arbitrator Skills at Northwest Institute for Dispute Resolution, University of Idaho College of Law, 2009
• Adjunct Professor of Negotiation and ADR, University of Idaho, College of Law–Boise Campus, Spring Term, 2015.
• Adjunct Instructor of Arbitration Law and Practice at University of Idaho College of Law Moscow Campus from 2006 to 2018 and Boise Campus since 2014.

ACCOMPLISHMENTS

Mountain States Super Lawyer – Alternative Dispute Resolution, Business Litigation, since 2007

Idaho Business Review‘s Leaders in Law – Partners, 2016

Martindale Hubbell – AV Preeminent (highest rating for ethics and legal ability), 2016-2018

Who’s Who Legal – The International Who’s Who of Commercial Mediation, 2013-2018

Best Lawyers in America – “Lawyer of the Year,” Mediation, 2013-2018

Best Lawyers in America – Arbitration, Bet-the-Company Litigation, Commercial Litigation, and Mediation, since 1995

Best Lawyers in America – Alternative Dispute Resolution and Business & Commercial Litigation, 2012-2015

Chambers & Partners – Litigation: General Commercial, since 2003

Recipient, Distinguished Lawyer Award presented by the Commissioners of the Idaho State Bar, 2001

Listed in Who’s Who in America and Who’s Who in American Law

Listed in The Best Lawyers in America (Alternative Dispute Resolution; Business Litigation, Commercial Law, and Bet-The-Company Litigation section), published by Woodward/White, Inc.

Listed in Chambers USA: America’s Leading Lawyers (Commercial
Litigation), published by Chambers USA

Listed in Mountain States Super Lawyers (Top 75) (Alternative Dispute Resolution and Business Litigation), published by Law & Politics

Listed in Benchmark: America’s Leading Litigation Firms and Attorneys (Highly Recommended), published by Legal Media Group

Recipient, Award of Legal Merit presented by University of Idaho College of Law, 1988

Recipient, Distinguished Service Award presented by the Idaho Supreme Court, 1988

Recipient, Award of Appreciation presented by Board of Commissioners of the Idaho State Bar, 1984

Member, Silver Lance, University of Idaho scholastic honorary, 1964

Recipient, One of Twenty Outstanding Seniors Award, University of Idaho Class of 1964

EDUCATION

Law School:

University of Idaho College of Law, J.D., 1964

Idaho Law Review, Member 1963–1964

Undergraduate:

University of Idaho, B.A. Business Administration, 1961

BAR ADMISSIONS

Idaho

Idaho Supreme Court

United States Supreme Court

United States District Court, District of Idaho

United States Court of Appeals, Ninth Circuit

United States Court of Federal Claims

PROFESSIONAL/COMMUNITY ASSOCIATIONS

American Bar Association, ADR and Litigation Sections, Member

American Bar Foundation, Fellow

American College of Civil Trial Mediators, Fellow

Federal Bar Association, Member

Idaho State Bar, ADR, and Litigation Sections, member, Commissioner 1977–1979, Evidence Committee Chair, 1980–1985, Litigation Section Chair, 2005–2006, 2007–2008

Idaho Law Foundation, Director 1980-83, President 1984–1986

American Arbitration Association, National Roster of Commercial Arbitrators and Mediators, and National Roster of Employment Arbitrators and Mediators, Member

Idaho Mediation Association, Certified Professional Mediator since 1995; member, Board of Directors

National Arbitration Forum, Member

National Arbitration & Mediation ADR Services, Member

American College of Civil Trial Mediators, Fellow

Idaho Association of Defense Counsel, Member

American Inn of Court No. 130, Member Emeritus, President 1996–1997

American College of Trial Lawyers, Fellow, State Chair 1998–2000

University of Idaho College of Law Advisory Council, Emeritus, Chair 1999–2000

Idaho Fish & Wildlife Foundation, Board of Directors, member, 1999-2018

Women’s & Children’s Alliance, Board of Directors, 2003–2015

Idaho Partners Against Domestic Violence, co-chair, 1994–2009

PUBLICATIONS & PRESENTATIONS

“Water Pollution Law in Idaho,” 1 Idaho Law Review 111 (1964).

“The Real Estate Contract,” Chapter 2, The Idaho Real Estate Practice Handbook, Idaho Law Foundation (1980).

“Idaho Rules of Evidence: Their Effect on Idaho Law,” 22 Idaho Law Review 1 (1985).

“Wetlands: Compensation for ‘Taking’ by Denial of the Section 404 Permit,” 29 Idaho Law Review 41 (1993).

“Expert Affidavits: Changing Standards,” The Advocate, Official Publication of the Idaho State Bar (1995).

“Summary Judgment Affidavits In State Court: Should Counsel Object or Move to Strike?” The Advocate, Official Publication of the Idaho State Bar (1995).

