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David A. Herman

Practice Area Attorney, Litigation and Bankruptcy

David A. Herman is a practice area attorney in Cravath’s Litigation Department and Financial Restructuring & Reorganization practice. His practice focuses on litigation matters in the areas of bankruptcy, securities and derivative litigation, mergers and acquisitions, and other complex commercial disputes. In addition, Mr. Herman has represented corporations and members of boards of directors in connection with internal investigations and inquiries by U.S. and foreign regulators and prosecutors. His clients have included Alcon Laboratories, Affiliated Computer Services, Avon Products, Big Lots, PricewaterhouseCoopers, Stanley Black & Decker, Qualcomm, Telia Corporation, and Universal Health Services, as well as boards of directors and board committees in connection with litigation and investigatory matters.

Mr. Herman has substantial experience in the field of restructuring litigation, including representing debtors and creditors in bankruptcy proceedings and litigating and advising on matters associated with sovereign debt restructuring. Mr. Herman’s recent restructuring matters include:

  • Representing the Republic of Argentina in connection with litigation brought by holders of its defaulted sovereign debt. Mr. Herman was part of the team that obtained the vacatur of court-imposed injunctions that had been imposed on Argentina in 2012 and 2015, clearing the way for Argentina to resolve the vast majority of its litigation with holdout creditors and return to the international capital markets in 2016 for the first time since its historic default in 2001.
  • Representing the Federal Emergency Management Agency and the U.S. Department of Treasury in connection with structuring, negotiating and litigating community disaster loans made available to Puerto Rico and the U.S. Virgin Islands, at a time when Puerto Rico and a number of its instrumentalities had filed for bankruptcy relief under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
  • Representing The Weinstein Company (TWC) as debtors counsel in connection with TWC’s bankruptcy and the sale of its assets to Lantern Entertainment.
  • Representing Stanley Black & Decker (SBD) on litigation and bankruptcy matters related to its acquisition of the Craftsman brand from Sears Holdings Corporation, including successfully representing SBD in arbitration proceedings related to the acquisition.

Mr. Herman’s other recent litigation matters have included representing Big Lots and individual defendants in securities and derivative litigation alleging insider trading and misstatements regarding the company’s performance and prospects. The securities case settled after the defendants successfully petitioned the Sixth Circuit for interlocutory review of class certification.

Mr. Herman’s investigations practice has included representing Telia Company in connection with FCPA investigations by the SEC, DOJ and Swedish and Dutch authorities. He also represented a consumer products company in a DOJ investigation into potential money laundering issues related to its operations in Venezuela, which closed in 2016.

Mr. Herman comes from New York. He received a B.A. summa cum laude from the University of Pennsylvania in 2004, where he was elected to Phi Beta Kappa and a J.D. magna cum laude from New York University School of Law in 2007, where he was an articles editor of the Law Review and was elected to the Order of the Coif. Mr. Herman joined Cravath in 2007. In 2008, he left to serve as a law clerk for Hon. Car ol B. Amon of the U.S. District Court for the Eastern District of New York in Brooklyn, New York. Mr. Herman rejoined Cravath in 2009.

Mr. Herman may be reached by phone at +1‑212-474-1635 or by email at DHerman@cravath.com.

Mr. Herman is admitted only in New York.

Contact
+1 (212) 474-1635
+1 (212) 474-3700