David H. Herrold

David Herrold is an experienced trial lawyer focused on commercial litigation, director/officer liability, bankruptcy and bankruptcy-related matters. He has successfully prosecuted and defended matters in state, federal and administrative tribunals for local, national and international clients.

David is sensitive to the needs of individuals, businesses and general counsel for work efficiency and cost-effective case management. His proven approach combines delivery of exceptional work product with time-saving efforts designed for the particular matter – aligning our work with our client’s goal of the best return at lower cost. The value he provides is reflected in his many successes in prosecution or defense of litigation, commercial negotiation or litigation planning.

Representative Experience

• Represented rural telephone companies in defense against bankruptcy trustee's multi-milllion dollar fraudulent transfer and aiding and abetting breach of fiduciary duty claims
• Represented state bank against out-of-state bank based upon exchange of documentary drafts and cashier’s check under Arts. 3-4 of the Uniform Commercial Code
• Represented a lender in pursuit of civil RICO claims stemming from acts taken to wrongfully negotiate an instrument rendering the lender liable to the payor
• Represented an international oil and gas company against multi-million dollar lien and trust claims raised by operator against downstream purchasers after first purchaser filed bankruptcy; successfully obtained orders transferring all litigation to Delaware bankruptcy court
• Represented a landlord in defense of toxic mold and mold damage claims and obtained nondischargeability judgment in judgment debtor's bankruptcy
• Represented a physician against former practice for breaches of fiduciary duty, defamation, contract, negligence and fraud allegedly stemming from physician’s departure from the practice
• Represented a corporation in pursuit of bank conversion action based upon fraudulent activities of corporate employee
• Represented a state bank as receiver in federal receivership action in liquidation of multi-million dollar worth of collateral pledged to bank
• On behalf of a lender, prosecuted a federal boat mortgage collection action under admiralty and maritime laws and vessel operator in garnishment proceeding under admiralty and maritime laws
• Represented an international turnaround firm against chapter 7 trustee’s breach of fiduciary duty and fraud claims based upon services performed under prepetition engagement
• Represented a corporate landowner against mortgage foreclosure and federal forfeiture claims based upon former shareholder’s criminal activities
• On behalf of a local builder and his owner, obtained reversal of trial court’s denial finding that the client’s right to arbitration of dispute had been waived
• Represented bank in defense of Equal Credit Opportunity Act counterclaim
• Obtained reversal of $2MM+ aggregate verdict and judgment based upon fraud for individual and corporate judgment debtors
• Reorganized a restaurant chain through the administration of 13 separate chapter 11 cases
• Defended legal malpractice judgment totaling over $3.75MM from postjudgment attacks and on appeal