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David H. Herrold

ATTORNEY AT LAW

  • Partner

Contact Me:

Practice Areas:

  • Business Formation and Organization
  • Commercial and Civil Litigation
  • Corporate Compliance and Governance
  • General Counsel
  • Energy Litigation
  • Environmental Litigation
  • Insurance Coverage, Claims Representation and Risk Management Counseling
  • Product Liability Litigation
  • Real Estate
  • Workouts

Biography

Born in Texas, raised in Oklahoma, and educated in both states, David is licensed to practice and actively represents clients in Texas and Oklahoma.

He has developed a diverse practice mix representing clients in complex commercial and civil litigation matters as well as providing legal business advice and representation to corporate clients on corporate governance and compliance issues and business contracts and transactions as outside or general counsel.

Most of David's practice is concentrated in complex commercial and civil litigation in a number of industries nationwide and before state and federal courts, administrative tribunals and in arbitration. He is frequently retained in "bet-the-company," high-stakes litigation, as well as banking/lender liability and consumer credit litigation, creditors' rights and commercial restructuring or workouts, E&O and D&O insured defense, and products liability insurance defense and risk management and assessment.

In the business world, David provides real-time, ongoing advice to businesses and their executive teams about organizational/structural issues, management and compliance matters, business transactions, and general business counsel on all types of matters that may come before the board, the C-suite and executive teams.

David has practiced law for over 26 years, has been in the legal industry for 30, and has managed small, medium and large law firms for 15 years. He continues his robust representation of clients in both Texas and Oklahoma from his Dallas post.

Education

  • University of Tulsa College of Law, Tulsa, Oklahoma
    • J.D.
  • The University of Texas, Austin, Texas
    • B.A.
    • Major: Liberal Arts (Spanish Language)

Bar Admission

  • Oklahoma
  • Texas
  • U.S. Supreme Court
  • U.S. Court of Appeals 10th Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Western District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Eastern District of Oklahoma
  • U.S. District Court Northern District of Oklahoma
  • U.S. District Court Western District of Oklahoma
  • U.S. Bankruptcy Court Eastern District of Oklahoma
  • U.S. Bankruptcy Court Northern District of Oklahoma
  • U.S. Bankruptcy Court Western District of Oklahoma

Published Works

  • Note, "A New Emerging Word Order,", 2 Tulsa J. Comp. & Intl. L., Vol. 2, P.143 (1994)
  • Asbestos (Chapter) Environmental Handbook, (Crowe & Dunlevy, Eds. 1997)
  • Automatic Stays for the Non-Debtor, Bankruptcy Litigation Newsletter (ABA Bankruptcy and Insolvency Committee), Vol. 12, No. 2 (2005)
  • Bounds of the Attorney-Client Privilege for In-House Lawyers, Headnotes vol. 47 (No. 2) 21 (Dallas Bar Assn, Feb. 2022)

