David Herrold is an experienced trial lawyer focused on commercial
litigation, director/officer liability, bankruptcy and
bankruptcy-related matters. He has successfully prosecuted and defended
matters in state, federal and administrative tribunals for local,
national and international clients.
David is sensitive to the needs of individuals, businesses and general
counsel for work efficiency and cost-effective case management. His
proven approach combines delivery of exceptional work product with
time-saving efforts designed for the particular matter – aligning our
work with our client’s goal of the best return at lower cost. The value
he provides is reflected in his many successes in prosecution or
defense of litigation, commercial negotiation or litigation planning.
Representative Experience
- Represented rural telephone companies in defense against bankruptcy
trustee's multi-milllion dollar fraudulent transfer and aiding and
abetting breach of fiduciary duty claims
-
Represented state bank against out-of-state bank based upon exchange
of documentary drafts and cashier’s check under Arts. 3-4 of the Uniform
Commercial Code
- Represented a lender in pursuit of civil RICO claims stemming from
acts taken to wrongfully negotiate an instrument rendering the lender
liable to the payor
- Represented an international oil and gas company against multi-million
dollar lien and trust claims raised by operator against downstream
purchasers after first purchaser filed bankruptcy; successfully obtained
orders transferring all litigation to Delaware bankruptcy court
- Represented a landlord in defense of toxic mold and mold damage claims
and obtained nondischargeability judgment in judgment debtor's
bankruptcy
- Represented a physician against former practice for breaches of
fiduciary duty, defamation, contract, negligence and fraud allegedly
stemming from physician’s departure from the practice
- Represented a corporation in pursuit of bank conversion action based upon fraudulent activities of corporate employee
- Represented a state bank as receiver in federal receivership action in
liquidation of multi-million dollar worth of collateral pledged to bank
- On behalf of a lender, prosecuted a federal boat mortgage collection
action under admiralty and maritime laws and vessel operator in
garnishment proceeding under admiralty and maritime laws
- Represented an international turnaround firm against chapter 7 trustee’s
breach of fiduciary duty and fraud claims based upon services performed
under prepetition engagement
- Represented a corporate landowner against mortgage foreclosure and
federal forfeiture claims based upon former shareholder’s criminal
activities
- On behalf of a local builder and his owner, obtained reversal of trial
court’s denial finding that the client’s right to arbitration of dispute
had been waived
- Represented bank in defense of Equal Credit Opportunity Act counterclaim
- Obtained reversal of $2MM+ aggregate verdict and judgment based upon fraud for individual and corporate judgment debtors
- Reorganized a restaurant chain through the administration of 13 separate chapter 11 cases
- Defended legal malpractice judgment totaling over $3.75MM from postjudgment attacks and on appeal