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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 experience prosecuting a wide variety of insurance claims, including products liability, directors and officers, errors and omissions, employment practices liability, and political risk claims, and has helped clients reach favorable resolutions securing coverage for their losses and liabilities, ranging upward of $100 million.

  • Successfully represented medical device company in obtaining coverage for products-liability claims.
  • Advising major healthcare services and products company on coverage for products-liability claims.
  • Representing major pharmaceutical company in multiple arbitrations regarding coverage for securities claims under directors and officers liability policies.
  • Representing financial services company in seeking coverage for class actions under errors and omissions policies.
  • Represented BP in connection with insurance coverage disputes arising from the Deepwater Horizon accident and resulting oil spill in the Gulf of Mexico.
  • Represented Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
  • Advising a major energy company in connection with insurance coverage proceedings regarding environmental liabilities.
  • Advising a mining equipment manufacturer in handling its legacy asbestos products liability insurance coverage.
  • Representing defense contractor in connection with political risk insurance claim and associated litigation.
  • Successfully advised construction company in pursuing potential malpractice claim against its insurance broker.
  • Successfully represented a leading financial institution in multidistrict antitrust litigation involving metals warehousing, resulting in dismissal of action by district court.

Pro Bono

  • Represented individual policyholders in a jury trial on their homeowners’ insurance coverage claim.
  • 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 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 two children as guardian ad litem in a trial to determine custody.
  • Burton Award for Legal Achievement (2010)