Representative Cases

  • SEC v. Olins, 541 Fed.Appx. 48 (2d Cir.2013) [Receivership], Banking and Lender Liability Litigation
  • Black Diamond Energy Partners 2001-A Ltd. v. S&T Bank, 2010 WL 11562074 (D.Wyo.) [Lender in Control], Banking and Lender Liability Litigation
  • State Bank, N.A. vs. First State Bank of Texas, 39 UCC.Rep.Serv.2d 179 (N.D.Okla.1999), aff'd, 242 F.3d 390, 2000 (10th Cir. 2000) [UCC Arts. 3, 4], Banking and Lender Liability Litigation
  • State Bank, N.A. vs. First State Bank of Texas, 39 UCC.Rep.Serv.2d 191 (N.D.Okla.1999), aff'd in part, rev'd in part, 242 F.3d 390 (10th Cir. 2000) [UCC Arts. 3, 4], Banking and Lender Liability Litigation
  • State Bank, N.A. vs. First State Bank of Texas, 39 UCC.Rep.Serv.2d 170 (N.D.Okla.1998) [UCC Arts. 3, 4], Banking and Lender Liability Litigation
  • Western Star Finance, Inc.,7 P.3d 502 (Okla.Civ.App.2000) [Equal Credit Opportunity Act], Banking and Lender Liability Litigation
  • McLean v. Capital One Auto Finance, 2022 WL 2763158 (W.D.Tex.) [Fair Credit Reporting Act, Consumer Credit / Lender Liability Defense
  • McLean v. Capital One Auto Finance, 2022 WL 3349502 (W.D.Tex.) [Fair Credit Reporting Act], Consumer Credit / Lender Liability Defense
  • Dyer v. Capital One Nat’l Ass’n, 2021 WL 3813367 (S.D.Tex.) [Texas Debt Collection Act, Texas Deceptive Trade Practices Act], Consumer Credit / Lender Liability Defense
  • McKeller v. Capital One, N.A., 2021 WL 3619933 (N.D.Tex.) [Fair Credit Reporting Act], Consumer Credit / Lender Liability Defense
  • McKeller v. Capital One, N.A., 2021 WL 3625078 (N.D.Tex.) [Fair Credit Reporting Act], Consumer Credit / Lender Liability Defense
  • Clark v. LaVenture, 2020 WL 9460184 (5th Cir.) [Fair Credit Reporting Act], Consumer Credit / Lender Liability Defense
  • Willco Enterprises, LLC vs. Woodruff, 231 P.3d 767 (Okla.Civ.App.2010) [Arbitration waiver] , Consumer Credit / Lender Liability Defense
  • Bank of Oklahoma, N.A., vs. Red Arrow Marina Sales & Service, Inc.,224 P.3d 685 (Okla.2009) [Foreclosure deficiency], Consumer Credit / Lender Liability Defense
  • Boyles v. Visteon Corp., 2007 WL 1723491 (N.D.Okla.), Employment Litigation
  • Bourke v. Western Business Products, Inc.,120 P.3d 876 (Okla.Civ.App.2005) [Implied employment provision], Employment Litigation
  • Miller v. Board of County Comm’rs, County of Rogers,46 F.Supp.2d 1210 (N.D.Okla.1999) [Section 1983], Employment Litigation
  • Lonestar Geophysical Surveys, LLC v. TAQA North Ltd, 2012 WL 12861139 (W.D.Okla.), Energy Litigation
  • New Dominion, LLC vs. BP Oil Sup. Co. (In re SemCrude, L.P.), 2012 WL 694505) [UCC Art. 9], Energy Litigation
  • In re Semcrude, L.P., 442 B.R. 258 (Bankr.D.Del.2010) [UCC Art. 9], Energy Litigation
  • Hope Partners, Inc. v. BP Oil Sup. Co., 2009 WL 10728316 (N.D.Okla.), Energy Litigation
  • University of Tulsa v. Johnson Matthey Inc., 2016 WL 10567162 (N.D.Okla.), Toxic Tort Litigation
  • Malloy v. Alvarez & Marsal, Inc. (In re 4 Front Petroleum, Inc./In re Git-N-Go, Inc.), 345 B.R. 744 (Bankr.N.D.Okla.) [Control person D&O liability], Fiduciary Litigation
  • Hettick v. Brown, 2013 WL 6048812 (N.D.Okla.), Insurance Litigation
  • In re M.J.,8 P.3d 936 (Okla.Civ.App.2000) , Juvenile Deprived/Neglected Cases
  • Telco Sup. Co. v. Remee Prods. Corp., 2014 WL 4826648 (E.D.Okla.) [UCC Art. 2], Manufacturer Liability

Honors

  • AV Preeminent Martindale-Hubbell Peer Review Rating, 2006 to Present
  • Super Lawyers, Oklahoma
  • Super Lawyers (Rising Stars), Oklahoma, 2009
  • Best Lawyers, Oklahoma, 2013-2021
  • Best Lawyers, 2017-2021
  • American Jurisprudence Award, Contracts I (Tulsa University 1992)

Professional Associations

  • State Bar of Texas, Member
  • State Bar of Texas, Member, Corporate Counsel Section
  • State Bar of Texas, Member Planning Cmte, 2023 In-House Counsel Seminar
  • Texas Bar Foundation, Member
  • Oklahoma Bar Association, Member
  • Dallas Bar Association, Member
  • American Bar Association, Member
  • American Bar Association, Litigation Section, Member
  • American Bar Association, Law Practice Mgmt Section, Member
  • American Bar Association, Law Practice Management Section, Lawyer, Leadership & Management Committees, 2017-19, Board MemberClaims and Litigation Management Alliance, Member
  • OBA Bankruptcy Section, 1997-98, 2003, Past Member
  • OBA Civil Procedure Section, 2002, 2006 - 2009, Past Vice-Chair/Member
  • OBA Litigation Section, 2001, Past Member
  • American Inns of Court, N.D. Okla. Hudson-Hall-Wheaton Chapter, 1999 - 2010, Past Barrister
  • Tulsa County Bar Association, Past Member, 1996 to 2020
  • Tulsa County Bar Association, Fee Arbitration Committee, Past Member, 2017 to 2019
  • Tulsa County Bar Association, Court Operations Committee, Past Member, 1997 to 2000