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Mary E. Bartkus

Special Counsel

Locations

Bar Admissions

New Jersey New York

Education

Rutgers University School of Law, J.D., Adjutant Law Clerk to United States District Judge H. Curtis Meanor, United States District Court for the District of New Jersey, Spring and Summer 1979 Kean College of New Jersey, B.A., Magna cum laude

Bartkus, Mary

Mary E. Bartkus served as Executive Director and Senior Counsel, International Litigation for Merck & Co., Inc. She has represented Merck in matters before government agencies, courts and other tribunals throughout the world in product liability, antitrust, and other complex matters including international arbitration, class, representative, group and cross-border litigation. She also served as Merck’s lead counsel on pharmaceutical in-licensing transactions and on joint venture and licensing relationships; and as lead in-house counsel on an international multi-jurisdictional joint venture transaction and on the defense and implementation of a pharmaceutical inventory management system in the European Union. Mary is a Master of the Bench of the John C. Lifland American Inn of Court, an Inn focused on intellectual property and federal practice, served as a Director of the Inn from 2019-2023, and is a member of the Inn’s Executive Board. She also is a member of the panel of arbitrators of the International Centre for Dispute Resolution, the international division of the American Arbitration Association, and a member of the AAA-ICDR’s Life Sciences and Commercial Panels. Before joining Merck in 1995, Mary was in private practice, concentrating on intellectual property, unfair competition, business tort, and other complex litigation in the federal courts. View Mary’s CV.

