Working Tirelessly To Provide
Efficient Counsel At The Speed Of Today
Attorney David Herrold

David H. Herrold

ATTORNEY AT LAW

  • Partner

Contact Me:

Practice Areas:

  • Bankruptcy and Business Reorganization
  • Business Formation and Organization
  • Commercial Litigation
  • Corporate Compliance and Governance
  • Energy
  • Environmental Litigation
  • Insurance
  • Insurance Coverage and Bad Faith Litigation
  • Insurance Coverage, Claims Representation and Risk Management Counseling
  • Litigation
  • 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 litigation matters as well as providing legal business advice and representation to corporate clients on corporate governance and compliance issues and numerous business contracts and transactions.

The bulk of David's practice has been concentrated in complex commercial litigation within various industries, nationwide and before state and federal courts, administrative tribunals and arbitration settings. 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, D&O and products liability insurance defense and risk management and assessment, as well as complex environmental and energy-related litigation.

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

David has practiced law for 25 years, has been in the legal industry for nearly 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 with the firm.

Education

  • University of Tulsa College of Law, Tulsa, Oklahoma
    • J.D. - 1996
  • The University of Texas, Austin, Texas
    • B.A. - 1992
    • 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 Ohio
  • 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

Representative Cases

  • Banking and Lender Liability Litigation: 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]
  • 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]
  • Collection Litigation and Lien Law: Willco Enterprises, LLC vs. Woodruff, 231 P.3d 767 (Okla.Civ.App.2010) [Arbitration waiver]
  • Collection Litigation and Lien Law: Bank of Oklahoma, N.A., vs. Red Arrow Marina Sales & Service, Inc.,224 P.3d 685 (Okla.2009) [Foreclosure deficiency]
  • Employment or § 1983 Litigation: Boyles v. Visteon Corp., 2007 WL 1723491 (N.D.Okla.)
  • Employment or § 1983 Litigation: Bourke v. Western Business Products, Inc.,120 P.3d 876 (Okla.Civ.App.2005) [Implied employment provision]
  • Employment or § 1983 Litigation: Miller v. Board of County Comm’rs, County of Rogers,46 F.Supp.2d 1210 (N.D.Okla.1999) [Section 1983]
  • Energy 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.)
  • Toxic Tort Litigation: University of Tulsa v. Johnson Matthey Inc., 2016 WL 10567162 (N.D.Okla.)
  • Fiduciary 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]
  • Insurance Litigation: Hettick v. Brown, 2013 WL 6048812 (N.D.Okla.)
  • Juvenile Deprived/Neglected Cases: In re M.J.,8 P.3d 936 (Okla.Civ.App.2000)
  • Manufacturer Liability: Telco Sup. Co. v. Remee Prods. Corp., 2014 WL 4826648 (E.D.Okla.) [UCC Art. 2]
  • Professional Malpractice: Williams v. Lakin, 2008 WL 1990473 (N.D.Okla.) [Legal malpractice]
  • Professional Malpractice: Williams v. Lakin, 2007 WL 2703098 (N.D.Okla.) [Legal malpractice]
  • Professional Malpractice: Williams v. Lakin, 2007 WL 2114649 (N.D.Okla.) [Legal malpractice]
  • Professional Malpractice: Williams v. Lakin, 2007 WL 1170597 (N.D.Okla.) [Legal malpractice]
  • Tribal Litigation: Shotton v. Pitkin, 2015 WL 5091984 (W.D.Okla.)

Honors

  • AV® Preeminent™ Martindale-Hubbell Peer Review Rating
  • Super Lawyers, Oklahoma, 2010 - 2021
  • Super Lawyers (Rising Stars), Oklahoma, 2009
  • Best Lawyers, Oklahoma, 2013-2020
  • Best Lawyers, Texas, 2021
  • American Jurisprudence Award, Contracts I (Tulsa University 1992)

Professional Associations

  • State Bar of Texas, Member, Corporate Counsel Section
  • Oklahoma Bar Association, Member
  • American Bar Association, Member, Litigation Section; Member Law Practice Management Section; Board Member, Lawyer, Leadership & Management Committees of Law Practice Management Section
  • Dallas Bar Association, Member
  • Claims 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
  • Tulsa County Bar Association, 1996-2020, Past Member; TCBA Fee Arbitration Committee, 2017 - 2019; TCBA Court Operations Committee, 1997 - 2000
  • American Inns of Court, N.D. Okla. Hudson-Hall-Wheaton Chapter, 1999 - 2010, Past Barrister/Member