Daniel J. Herling joined Keller and Heckman in 2007. Mr. Herling focuses his trial practice on product liability, with an emphasis on pharmaceuticals and medical devices, commercial litigation, and antitrust. This includes class actions, intellectual property litigation, patent infringement, and professional liability.
Mr. Herling represents companies in numerous cases in both state and federal courts throughout California and the United States. Mr. Herling acts as counsel for international pharmaceutical, medical device, and dietary supplement industry companies, including overseeing the defense of over 3,000 product liability cases. In addition, he counsels clients on regulatory matters and has advised in the selection and supervision of local counsel and lead trial attorneys.
Mr. Herling represents clients on a spectrum of litigation matters, such as: regional and trial counsel for breast implant manufacturer in a California breast implant litigation; representation of Italian and its Mexican subsidiary manufacturer of commercial products in several class actions venued in the United States; representation of off-shore financial institution in due diligence/commercial dispute with Indian, U.K. and Mauritius companies; Counsel to Korean medical device distributor in commercial dispute with U.S. manufacturer; representation of Japanese manufacturer of silicon chip fabrication machines in intellectual property/commercial disputes; representation of Taiwanese manufacturer of silicon chips in patent infringement action; representation of German manufacturer of industrial products in dispute with its U.S. subsidiary; and representation of Australian and German individuals in fraudulent lending scheme perpetrated by U.S. and Swiss entities.
Mr. Herling was selected as a Fellow of the American Bar Foundation. From 2002-2011, Mr. Herling has been 1 of 23 named as an International Product Liability Defense Lawyer. In addition, he has been selected to the Super Lawyers Business Edition 2011 for Business Litigation and has been on the Super Lawyers Northern California list for Business Litigation since 2004. He was also named among San Francisco's Best Lawyers 2012 for Product Liability.
Memberships
Federation of Defense and Corporate Counsel; Drug and Medical Device Committee of the Defense Research Institute; Board of Editors, Law Journal Newsletter, Products Liability Law and Strategy; International Committee Chair, San Francisco Chamber of Commerce Board of Directors; Arbitrator, San Francisco Municipal and Superior Courts; University of Dayton School of Law Advisory Counsel; Delegate, Northern California KOTRA APEC Investment Mart in Seoul Korea; Delegate, San Francisco Mayor's Trade Commission to Mexico; San Francisco Chamber of Commerce Leadership Program.
News
Feb 14, 2012, Partner Daniel Herling to Present at the 2012 International LCT Show
Dec 08, 2011, The California Appellate Court Affirms Tokyo Electron Limited Victory
Oct 20, 2011, Partner Dan Herling to Speak at LexisNexis 3rd Product Liability & Recall Conference
May 26, 2011, Keller and Heckman LLP Obtains Defense Judgment on Behalf of Prominent Grocery Chain
Feb 28, 2011, Keller and Heckman Attorneys Author Article on Patent Infringement Claims and Contracts
Jan 28, 2011, Daily Journal Names Tokyo Electron Ltd. Victory Top Defense Verdict of 2010
Dec 15, 2010, Partners Martha Marrapese and Dan Herling to Serve as Panelists for Nanotechnology Webinar
Mar 02, 2010, Keller and Heckman Secures Complete Victory for Tokyo Electron Limited after Eight-Year Legal Battle
Mar 02, 2010, Keller and Heckman LLP Secures Complete Victory for Tokyo Electron Limited after Eight-Year Legal Battle
Jan 29, 2010, Partner Daniel Herling Quoted on Court's Rejection of Secondhand Chemical Exposure Claim
Events
Apr 16, 2009, California Green Chemistry Webinar
Jan 14, 2009, Nanotechnology Legislation, Regulation, Litigation
Sep 23, 2008, Advanced Chemical Control Course: Managing a Shifting Regulatory Climate - Washington, D.C.
Articles
Mar 29, 2012, District Court Orders Discovery Pursuant to Federal Rules of Civil Procedure in Lieu of the Hague Evidence Convention
Feb 10, 2012, Products Liability Alert: Maxton v. Western States Metals
Jul 20, 2011, Ninth Circuit Holds Railway Companies Not Liable for Contamination Under Nuisance Theory and California's Polanco Act
Jul 05, 2011, Supreme Court Rules On Exercise of Personal Jurisdiction Over Foreign Companies
Jun 27, 2011, Pliva v. Mensing-A Huge Victory for Manufacturers of Generic Drugs!
