Richard Merrill Ends More Than 5 Years’ Service as FDAAA General Counsel; Board Selects Erika Lietzan as Replacement

Erika Lietzan, a partner in the food and drug group of the Washington, D.C., law firm Covington & Burling, is the new FDAAA general counsel, replacing Richard Merrill, who retired at the end of September. The FDAAA board of directors voted unanimously to approve Ms. Lietzan’s selection at its Oct. 18 meeting.

Ms. Lietzan focuses on FDA regulation of prescription and OTC drugs, biologics, and medical devices. She has also advised clients in the food, dietary supplement, and cosmetic industries. Her work includes advocacy at FDA, advisory work and strategic advice relating to FDA matters, and assistance with related legislative strategies on the Hill and related legislative and litigation strategies in the states.

She is an active member of the Food & Drug Law Institute, serving on the editorial advisory board for its Journal, and she was recently elected a member of the American Law Institute. She also chairs the American Bar Association's committee on Biotechnology Law, and she is a frequent speaker and writer on FDA issues.

Dick Merrill served as FDAAA’s chief counsel since May 2002. He served as FDA's chief counsel from 1975 to1977, during which time he was instrumental in the drafting and enactment of the 1976 Medical Device Amendments. In 1977, he returned to the University of Virginia Law School, where he had been teaching since 1969. From 1980 to1988, Merrill was dean of the Law School. In 1991, he joined Covington & Burling. He retired from the university in May and from Covington & Burling in September.

Merrill is a member of the National Academy of Sciences Institute of Medicine, for which he has chaired or co-chaired many study committees (including two commissioned by FDA). He currently serves as co-chair with former FDA Commissioner Donald Kennedy, Ph.D., on the academy's new program of Science, Technology and Law.

"FDAAA has been so fortunate to have had the guidance of Dick Merrill as General Counsel in these early years of the Association,” said FDAAA Chair Elizabeth Krell, Ph.D. “We appreciate his service immensely. FDAAA's good fortune seems to be holding, with Erika Lietzan agreeing to serve as our next General Counsel. On behalf of the entire board I would like to welcome Erika. We are looking forward to working with her."

"Dick Merrill has provided the Alumni Association with sound legal advice during its formative years and through its growth,” said FDAAA President Tony Celeste. “We will miss Dick and wish him all the best. At the same time, we are fortunate that he will leave the association in the capable hands of Erika Lietzan and that we will continue our relationship with Covington and Burling."

Merrill praised Lietzan at the Oct. 18 board meeting, telling the FDAAA directors, “Erika is a splendid lawyer; you’ll be well served.”

“I am truly honored to have been selected as the general counsel,” Ms. Lietzan said, “and I look forward to working with the association.

Lietzan will serve the rest of Merrill’s current one-year term, which ends in March. At that time, she will stand for re-election at the association’s annual meeting.