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Mark Herman advises policyholders on insurance coverage and represents clients in complex commercial litigation and arbitration, with a focus on insurance coverage disputes. He has helped clients reach favorable resolutions of a wide variety of insurance claims, including property, business interruption, products liability and mass torts, directors and officers liability (D&O), errors and omissions and professional liability (E&O), cyber, aviation, trade credit, and political risk claims.

  • Represents Merck in coverage litigation for property and business interruption coverage for losses arising out of NotPetya malware.
  • Represents SPX Corporation in asbestos-related coverage litigation.
  • 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.
  • 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.
  • Advise companies in recovering insurance proceeds for mass tort litigation related to medical devices.
  • Advise financial services company in recovering insurance proceeds for class actions under E&O policies.
  • Advise pharmaceutical company in obtaining D&O coverage for securities litigation.
  • Advised telecommunications company in recovering insurance proceeds for hurricane-related property damage and business interruption
  • Advised aerospace manufacturer in recovering insurance proceeds under aviation policies
  • Advised companies in recovering insurance proceeds for government investigations.
  • Advised energy and commodities company in recovering insurance proceeds under trade credit policy.
  • Advised private equity firm in recovering political risk insurance proceeds.
  • Advised mining equipment manufacturer in recovering insurance proceeds for asbestos-related liabilities.

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 against a dental clinic leading to favorable settlement and accommodations for disabled individuals.
  • Successfully obtained compensation from a state government for two individuals who were wrongfully convicted and imprisoned.
  • Represented individual policyholders in a jury trial on their homeowners’ insurance coverage claim.  
  • Burton Award for Legal Achievement (2010)