Mark J.R. Merkle

Partner

e: mmerkle@kdlegal.com
p: (317) 238-6219

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Mark J.R. Merkle

Partner

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Mark Merkle practices in the areas of business, financial services, and tort litigation and employment law. A significant part of his practice is devoted to the defense of major manufacturers in product liability cases and commercial litigants in contract, fraud and securities litigation brought both in federal and state courts. He served as liaison counsel in multi-district litigation filed in Indianapolis and was actively involved in coordinating the defense of class action claims and over eight hundred personal injury and wrongful death claims.  In the multi-district litigation, Mr. Merkle worked closely with the Court to coordinate activities with local, regional and national counsel.   As a member of the Employment Law Practice Group, Mr. Merkle has advised clients on labor matters from negotiating collective bargaining agreements to obtaining judicial relief during a labor dispute. Mr. Merkle has represented management in disputes regarding employment agreements, union representation petitions and unfair labor practice charges.

He has handled matters before the National Labor Relations Board and private arbitrators.  Mr. Merkle has extensive experience with employment contracts and restrictive covenants and has drafted such contracts from a litigation perspective and then enforced those contracts in state and federal courts and before AAA and NASD Arbitration Panels.  During his tenure with the Firm, Mr. Merkle served as Acting General Counsel for a national manufacturing concern.  In that role, he was responsible for drafting contracts, leases and other commercial agreements, rendering advice on human resource issues and managing outside counsel in commercial litigation cases.  Mr. Merkle currently serves as the Firm's General Counsel.

Representative Experience

  • Liaison counsel in multi-district litigation actively involved in coordinating the defense of class action claims and over eight hundred personal injury and wrongful death claims
  • Mills vs Old National Bank- successful dismissal of class action suit alleging injury  resulting from breach of computer system security
  • Mayberry vs Bridgestone Firestone North American Tire - Appeal to the Indiana Supreme Court resulting in the adoption of a three-part balancing test in the discovery of trade secret information
  • Successfully represented Management in the decertification of a union based on the United States Constitution
  • Directed Verdict  for defendant in jury trial where plaintiff claimed over $25 million in Damages
  • Judgment for plaintiff in ERISA suit-first reported Indiana  District Court case  finding a participant had a right to recover from the  administrator for individual  damages versus damages to the plan itself

Education

  • Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana (J.D., 1983)
  • Wabash College, Crawfordsville, Indiana (A.B., cum laude, 1980)

Bar Admissions

  • Indiana, 1983
  • U.S. District Court for the Northern District of Indiana, 1983
  • U.S. District Court for the Southern District of Indiana, 1983
  • U.S. Court of Appeals 7th Circuit, 1983

Professional Associations

  • Defense Trial Counsel of Indiana (Member) Indianapolis Bar Association (Member)
  • 7th Circuit Bar Association
  • Indiana State Bar Association
  • Indiana Lawyers Club
  • The Law Club

Awards and Recognitions

  • Benchmark Litigation, Indiana Litigation Star

Seminars and Presentations

  • "Litigating Banking Law Issues", Banking Law and Regulation (ICLEF), 2017
  • "Litigating Banking Law Issues", Banking Law and Regulation (ICLEF), 2010
  • Defense Trial Counsel of Indiana- presentation on  trial strategy

Publications

  • Contributing Author Indiana Section - The Product Liability Desk Reference
  • Contributing Author Indiana Section - The  Business Torts Desk Reference
Representative Experience
  • Liaison counsel in multi-district litigation actively involved in coordinating the defense of class action claims and over eight hundred personal injury and wrongful death claims
  • Mills vs Old National Bank- successful dismissal of class action suit alleging injury  resulting from breach of computer system security
  • Mayberry vs Bridgestone Firestone North American Tire - Appeal to the Indiana Supreme Court resulting in the adoption of a three-part balancing test in the discovery of trade secret information
  • Successfully represented Management in the decertification of a union based on the United States Constitution
  • Directed Verdict  for defendant in jury trial where plaintiff claimed over $25 million in Damages
  • Judgment for plaintiff in ERISA suit-first reported Indiana  District Court case  finding a participant had a right to recover from the  administrator for individual  damages versus damages to the plan itself
Education
  • Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana (J.D., 1983)
  • Wabash College, Crawfordsville, Indiana (A.B., cum laude, 1980)
Bar Admissions
  • Indiana, 1983
  • U.S. District Court for the Northern District of Indiana, 1983
  • U.S. District Court for the Southern District of Indiana, 1983
  • U.S. Court of Appeals 7th Circuit, 1983
Professional Associations
  • Defense Trial Counsel of Indiana (Member) Indianapolis Bar Association (Member)
  • 7th Circuit Bar Association
  • Indiana State Bar Association
  • Indiana Lawyers Club
  • The Law Club
Awards and Recognitions
  • Benchmark Litigation, Indiana Litigation Star
Seminars and Presentations
  • "Litigating Banking Law Issues", Banking Law and Regulation (ICLEF), 2017
  • "Litigating Banking Law Issues", Banking Law and Regulation (ICLEF), 2010
  • Defense Trial Counsel of Indiana- presentation on  trial strategy
Publications
  • Contributing Author Indiana Section - The Product Liability Desk Reference
  • Contributing Author Indiana Section - The  Business Torts Desk Reference