Phone 208.344.6000 Email info@hawleytroxell.com
     

Merlyn W. Clark

Partner
PHONE   208.344.6000
FAX   208.954.5210
EMAIL   mclark@hawleytroxell.com
merlyn-clark
 

Merlyn Clark has more than 50 years of experience managing complex civil litigation in state and federal courts, before administrative agencies and arbitration panels. He has argued more than 30 cases before the Idaho Supreme Court. He focuses his litigation practice on civil litigation involving real property, contracts, business and commercial law, administrative law, and corporate and partnership disputes. Mr. Clark also serves as a Special Deputy Attorney General for the State of Idaho providing services in select matters to the Idaho Department of Risk Management, Idaho Department of Administration, Idaho Department of Health and Welfare, State Board of Land Commissioners, and Idaho Department of Lands.

Mr. Clark has an extensive practice in alternative dispute resolution as an advocate for clients and as an arbitrator and Certified Professional Mediator. He serves as Chair of the Alternative Dispute Resolution Practice Group. He is on the rosters of approved mediators for the United States District Court, District of Idaho, and all Idaho state courts. He is on the National Roster of Commercial Arbitrators and Mediators and the National Roster of Employment, Arbitrators and Mediators of the American Arbitration Association. He is also on the roster of National Arbitration Forum and National Arbitration & Mediation ADR Services. He has mediated more than 80 disputes involving a broad range of claims and issues and has presided as the sole arbitrator or as a panel member in more than 80 arbitration proceedings.

Mr. Clark regularly serves as an expert witness on issues involving legal malpractice, ethics, and fee disputes. He serves as an administrative hearing officer for the Idaho Transportation Department, a court appointed special discovery master, and a Small Lawsuit Resolution Act proceeding evaluator.

Mr. Clark teaches judges and lawyers on evidence law and civil procedure. He served as the chairman and reporter of the Idaho Evidence Rules Committee that drafted the Idaho Rules of Evidence. He also served as chairman and reporter of the Idaho Uniform Mediation Act Committee that resulted in the amendment of Idaho Evidence Rule 507 by the Idaho Supreme Court and adoption of the Uniform Mediation Act by the Idaho Legislature in 2008.

Before joining Hawley Troxell in 1979, Mr. Clark conducted a private practice in Lewiston, Idaho and served as the Nez Perce County Prosecuting Attorney from 1974-76.


Significant Representation

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 were 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 tortuous interference with economic opportunity. The case against the individual employees was dismissed. The case against the Department of Administration is now on appeal before the Idaho Supreme Court.

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.


Practice Areas

Education

Law School: University of Idaho, J.D., 1964

Idaho Law Review, member, 1963-1964

Undergraduate: University of Idaho, Business Administration, 1957-1961

Community Activities

Idaho Fish & Wildlife Foundation, Board of Directors, member

Women’s & Children’s Alliance, Board of Directors, member

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

Training

Instructor of evidence and civil procedure for the Idaho State Judiciary at the annual New Judges Orientation and the Annual Judicial Conference since 1992.

Adjunct Instructor of Trial Advocacy at University of Idaho College of Law since 1996.

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, Spring Term, 2015.

 

 


merlyn-clark

Merlyn W. Clark

Partner
PHONE   208.344.6000
FAX   208.954.5210
EMAIL   mclark@hawleytroxell.com

Biography

Merlyn Clark has more than 50 years of experience managing complex civil litigation in state and federal courts, before administrative agencies and arbitration panels. He has argued more than 30 cases before the Idaho Supreme Court. He focuses his litigation practice on civil litigation involving real property, contracts, business and commercial law, administrative law, and corporate and partnership disputes. Mr. Clark also serves as a Special Deputy Attorney General for the State of Idaho providing services in select matters to the Idaho Department of Risk Management, Idaho Department of Administration, Idaho Department of Health and Welfare, State Board of Land Commissioners, and Idaho Department of Lands.

Mr. Clark has an extensive practice in alternative dispute resolution as an advocate for clients and as an arbitrator and Certified Professional Mediator. He serves as Chair of the Alternative Dispute Resolution Practice Group. He is on the rosters of approved mediators for the United States District Court, District of Idaho, and all Idaho state courts. He is on the National Roster of Commercial Arbitrators and Mediators and the National Roster of Employment, Arbitrators and Mediators of the American Arbitration Association. He is also on the roster of National Arbitration Forum and National Arbitration & Mediation ADR Services. He has mediated more than 80 disputes involving a broad range of claims and issues and has presided as the sole arbitrator or as a panel member in more than 80 arbitration proceedings.

Mr. Clark regularly serves as an expert witness on issues involving legal malpractice, ethics, and fee disputes. He serves as an administrative hearing officer for the Idaho Transportation Department, a court appointed special discovery master, and a Small Lawsuit Resolution Act proceeding evaluator.

Mr. Clark teaches judges and lawyers on evidence law and civil procedure. He served as the chairman and reporter of the Idaho Evidence Rules Committee that drafted the Idaho Rules of Evidence. He also served as chairman and reporter of the Idaho Uniform Mediation Act Committee that resulted in the amendment of Idaho Evidence Rule 507 by the Idaho Supreme Court and adoption of the Uniform Mediation Act by the Idaho Legislature in 2008.

Before joining Hawley Troxell in 1979, Mr. Clark conducted a private practice in Lewiston, Idaho and served as the Nez Perce County Prosecuting Attorney from 1974-76.


Significant Representation

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 were 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 tortuous interference with economic opportunity. The case against the individual employees was dismissed. The case against the Department of Administration is now on appeal before the Idaho Supreme Court.

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.


Practice Areas

Education

Law School: University of Idaho, J.D., 1964

Idaho Law Review, member, 1963-1964

Undergraduate: University of Idaho, Business Administration, 1957-1961

Community Activities

Idaho Fish & Wildlife Foundation, Board of Directors, member

Women’s & Children’s Alliance, Board of Directors, member

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

Training

Instructor of evidence and civil procedure for the Idaho State Judiciary at the annual New Judges Orientation and the Annual Judicial Conference since 1992.

Adjunct Instructor of Trial Advocacy at University of Idaho College of Law since 1996.

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, Spring Term, 2015.

 

 


Memberships & Accolades

Professional Memberships

American Bar Association, ADR and Litigation Sections, member

American Bar Foundation, 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

National Academy of Distinguished Neutrals, Fellow

Idaho Mediation Association, Certified Professional Mediator since 1995

American College of Civil Trial Mediators, Fellow

Idaho Association of Defense Counsel, member

The Sedona Conference Institute, eDiscovery Working Group, member

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

American College of Trial Lawyers, Fellow; State Chair 1998-2000

Academy of Court Appointed Masters, Fellow

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

Accomplishments

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

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

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

Best Lawyers in America – Alternative Dispute Resolution and Business and 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 sections), 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

 

 


Articles & Publications

“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).