“Expert Testimony Concerning the Status or the Interpretation of Statutes or Administrative Regulations Is Not Admissible Opinion Testimony,” The Advocate, Official Publication of the Idaho State Bar (1995).

“The Motion in Limine: An Elevated Function, The Advocate, Official Publication of the Idaho State Bar (November, 1995).

“Summary Judgment: Trial by Paper,” The Advocate, Official Publication of the Idaho State Bar (February, 1996).

“The Impact of Daubert on the Admissibility of Expert Opinion,” The Advocate, Official Publication of the Idaho State Bar (April 1996).

“Suggestions for Counsel in Mediated Settlement Conferences,” The Advocate, Official Publication of the Idaho State Bar (1996).

Co-author, “Trial Evidence for Judges: Management of a Trial,” The Bench Guide, published in CD form for the Idaho Judiciary by West Publishing Co. (1996, 2001, 2006 and 2011).

Co-author, “Practical Trial Evidence For the New Judge Orientation,” Idaho State Judiciary (Annually, 1998 – 2015).

Co-author, “Trial Evidence for Judges: Witnesses and Testimony of Witnesses,” The Bench Guide, published in CD form for the Idaho Judiciary by West Publishing Co. (1997, 2002, 2007 and 2012).

Co-author, “Trial Evidence for Judges: Exhibits Demonstrative Evidence and Illustrative Aids, Tests, Analyses and Experiments,” The Bench Guide, published in CD form for the Idaho Judiciary by West Publishing Co. (1998, 2003, 2008 and 2013).

“The Concepts of Good Faith and Bad Faith, and Ethical Obligations in Negotiating Settlement Agreements,” for the Alternative Dispute Resolution Section and Litigation Section of the Idaho State Bar seminar (2000).

“Mediation and Arbitration, An Overview from the Perspective of a Mediator,” a collection of materials prepared for the Idaho Association of Paralegals, Inc. seminar (2001).

“Mediation Advocacy,” materials prepared for the Mediation Advocacy Skills Class at the University of Idaho College of Law (2002).

Co-author, “Trial Evidence for Judges: The Exclusionary Rules,” The Bench Guide, published in CD form for the Idaho Judiciary by West Publishing Co. (1999, 2004, 2009 and 2014).

Co-author, “Trial Evidence for Judges: The Hearsay Rules,” The Bench Guide, published in CD form for the Idaho Judiciary by West Publishing Co. (2000, 2005, 2010 and 2015).

“Effective Advocacy in Arbitration,” an arbitration course manual for The Northwest Institute for Dispute Resolution, University of Idaho, College of Law (2000) (Revised 2002 and 2004).

“Daubert and Kumho Challenges,” Litigation Section of the Idaho State Bar seminar (2001).

“The Hearsay Rules: An In-Depth Look,” The Idaho Law Foundation, Inc. seminar (2002).

“Foundations for Exhibits, Demonstrative Evidence and Illustrative Aids, Tests, Analyses and Experiments,” seminar materials for the Young Lawyers Section of the Idaho State Bar (2003).

Co-author “Lewis & Clark on a Journey of Discovery of the Rules of Evidence,” Idaho Law Foundation, Inc. Seminar (2003).

“Evidence Rule 703: The Barrier to ‘Backdoor Hearsay’,” 32 Idaho Trial Lawyers Association Journal 3 (Winter 2003).

“The Concepts of Good Faith and Bad Faith in Negotiating Settlement Agreements,” updated and revised for publication in The Advocate, Official Publication of the Idaho State Bar September 2005).

Co-author “Lewis & Clark on a Journey of Discovery of the Rules of Evidence–The Sequel,” Idaho Law Foundation, Inc. seminar (2005).

Co-author “Arbitrator’s Update: Practical Advocacy Tips,” American Arbitration Association seminar (2005).

“Building a Case from Discovery to Trial and Beyond: Evidence,” Young Lawyers Section of the Idaho State Bar seminar (2006).

“Preparing Your Client for a Successful ADR Experience: Mediation and Arbitration, The Pros and Cons of Arbitration, Drafting Arbitration Clauses/Agreements, and Enforcement of Arbitration Clauses,” ADR Section of the Idaho State Bar seminar (2006).

“Implementing The Idaho Uniform Mediation Act and New Evidence Rule 507,” Idaho Mediation Association seminar (2008).

“Effective Arbitration for Arbitrators and Advocates,” Northwest Institute for Dispute Resolution, University of Idaho, College of Law (2009).

“How to Lay the Proper Foundation for the Admission of Evidence,” Idaho State Bar Young Lawyers Section seminar (2010).

“Twombly Standards of Pleading,” Idaho Trial Lawyers Association seminar (2010).

“Obligations to Preserve, Collect and Produce Electronic Evidence: What is Required to Avoid Spoliation Sanctions,” Association of Corporate Counsel seminar (2010).

“Avoiding Traps in Arbitration,” ADR Section of the Idaho State Bar seminar (2011).