Michael Merrick

Phone: 502-242-9099
Email: [email protected]

Michael Merrick

Michael Merrick is a litigator and advisor in the areas of business and fiduciary litigation and health care law. He represents all manner of business entities in litigating and resolving commercial disputes before courts and administrative agencies. In addition, Michael devotes a substantial part of his practice to matters in the health care industry, representing providers in a diverse array of matters including regulatory and compliance advice, government investigation and audits, and before licensure boards.

Michael is a graduate of the University of Notre Dame and Brandeis School of Law. After law school, he clerked for a federal judge in the U.S. District Court for the Western District of Kentucky. Prior to joining the firm, Michael was a partner at a large regional law firm.

Areas of Practice

  • Complex Commercial & Business Litigation
  • Managed Care Litigation

Admissions

  • Kentucky
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Eastern District of Kentucky
  • United States District Court for the Western District of Kentucky

Education

  • Louis D. Brandeis School of Law, University of Louisville, Louisville, Kentucky
    • J.D. magna cum laude - 2004
  • University of Notre Dame, South Bend, Indiana
    • B.A. magna cum laude - 1999
    • Major: English

Representative Matters in Healthcare

Lead counsel for large physician practice in investigation resulting in DOJ dropping multimillion dollar healthcare fraud allegations, with payment of no refunds or penalties by the practice.

Lead counsel for hospital chain in internal investigation analyzing deficits in company’s internal reporting and management structure which had led to Medicare compliance problems at hospital.

Counsel to national healthcare provider in internal investigation of fraud which resulted in successful use of the OIG self-disclosure protocol, minimal repayment obligations, no civil monetary penalties, and avoidance of imposition of corporate integrity agreement.

Lead counsel for numerous physicians and physician practices in navigating internal practice disputes, disputes with hospitals, medical staff issues, and advising on Stark and Anti-Kickback compliance.

Representative Matters in Commercial Litigation

Served as lead counsel in multiple cases involving non-competes and other restrictive covenants, successfully representing each side of the relationship—successfully enforcing restrictive covenants for the employer, and successfully avoiding enforcement for the departed employee.

Lead counsel for global insurance company in obtaining summary judgment in action by Kentucky state agency seeking to impose millions of dollars of assessments and penalties.

Lead counsel for commercial real estate owner in obtaining defense verdict against claims that the owner caused more than $3 million in property damage and lost profits to commercial tenant. Lead counsel for manufacturer in multiple cases obtaining summary judgment on claims of breach of warranty.

Obtained summary judgment on behalf of corporate officers and directors of closely held corporation in shareholder derivative action in Kentucky seeking $50 million in damages.

Honors and Awards

  • Peer Review Rated AV in Martindale- Hubbell
  • Leadership Louisville Class of 2018
  • Kentucky Super Lawyers (2015-Present)
  • Kentucky Rising Stars (2013-2014)

Clerkship

  • Law Clerk, Hon. John G. Heyburn II, United States District Court for the Western District of Kentucky