A first-chair litigator and trial lawyer, Tony Herman has tried to verdict more than 20 cases, jury and non-jury, in federal and state courts and before arbitration panels throughout the US. His broad ranging general litigation, arbitration and trial practice includes intellectual property and technology litigation, employment litigation, FDA litigation, and general commercial litigation involving contracts, license agreements, and business torts. He has been in charge of large, complex litigation matters for companies such as National Geographic, Thomson Reuters, Gannett, Norfolk Southern, Sanofi, Pfizer, Johnson & Johnson, Merck, Schering-Plough, Novartis Vaccines, Astellas, and Wyeth. He also has advised public officials and high profile individuals and negotiated labor and employment agreements. Mr. Herman rejoins the firm after serving as General Counsel at the Federal Election Commission where he was responsible for managing some 100 lawyers in the Office of General Counsel’s four divisions. He had overall responsibility for all of the agency’s enforcement, litigation, and advisory opinion matters.
- Won complete defense verdict for Salix Pharmaceuticals following two-week jury trial in lawsuit brought by collaboration partner Napo Pharmaceuticals relating to Fulyzaq (crofelemer), a first-in-class gastrointestinal drug. Napo had sought over $260 million in damages and the right to terminate the parties’ license agreement. As a result of Covington’s efforts on summary judgment and at trial, Napo recovered nothing. See Law360 article "Salix Wins Jury Verdict In Breach Suit Over Napo Drug" (2/25/2014).
- Successfully represented American Bankers Association in challenge to Volker Rule provision of Dodd-Frank Act brought in federal district court and D.C. Circuit.
- Obtained dismissal of lawsuit filed by PETA in proxy dispute for Merck.
- Represented major consumer goods company in multi-week arbitration involving the application of GAAP and the interpretation of a tax sharing agreement in a dispute relating to a spin-off.
- Obtained successful outcome in multi-week jury trial in Maryland state court in real estate partnership lawsuit.
- Obtained favorable settlement for Northrop Grumman following four-week trade secrets jury trial in Maryland state court where plaintiff sought more than $100 million in damages.
- Won trial in D.C. Superior Court defeating effort to enjoin large construction project and obtain environmental damages.
- Represented Cordish Cos. in Maryland state court in effort to enjoin ballot referendum on the development of casino.
- Achieved complete defense victory for GPC Biotech in IDCR arbitration in licensing dispute where licensor sought termination of license agreement and tens of millions of dollars in damages.
- Federal Election Commission, General Counsel (2011-2013)
- Florida State University College of Law, Assistant Professor of Law (1987-1989)
Honors and Rankings
- Washington DC Super Lawyers, Litigation (2014)
- Legal Times, “Champion” (2010)
- Legal Aid Society of DC, Servant of Justice Award (2009)
- Washington Business Journal, Top Washington Lawyer - Pro Bono (2009)
- Legal 500 US
- Who's Who in American Politics
- Who’s Who in American Law
- Who's Who in America
- Who's Who in the World
Memberships and Affiliations
- Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Board of Trustees (2004-)
- The Children’s Law Center, Board Chair (2009-)
- DC Circuit Standing Committee on Pro Bono (2010-)
Publications and Speeches
- Mr. Herman was quoted in The Washington Post article “Fundraising Expansion Slipped into Spending Deal Could Power Financial Bonzana for Parties” (12/10/2014).
- Mr. Herman was quoted in The Boston Globe article "Charlie Baker, please quit your job at General Catalyst" (5/27/2014).
- Mr. Herman was quoted in the Law360 article "Salix Wins Jury Verdict In Breach Suit Over Napo Drug” (2/25/2014).
- Mr. Herman was quoted in the Bloomberg BNA Money & Politics Report article "Former FEC General Counsel Herman Says Ideological 'Chasm' Lingers at Commission" (2/7/2014).
- Mr. Herman was quoted in The Litigation Daily article "Covington Takes On Volcker Rule for Bankers" (12/26/2013).
- Mr. Herman was quoted in The Atlantic article "How Washington Starves its Election Watchdog" (12/17/2013).