David H. Herrold

David H. Herrold: Attorney with McGinnis Lochridge
Attorney Awards
  • Martindale-Hubbell Peer AV Preeminent Rating
About Attorney Awards

Biography

David represents clients in complex commercial and civil litigation across a range of industries, with a particular concentration in banking and lender liability matters, consumer credit litigation, creditors' rights, energy litigation, commercial restructuring and workouts, and E&O and D&O defense. David practices in both Texas and Oklahoma state and federal courts, administrative tribunals, and arbitration proceedings.In addition to his litigation practice, David serves businesses and their executive teams as outside or general counsel, providing practical, real-time advice on corporate governance and organizational structure, management, fiduciary and compliance matters, business contracts, and transactions. His dual focus — courtroom advocacy and boardroom counsel — allows him to offer clients a uniquely integrated perspective on managing legal risk across the life of a business.

David brings more than three decades of experience in and around the legal industry, including nearly two decades of law firm management at small, medium, and large firms. He is a Texas Bar Foundation Fellow and holds an AV Preeminent® rating from Martindale-Hubbell, the highest peer-review designation available, which he has maintained continuously since 2006. He is recognized by both Best Lawyers and Super Lawyers as well. Licensed in both Texas and Oklahoma, David is resident in our Dallas office and also spends time in the firm’s Austin office.

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 Litigation: 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]

• 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, 2006 to Present

• Super Lawyers, Oklahoma

• Super Lawyers (Rising Stars), Oklahoma, 2009

• Best Lawyers, Oklahoma, 2013-2020

• Best Lawyers

• American Jurisprudence Award, Contracts I (Tulsa University 1992)

• Super Lawyers, Texas, 2021

Professional Associations

• State Bar of Texas, Member, Corporate Counsel Section

• Oklahoma Bar Association, Member

• Dallas Bar Association, Member, 2021 to Present

• 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

• American Inns of Court, N.D. Okla. Hudson-Hall-Wheaton Chapter, 1999 - 2010, Past Barrister/Member

• State Bar of Texas, 2018 to Present

• American Bar Association, 1996 to Present

• American Bar Association, Litigation Section, Member

• American Bar Association, Law Practice Management Section, Member

• American Bar Association, Law Practice Management Section, Lawyer, Leadership & Management Committees, Board Member

• 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
See more ›

Areas of Practice (15)

  • 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
  • Complex Business Litigation
  • Corporate And Tax

Education & Credentials

University Attended:
The University of Texas at Austin, B.A., Liberal Arts, 1992
Law School Attended:
University of Tulsa College of Law, J.D., 1996
Year of First Admission:
1996
Admission:
1996, Oklahoma; 2018, 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
Languages:
Spanish
Reported Cases:
Experience: Having been admitted into practice in Oklahoma and Texas, David actively handles business and litigation matters for clients in both states out of the firm's offices there.; Counseled start-up manufacturer in multi-million dollar bond issuance and associated debt and equity transactions.; Represented refinery in multi-million dollar claims against fabrication company and affiliates under alter ego, fraud, contract and fraudulent transfer claims.; Defended international specialty chemicals firm in Price Anderson Act litigation.; Represented chapter 11 debtor in reorganization of non-profit charitable organization.; Defended fiber optic manufacturer against multi-million dollar warranty claims.; Defended product manufacturer in warranty claims against valve manufacturer and distributor.; Defended rural telephone companies against bankruptcy trustee's multi-million dollar fraudulent transfer and fiduciary duty lawsuit.; Represented state bank's receipt of documentary drafts and cashier's check under Arts. 3-4 of the Uniform Commercial Code.; Represented a lender in pursuit of civil RICO claims stemming from acts taken to wrongfully negotiate an instrument.; Counseled manufacturer on Robinson-Patman Act compliance and acceptable pricing structures with varying levels of customers.; Defended an international oil and gas company against multi-million dollar lien and trust claims raised by operator against downstream purchasers.; Defended landlord against toxic tort claims, obtaining nondischargeability judgment in judgment debtor's chapter 7 bankruptcy.; Represented a physician against former practice for breaches of fiduciary duty, defamation, contract, negligence and fraud stemming from physician's departure from the practice.; Represented a corporation in pursuit of bank conversion action based upon corporate employee's theft.; 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.; Defended an international turnaround firm against a bankruptcy trustee's breach of fiduciary duty and fraud claims based upon prepetition services performed.; 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.; Defended banks in defense of lender liability claims, including under the Equal Credit Opportunity Act.; Obtained reversal of multi-million dollar verdict and judgment based upon fraud for individual and corporate judgment debtors.; Successfully reorganized restaurant chain through the administration of 13 separate but affiliated entities through chapter 11 of the Bankruptcy Code.; Obtained and defended legal malpractice judgment totaling over $3.75MM from postjudgment attacks and on appeal.; Defended insurance broker against claims for negligent procurement of policy by insured.
ISLN:
910079653

Payment Information

Fixed Hourly Rates
$350 - $450/hr
Other Information
Fixed fees available, Retainer Fee

Peer Reviews

5.0/5.0
Peer reviews submitted prior to 2008 are not displayed.
Martindale-Hubbell® AV Preeminent Rating Badge
Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Location

Contact David H. Herrold

Contact Information:

469-838-5145  Phone

214-307-6990  Fax

www.mcginnislaw.com/attorneys-David-Herrold

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