Mark D. Herman

Mark Herman’s practice focuses on insurance coverage litigation and white collar defense and internal investigations.  Mr. Herman also regularly advises clients regarding the derivatives title of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Commodity Exchange Act, and Commodity Futures Trading Commission regulations.

Representative Matters

Insurance Coverage

• Represents a major energy company in connection with seven insurance coverage lawsuits arising from an oil spill, including in obtaining a favorable ruling from the United States Court of Appeals for the Fifth Circuit.
• Advises a major energy company regarding liability insurance coverage for property damage.
• Advises a major company regarding liability insurance coverage for asbestos personal injury claims.

• Represented a Fortune 50 global company in a criminal export controls enforcement action by the Justice Department and a related review of the company’s present responsibility by military departments.
• Represented the evaluation committee of the board of directors of a major company in investigation concerning shareholder demand letters and related derivative litigation.

• Advised a bank on compliance with new regulations concerning foreign exchange transactions.
• Advised companies and trade associations regarding regulations proposed by the CFTC, SEC, and banking regulators, and assisted in drafting and submitting comments on proposed regulations.
• Represented companies in CFTC investigations concerning energy and foreign exchange trading.

Honors and Rankings

• Burton Award for Legal Achievement (2010)

Pro Bono

• Co-authored amicus briefs in support of petition for certiorari and on the merits in Southern Union Co. v. United States, No. 11-94 (2012), regarding whether Apprendi applies to criminal fines; the Supreme Court favorably cited the merits brief in invalidating the fine.
• Successfully obtained $330,000 in compensation, and $180,000 in supplemental compensation, from a state government for two individuals who were wrongfully convicted and imprisoned.
• Represented two children as guardian ad litem in a trial to determine custody.
• Represents a disabled individual in federal civil rights litigation.

Publications and Speeches

• "CFTC and SEC Jointly Adopt Final Swap Entity Definition Rules," Journal of Investment Compliance (11/3/2012), Co-Author
• "The Bribery Act and U.S. Foreign Corrupt Practices Act: Traps for the Unwary in Corporate Transactions," Bloomberg BNA Securities Regulation & Law Report (7/30/2012), Co-Author
• "CFTC and SEC Jointly Adopt Final Swap Entity Definition Rules," Covington Advisory (5/7/2012), Co-Author