Highlighted Publications and Presentations

  • Collective Litigation in Europe: Law and Practice (Mary E. Bartkus, Magdalena Tulibacka, István Varga & Stefaan Voet eds., 2025)
  • Can Aggregation Increase the Complexity of Cases and Introduce Additional Cost and Delay Associated with Individual Issue Resolution?” Panel Presentation, Aggregate Litigation Conference, Stellenbosch University, South Africa, June 2025
  • Best Practices in Drafting ADR Clauses in IP Contracts, Panelist, New York Intellectual Property Law Association (NYIPLA) One-Day Patent CLE Seminar, November 7, 2024
  • Bartkus, Mary E., Lecture, International Business Transactions: Dispute Avoidance and Resolution, Emory University School of Law, for International Business Transactions, annually from April 2022 through April 2025
  • Unlocking the Power of Dispute Resolution in Life Sciences, Panelist, AAA-ICDR Life Sciences Conference, New York, December 7, 2023
  • Bartkus, Mary E., Do Collective Redress Mechanisms Deliver Justice? in Delivering Justice: A Holistic and Multidisciplinary Approach, Liber Amicorum in Honour of Christopher Hodges (Hart Publishing 2022)
  • The EU Collective Redress Directive, MedTech Conference, Boston, Panelist, October 25, 2022.
  • Women in Leadership, Wilmer Eye Institute, The Johns Hopkins University School of Medicine, Program Panelist, February 17, 2022
  • Arbitrating Domestic and International Life Science Disputes, AAA-ICDR Webinar for CCBJ, Program Speaker, December 6, 2021
  • Bartkus, Mary E., Lecture, Multijurisdictional Litigation in the European Union, Emory University School of Law, August 23, 2021
  • Quo Vadis Civil Justice? Filling the Gaps in Civil Justice in the U.S. and Europe, Rethinking and Redesigning Civil Justice Systems – What Works and Why? Emory University School of Law and The University of Oxford’s Centre for Socio-legal Studies Swiss Re Programme for Civil Justice Systems, Program Panelist, May 28, 2021
  • Bartkus, Mary E., Lecture, Multijurisdictional Litigation in the European Union, Emory University School of Law, for EU Law II: Global Impact of EU Law, April 8, 2021
  • Bartkus, Mary E., Practitioner’s Perspective, Tilburg University Faculty of Law, for Global Law Program Final Essay Seminar, Winter 2021
  • Bartkus, Mary E., Dispute Resolution Provisions in Life Sciences Agreements, 75:2 Disp. Resol. J. 1 (Nov. 2020), Available at: https://ssrn.com/abstract=3695... 
  • Life Science Arbitration Clauses, Drafting Trends and Options, AAA-ICDR Program Speaker, September 23, 2020
  • Bartkus, Mary E., Lecture, Multijurisdictional Litigation in the European Union, Emory University School of Law, EU Law Seminar, August 26, 2020
  • Bartkus, Mary E., US Pandemic Litigation, Presentation to the European Justice Forum at its Annual Members Meeting, June 10, 2020 
  • Bartkus, Mary. E., Evolving Roles and Responsibilities of Multinational Businesses, Workshop Presentation, March 3, 2020, The International Order Under Scrutiny: Lecture and Workshop, Foundation for Law, Justice and Society, Wolfson College, University of Oxford, March 2-3, 2020
  • Bartkus, Mary E., Do International Bellwethers Exist? Presentation for IADC 2020 Midyear Meeting Program, February 26, 2020
  • Bartkus, Mary E., Lecture on Multijurisdictional Product Litigation in the European Union, Emory University School of Law, for EU Law II: the Global Impact of EU Law, February 13, 2020
  • Bartkus, Mary E., Defending International Multijurisdictional Class Litigation, Presentation to the IADC International Committee, January 29, 2020
  • Bartkus, Mary E., Nine Lectures on the History of the Global Vioxx Litigation, Eötvös Loránd University Faculty of Law, Budapest, Fall Semester 2019
  • New York Arbitration Week, AAA-ICDR International Arbitration Program Speaker, The In-House Counsel’s Roundtable – International Arbitration, November 21, 2019
  • Bartkus, Mary E., Lectures on the History of the Global Vioxx Litigation, Eötvös Loránd University Faculty of Law, Budapest, Fall Semester 2019
  • New York Arbitration Week, AAA-ICDR International Arbitration Program Speaker, The In-House Counsel’s Roundtable – International Arbitration, November 2019
  • Bartkus, Mary E., Policy Brief, The Social Cost of Pharmaceutical Mass Tort Litigation (July 5, 2019), The Foundation for Law, Justice and Society, at Wolfson College, University of Oxford
  • Bartkus, Mary E., The Cost to Society of Pharmaceutical Mass Tort Litigation, lecture for the Foundation for Law, Justice and Society at Wolfson College, University of Oxford, on June 11, 2019. Available at SSRN: https://ssrn.com/abstract=3402...
  • Arbitrating Domestic and International Life Sciences Disputes, Moderator, Fireside Chat: The In-House Perspective on Arbitrating Life Sciences Disputes, May 1, 2019, Philadelphia PA.
  • The New Hungarian Arbitration Act from the Perspective of a US International Dispute Resolution Practitioner, paper presented at Hungary’s New Arbitration Law in an International Context, ELTE Law, Eötvös Loránd University, Budapest, January 2019
  • Six Class Action Lawsuits for 16 Microliters, Bartkus, Mary E. and Jampel, Henry D., Ophthalmology Glaucoma, Issue 2, pp. 85-87 (September – October 2018), available at https://doi.org/10.1016/j.ogla.2018.05.006
  • Bartkus, Mary E., Six Class Actions for 16 Microliters: Eye Drop Litigation Reopens in New Jersey, Is Dismissed in Massachusetts, and Is on Appeal to the First Circuit. Hedging and Forum Shopping. A Media Rush to Judgment. (February 13, 2018). Available at SSRN: https://ssrn.com/abstract=3123337
  • Injunctions, in “New Jersey Federal Civil Procedure,” and annual supplements, New Jersey Law Journal Books, 1999 – 2014
  • Globalization of Class Actions with Products at the Forefront, International Association of Defense Counsel Mid-Year Meeting, Program Speaker, February 2012
  • Competition Policy in the Pharmaceutical Sector, Article 82 EC: Can It Be Applied To Control Sales by Pharmaceutical Manufacturers to Wholesalers?, with Lawyers Working Group, published by European Federation of Pharmaceutical Industries and Associations, November 2004

