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Mark D. Herman

Partner

Washington +1 202 662 5758

  • About
  • Representative Matters
  • Credentials
  • About

    Mark Herman advises policyholders on insurance coverage and represents clients in insurance coverage litigation and arbitration against their insurers.

    Mark has helped clients recover hundreds of millions of dollars for a wide variety of insurance claims, including:

    • products liability and mass torts;
    • directors and officers liability (D&O);
    • errors and omissions (E&O) and professional liability;
    • property and business interruption;
    • cyber;
    • aviation;
    • trade credit; and
    • political risk.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Representing Merck in litigation for property and business interruption coverage for losses arising out of NotPetya malware.
    • Representing an infrastructure equipment and technologies supplier in asbestos-related coverage litigation.
    • Represented Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
    • Represented BP in connection with insurance coverage disputes arising from the Deepwater Horizon accident and resulting oil spill in the Gulf of Mexico.
    • Represented financial services company in coverage litigation under E&O policies.
    • Represented major pharmaceutical company in arbitrations regarding coverage for securities claims under D&O policies.
    • Represented defense contractor in litigation regarding political risk insurance claim.

    • Advise companies in recovering insurance proceeds for mass tort litigation related to medical devices.
    • Advise companies and executives in recovering insurance proceeds under D&O policies for securities litigation and government enforcement actions.
    • Advise financial services company in recovering insurance proceeds for federal regulatory and state attorney general enforcement actions under E&O policies.
    • Advised telecommunications company in recovering insurance for hurricane-related property damage and business interruption.
    • Advised aerospace manufacturer in recovering insurance under aviation policies.
    • Advised energy and commodities company in recovering insurance under trade credit policy.
    • Advised private equity firm in recovering insurance under political risk policy.
    • Advised mining equipment manufacturer in recovering insurance proceeds for asbestos-related liabilities.

    Areas of Expertise

  • Credentials
    Education
    • Georgetown University Law Center, J.D., 2009
        • magna cum laude
        • Order of the Coif
        • Georgetown Law Journal, Articles Editor
        • George Brent Mickum III Prize
    • Dartmouth College, A.B., 2006
        • magna cum laude
        • Phi Beta Kappa
        • Rufus Choate Scholar
        • The Dartmouth, Managing Editor
    Bar Admissions
    • District of Columbia
    • New York
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court, District of Columbia
    • U.S. District Court, Eastern District of Wisconsin
    Judicial Clerkship
    • Hon. Reena Raggi, U.S. Court of Appeals, Second Circuit, 2009 - 2010
    Pro Bono
    • Court-appointed counsel of record in appeal before the United States Court of Appeals for the Ninth Circuit.
    • Court-appointed counsel of record in appeal before the United States Court of Appeals for the Third Circuit.
    • 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); the United States Supreme Court favorably cited the merits brief in invalidating the fine imposed on the defendant.
    • Represented disabled individual in federal civil rights litigation leading to favorable settlement and accommodations for disabled individuals.
    • Successfully obtained compensation from a state government for two individuals who had been wrongfully convicted and imprisoned.
    • Represented individual policyholders in a jury trial on their homeowners’ insurance coverage claim.  
    Accolades

    Areas of Expertise

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