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Bruce P. Merenstein

Partner
T 215-751-2249
    Mr. Merenstein, chair of the Firm’s Appellate Practice Group, has a comprehensive litigation practice ranging from first and second-chairing jury trials to handling state and federal court appeals to serving as court-appointed special master in a number of complex federal cases. He has extensive experience mediating difficult disputes and has been responsible for dozens of appeals covering a wide variety of subject matters. Mr. Merenstein served as vice-chair of the Firm’s Litigation Department from 2013 to 2016 and chair of the Firm’s Pro Bono Committee from 2010 to 2015. He was an adjunct professor of appellate advocacy at Drexel University School of Law from 2007 through 2015. Before attending law school, Mr. Merenstein worked for almost a decade in labor relations.


    AREAS OF EXPERIENCE

    Representative Mediation Experience

    Mr. Merenstein’s mediation and related matters include the following:
    • Serving as court-appointed Special Master in three complex federal cases: multidistrict litigation involving claims against a pharmaceutical company; a false claims act case; and a securities dispute;
    • Mediating and facilitating resolution of dozens of discovery disputes regarding attorney-client privilege, document production, electronically-stored information, fact and expert depositions, medical examinations, third-party discovery, and other contested issues;
    • Successfully mediating nine separate objections to proposed distribution of $143 million common benefit fee among 17 law firms;
    • Resolving disputes between seven state attorneys general and common benefit fee committee over states’ contributions to common benefit fund;
    • Assisting in resolution of two large inventories of personal injury cases;
    • Helping to craft voluntary lien resolution program adopted by approximately 45 health care plans, numerous plaintiffs, and defendant for handling third-party lien claims; and
    • Serving as Judge Pro Tem in Philadelphia Court of Common Pleas, presiding over mandatory settlement conferences in major jury cases.

    Representative Appellate Practice

    Mr. Merenstein’s appellate practice has included the preparation and editing of hundreds of briefs, supervision of other lawyers’ brief drafting, and presentation of dozens of oral arguments in a wide variety of appeals in federal and state court. His appellate representations have run the full gamut of civil and criminal matters, covering numerous constitutional, statutory, and common law subject matters, as well as regulatory, procedural, and jurisdictional issues. He also has joined trial teams as appellate counsel, handling all motion briefing and argument in the trial court, developing the legal arguments to complement the trial team’s presentation of the facts, and taking responsibility for such matters as issue preservation and proposed jury instructions.

     

    Representative Trial Experience

     

    Mr. Merenstein’s trial practice has included roles as lead counsel and co-lead counsel in civil and criminal matters at both jury and bench trials; second-chair responsibility in many additional jury and bench trials; and briefing and arguing numerous pre-trial and post-trial dispositive motions.   

    COMMUNITY ACTIVITIES

    • Or Hadash Reconstructionist Synagogue Board of Directors, 2002-2005; 2012-present
    • Upper Dublin School District Budget and Finance Task Force, 2010-2011
    • Upper Dublin School District Gifted Education Review Committee, 2007-2008
    • Upper Dublin Township Historic Preservation Committee, 2002-2005
    • Upper Dublin School District Educational Advisory Committee, 2000-2005

    Education

    • University of Pennsylvania Law School, J.D., summa cum laude, Order of the Coif, 1998
    • University of Massachusetts, M.S., University Fellowship recipient, 1988
    • Brandeis University, B.A., magna cum laude, 1985
    • London School of Economics, Certificate in Sociology/Economics, 1984

    Court Admissions

    • U.S. District Court for the Eastern District of Pennsylvania
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Supreme Court

    Bar Admissions

    • Pennsylvania, 1998

    Clerkships

    • Edward R. Becker, Chief Judge, United States Court of Appeals for the Third Circuit, 1998-1999

    Professional Affiliations

    • Advisory Committee of the Judicial Council of the Third Circuit, member (appointed by Chief Judge, 2017-present)

    • American Bar Association, member
    • American Law Institute, member
    • Bar Association for the Third Federal Circuit, member
    • Pennsylvania Bar Association, member; Appellate Advocacy Committee, member
    • Philadelphia Bar Association; Appellate Courts Committee, co-chair (2016-present); Federal Courts Committee, chair (2015), vice chair (2014); Commission on Judicial Selection and Retention, investigator

    Other Distinctions

    • Best Lawyers’ 2017 Philadelphia Appellate Practice "Lawyer of the Year"
    • Listed in The Best Lawyers in America for Appellate Law, 2008-2018
    • Rated AV® Preeminent™ by Martindale-Hubbell®
    • Recognized as a 'Pennsylvania Super Lawyer' in the area of Appellate Law, 2009-2017
    • Completed Mediating Disputes course at Harvard Law School's Program on Negotiation, 2014
    • Two time recipient of a Burton Award for Legal Achievement, in 2007 for co-authoring "Interim Issues Requiring Appellate Review — Pennsylvania's Collateral Order Doctrine," and again in 2009 for co-authoring "Charities and the Orphans' Court"
    • Recipient, Earl G. Harrison Pro Bono Award, 2008
    • Honors from HIAS & Council, a public-interest immigration advocacy organization, in recognition of outstanding pro bono work on an asylum case, 2005
    • Recognized among 'Pennsylvania Rising Stars' by Super Lawyers in the area of appellate law, 2005-2007 
    • University of Pennsylvania Law Review Executive Editor, 1997-98; Associate Editor, 1996-97
    • Winner of the University of Pennsylvania Law School's prestigious Keedy Cup moot court competition, 1998
    • Graduation awards from the University of Pennsylvania Law School for best constitutional law paper, best civil procedure paper, and most significant contribution to the Law Review, 1998
    • Online columnist for appellate issues for The Legal Intelligencer Blog, 2008-2012