David Herrold is an experienced trial lawyer whose practice focuses on commercial litigation, complex civil and commercial cases, D&O and E&O liability, creditors’ rights and bankruptcy litigation. He has successfully prosecuted and defended litigation in state, federal and administrative tribunals in Oklahoma and around the nation on behalf of local, national and international clients.
- Represented local business against former executive officer and third-parties for trade secret misappropriation.
- Represented out of state refinery in multi-million dollar claims against fabrication company and its affiliated entities under alter ego, fraud, contract and fraudulent transfer claims.
- Represented international specialty chemicals company in Price Anderson Act litigation.
- Represented chapter 11 debtor in reorganization of local area non-profit charitable organizationRepresented fiber optic manufacturer against multi-million dollar warranty claims.
- Represented product manufacturer in warranty claims against valve manufacturer and distributor.
- Represented rural telephone companies in defense against bankruptcy trustee's multi-million 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 start-up manufacturing company in multi-million dollar bond issuance and assciated debt and equity transactions.
- 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.
- Advised local manufacturer on Robinson-Patman Act compliance and pricing concerns.
- 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.
- On behalf of a lender, prosecuted a federal boat mortgage collection action under admiralty and maritime laws and vessel operator in an admiralty garnishment proceeding.
- Represented construction/engineering firm in negotiations with a Native American Tribe for construction of multi-million dollar gas refinery.
- 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 multi-million dollar verdict and judgment based upon fraud for individual and corporate judgment debtors.
- Reorganized a restaurant chain through the administration of 13 separate chapter 11 bankruptcy cases.
- Defended legal malpractice judgment totaling over $3.75MM from postjudgment attacks and on appeal.
Professional, Community and Pro Bono Involvement
- Listed in Best Lawyers for Commercial Litigation, 2013-2017
- Listed in Super Lawyers®, 2010-2016
- Corporate LifeWire 2016 Bankruptcy & Restructuring Global Award (Oklahoma), Firm-Wide Recipient
- American Inns of Court - Hudson-Hall-Wheaton Chapter (N.D. Okla.), 1999-2010, Barrister/Member
- Tulsa County Bar Association, 1996-2014
- Oklahoma Bar Association
- American Bar Association
- Tulsa Lawyers for Children, Inc., Member of Board of Directors, 2014-2016
- J.D., University of Tulsa College of Law, 1996
- B.A., Liberal Arts, The University of Texas, 1992
Bar & Court Admissions
- Oklahoma, 1996
- United States Court of Appeals Tenth Circuit, 1997
- United States Court of Appeals Eleventh Circuit, 1999
- United States District Court Eastern District of Oklahoma, 1997
- United States District Court Northern District of Oklahoma, 1996
- United States District Court Western District of Oklahoma, 1996
- United States Supreme Court, 2000