David H. Herrold

David represents clients in complex commercial and civil litigation across a range of industries, with a particular concentration in banking and lender liability matters, consumer credit litigation, creditors' rights, energy litigation, commercial restructuring and workouts, and E&O and D&O defense. David practices in both Texas and Oklahoma state and federal courts, administrative tribunals, and arbitration proceedings.

In addition to his litigation practice, David serves businesses and their executive teams as outside or general counsel, providing practical, real-time advice on corporate governance and organizational structure, management, fiduciary and compliance matters, business contracts, and transactions. His dual focus — courtroom advocacy and boardroom counsel — allows him to offer clients a uniquely integrated perspective on managing legal risk across the life of a business.

David brings more than three decades of experience in and around the legal industry, including nearly two decades of law firm management at small, medium, and large firms. He is a Texas Bar Foundation Fellow and holds an AV Preeminent® rating from Martindale-Hubbell, the highest peer-review designation available, which he has maintained continuously since 2006.  He is recognized by both Best Lawyers and Super Lawyers as well. Licensed in both Texas and Oklahoma, David is resident in our Dallas office and also spends time in the firm’s Austin office.

Honors & Recognitions

• AV Preeminent® Peer Review Rating, Martindale-Hubbell
• The Best Lawyers in America®
• Super Lawyers, Oklahoma and Texas
• Texas Bar Foundation, Fellow
• American Jurisprudence Award, Contracts I, University of Tulsa College of Law

Community & Professional

• State Bar of Texas, Member
• Corporate Counsel Section
• Planning Committee, 2023 In-House Counsel Seminar
• Oklahoma Bar Association, Member
• Dallas Bar Association, Member
• Austin Bar Association, Member
• Fee Dispute and Lawyer Well-Being Committees
• American Bar Association, Member
• Litigation and Law Practice Management Sections
• Law Practice Management Section — Lawyer, Leadership & Management Committees, Board Member
• Claims and Litigation Management Alliance, Member
• Texas Bar Foundation, Fellow

Complex Commercial & Civil Litigation

David's experience in this area includes:

• Successfully trying a securities fraud lawsuit to judgment for plaintiff investors in state court under the Oklahoma Securities Act.
• Representing defendants in consumer credit and lender liability matters under the Texas Debt Collection Act, the Texas Deceptive Trade Practices Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act in federal courts across Texas and Oklahoma.
• Defending financial institution clients in consumer credit litigation, including auto finance and credit card matters, in Texas and Oklahoma state and federal courts.
• Prosecuting complex construction defect litigation against homebuilder in Oklahoma.
• Representing defendants in Telephone Consumer Protection Act (TCPA) matters in federal court in Oklahoma.
• Representing fiber optic cable manufacturer against UCC Article 2 implied warranty claims stemming from allegedly defective products sold into Oklahoma through a middleman.
• Defending privately-held telco and cooperative entities in Oklahoma and Kansas from D&O-related claims brought by Chapter 11 liquidation trustee stemming from a failed Oklahoma venture.
• Handling E&O and D&O insured defense engagements across multiple industries, from pre-suit risk assessment through trial.

Energy-Related Litigation

David's experience in this area includes:

• Representing storage terminal owner in contract dispute involving multiple-customer, significant UCC Article 7 warehouse liens arising out of crude oil storage agreements in Texas, Oklahoma and New York courts.
• Litigating UCC Article 9 priority and secured creditor disputes in Chapter 11 energy-sector bankruptcy and restructuring proceedings, including matters in the In re SemCrude proceedings.
• Representing international operator in connection with working interest owners’ obligations to contribute toward drilling, operating and plugging costs.
• Defending nationwide gasoline distributor against claims raised in connection with convenience store supply contracts.
• Defending Canadian gas exploration and development company against claims raised against it in Oklahoma federal court.
• Handling energy litigation matters involving geophysical survey contracts, commodity supply agreements, and operator-supplier disputes.
• Defending insurance broker and brokerage firm against insured’s claims stemming from alleged failure to procure appropriate CGL coverage to protect against earthquake litigation stemming from insured’s fracking operations.

Banking, Creditors' Rights & Commercial Restructuring

David's experience in this area includes:

• Representing lenders and creditors in commercial restructuring, workouts, and bankruptcy-related litigation, including non-debtor automatic stay issues and control-person D&O liability claims.
• Defending banks, lenders and financial institutions against lender liability claims, including matters involving foreclosure deficiency, Equal Credit Opportunity, Truth-in-Lending, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and related state-law statutory claims in federal and state courts in Texas and Oklahoma.
• Prosecuting lender-in-control litigation in Wyoming state and federal courts in connection with a lender’s wrongful exercise of control over the business of a defaulting coalbed methane drilling and operating enterprise.
• Defending international turnaround consulting firm and executives from D&O and associated fiduciary liability raised in Oklahoma state and federal bankruptcy litigation stemming from pre-petition work for Chapter 11 convenience and grocery store chain.
• Representing unsecured creditors committee in Oklahoma bankruptcy court for Chapter 11 winch manufacturer, resulting in near 100% payout to unsecured creditors.
• Defending corporate officers against racketeering and related fiduciary claims stemming from associated Chapter 11 corporate restructuring in Texas federal court.
• Successfully representing associated Chapter 11 debtors-in-possession in corporate reorganization in Oklahoma, including plan confirmation and claims administration.
• Handling receivership matters and related banking litigation, including proceedings before federal courts in New York, Oklahoma, and the U.S. Court of Appeals for the Second and Tenth Circuits.

Corporate & Business Counsel

David's experience in this area includes:

• Serving as outside general counsel to businesses and executive leadership teams to provide advice on ongoing governance, compliance, and organizational and restructuring matters.
• Representing and negotiating on behalf of IP and corporate owners in trans-Pacific stock purchase agreement and associated definitive documents.
• Advising boards and C-suite teams on management structure, business transactions, compliance obligations, and risk assessment.
• Negotiating complex joint venture agreement and associated IP licensure, supply and manufacturing agreements between U.S.-based IP owner and Belgian textiles manufacturer.
• Negotiating MOUs, LOIs and associated definitive agreements relating to international manufacturing business.
• Advising and execution of corporate restructuring of parent and subsidiary entities for terrazzo products manufacturing and supply enterprise.
• Counseling corporate clients on the scope and bounds of attorney-client privilege for in-house counsel in connection with CLE seminars and individual client engagements.
• Advising triple-net real estate brokerage firm in connection with state-law compliance within all 50 states.
• Representing clients in commercial contract drafting, review, and dispute resolution across multiple industries.