May 19, 2011, California Green Chemistry Regulation Update
Apr 12, 2011, Litigation Alert: French Company, Having Sold Its Product Only in Europe, is Subject to Personal Jurisdiction in Illinois Products Liability Suit
Mar 01, 2011, Litigation Alert: Supreme Court Rules the National Childhood Vaccine Injury Act of 1986 Bars State-Law Design-Defect Claims Against Vaccine Manufacturers
Feb 03, 2011, Pesticides Alert: Reckitt Benckiser Wins Battle With EPA
Feb 02, 2011, Proposition 64 Alert: Labels Matter! Consumers Can Sue Manufacturers Over Misleading Claims
Feb 01, 2011, Litigation Alert: Eighth Circuit Finds Adulterated Drug Claims Are Not Preempted
Jan 31, 2011, Litigation Alert: Ninth Circuit Rules State Law Failure-To-Warn Claims Against Manufacturers of Generic Drugs Not Preempted by Federal Law
Nov 24, 2010, Client Alert: California Broadens, Then Narrows, Scope of Proposed Green Chemistry Initiative Regulations
Nov 24, 2010, Litigation Alert: Amendments to Rule 26 To Take Effect December 1, 2010 - Will Limit Expert Witness Disclosures
Oct 28, 2010, Client Alert: Supreme Court To Address Exercise of Personal Jurisdiction Over Foreign Companies
Oct 08, 2010, European Union Court of Justice Confirms That Legal Professional Privilege Does Not Protect Internal Company Communications With In-House Lawyers
Aug 04, 2010, State Green Chemistry Initiatives Take Root: Are You Ready?
Jul 26, 2010, Client Alert: The Attorney-Client Privilege and Former Employees
Jul 19, 2010, Client Alert: California's Green Chemistry Initiative Raises Many Litigation Concerns
Jul 13, 2010, Advocate General of the European Union Court of Justice: Internal Company Communications With An In-house Lawyer Remain Unprotected By The Legal Professional Privilege
Jul 07, 2010, Client Alert: California's Proposed "Green Chemistry" Regulation Could Broadly Affect Consumer Product Makers, Sellers
Jun 18, 2010, Litigation Alert: Court Explains the Circumstances in Which an Employer May Invoke the Attorney-Client Privilege When Communications are Neither Authored By Nor Addressed To Counsel
Jun 09, 2010, Litigation Alert: California Appeals Court Limits Discovery Prior to Filing a Forum Non-Conveniens Motion
Nov 24, 2009, Litigation Alert: California Enforces $6.5 Million Dollar Chinese Judgment
Sep 11, 2009, Litigation Alert: No Business Dealings in US? You Can End Up in US Federal Courts
Jul 08, 2009, Litigation Alert: Arbitrators May Order the Loser to Pay Attorney's and Arbitrator's Fees Upon a Finding of Bad Faith Even When the Contract Invokes The American Rule
Jun 15, 2009, Litigation Alert: California Court of Appeal Holds That a Foreign Manufacturer Can Be Sued in California By Serving Process on an American Subsidiary
Jun 08, 2009, Litigation Alert: FEMA and Formaldehyde Exposure: Federal Law Preempts State Tort And Failure To Warn Claims
Apr 24, 2009, Green Ribbon Science Panel Members Selected and "Safer Alternatives" Draft Rule Released
Dec 19, 2008, DTSC Issues Final Green Chemistry Initiative Report
Apr 15, 2008, California Adopts the Sophisticated User Doctrine in Johnson V. American Standard, inc.: A Product Manufacturer's Victory
Feb 27, 2008, FDA Preemption Alert - New Product Liability Cases Focus on FDA's Mission
Jan 11, 2008, Products Liability Alert - California Supreme Court Considers
Nov 01, 2007, The China Syndrome - Will the U.S. Legal System Deal with Tainted Chinese Imports or Meltdown?
(Resident, San Francisco, California Office)