Highlighted Activities, Recognitions, and Appointments

  • Master of the Bench and Executive Committee Member, The John C. Lifland American Inn of Court. Former Co-Director of the Inn (2019-2023)
  • Board of Governors, Wilmer Eye Institute, The Johns Hopkins University School of Medicine, an advisory board of the Institute
  • Advisory Board, Center for International and Comparative Law at Emory University School of Law
  • European Justice Forum Legal Network. Former Board Member Representative (2005-2017)
  • AAA-ICDR Life Sciences Advisory Council
  • International Bar Association
  • International Arbitration Club of New York

Lectures, Seminars and Workshops

  • International Arbitration, Columbia Law School – Chartered Institute of Arbitrators Comprehensive Course, New York, New York, June 2018
  • Global Voices in International Arbitration: A Dialogue Among Multiple Stakeholders, Harvard International Arbitration Conference Participant, Cambridge MA, March 2018
  • Empirical Evidence on Collective Redress in Europe, Conference hosted by the Centre for Socio-Legal Studies, University of Oxford and the Katholic University of Leuven, Conference Delegate, University of Oxford, December 2016
  • Rethinking States, Nations & Constitutions in the 21st Century, Centre for Socio-Legal Studies, University of Oxford, Seminar Participant, Oxford, July 2015
  • The Nation State and the International Order: Constitutions, Revolutions, Security and Global Sources of Law, Centre for Socio-Legal Studies, University of Oxford, Seminar Participant, Oxford, July 2013
  • Globalization of Class Actions with Products at the Forefront, International Association of Defense Counsel Mid-Year Meeting, Program Speaker, February 2012
  • International Conference on Litigation Costs and Funding, Centre for Socio-Legal Studies & Institute of European and Comparative Law, University of Oxford, Conference Delegate, Oxford, July 2009
  • Competition Policy in the Pharmaceutical Sector, Article 82 EC: Can It Be Applied To Control Sales by Pharmaceutical Manufacturers to Wholesalers?, Product Market Definition, Conférence Bleue, European Lawyers’ Conference on Pharmaceutical and Health Care Affairs, Presenter for EFPIA Lawyers’ Group, Brussels, October 2004
  • Antitrust and Intellectual Property – Duties to License, Parallel Imports, and the Question of Differential Treatment for Developing Countries, International Competition Policy Conference, New York University Law School and Columbia University School of International and Public Affairs, Workshop Participant, New York, October 2004
  • OECD Global Forum on Competition, Business and Industry Advisory Committee (BIAC) member of delegation, Paris, February 2002
  • OECD Competition Committee Policy Roundtable on Competition in the Pharmaceutical Industry, Business and Industry Advisory Committee (BIAC) member of delegation, Paris, June 2000

Court Admissions

  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the District of New Jersey

News & Insights For Mary E. Bartkus

View All News & Insights

New York Law Journal Highlights the Successes and Strength of Hughes Hubbard’s Litigation Department

Following Hughes Hubbard’s recognition as a finalist for Litigation Department of the Year (General), the New York Law Journal published a spotlight on the firm’s litigation department and its recent successes.

In SSRN: Dispute Resolution Provisions in Life Sciences Agreements

October 19, 2020 — Mary Bartkus authored a paper published in the Social Science Research Network entitled “Dispute Resolution Provisions in Life Sciences Agreements.” The paper surveys the dispute resolution provisions of 15 life sciences research and development collaboration and license agreements during the first...

Mary E. Bartkus Appointed to ICDR Panel of Arbitrators

January 2020 - The International Centre for Dispute Resolution® (ICDR®), the international division of the American Arbitration Association® (AAA®), has appointed Hughes Hubbard & Reed partner James H. Boykin and Special Counsel Mary E. Bartkus to its Panel of Arbitrators.According to the AAA-ICDR, the ICDR...

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