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Burke Bogdanowicz PLLCPartner
David H. Herrold
Pro

David H. Herrold

5.0
1 review

1201 Elm Street, Suite 4000, Dallas, TX 75270

Bankruptcy and Business Reorganization, Business Formation and Organization, Commercial Litigation and 10 more

About David H. Herrold

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.

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

 

David H. Herrold (Dallas, Texas) View website

Awards

AV Preeminent Peer Rated
This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.
Martindale-Hubbell Peer AV

Client Champion Awards

Client Champion awards recognize those attorneys who excel at service as affirmed by their clients. The awards, based on the quantity and quality of an attorney’s Martindale-Hubbell client reviews, demonstrate an ongoing commitment to delivering excellent client service. Award recipients stand out from their peers with a platinum, gold or silver icon.

Champion Badge Silver

At least three reviews and a score of 4.0 or higher.

Champion Badge Gold

At least six reviews and a score of 4.2 or higher.

Champion Badge Platinum

At least ten reviews and a score of 4.5 or higher.

Martindale Peer Awards

A lawyer who receives a minimum threshold of qualifying responses from fellow attorneys can qualify for one of three prestigious Martindale-Hubbell Peer Review Ratings:

Martindale-Hubbell Peer AV Preeminent Rating

AV Preeminent®: The highest peer rating standard. This rating signifies a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.

David H. Herrold got this award in 2021

Martindale-Hubbell Peer Distinguished Rating

Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.

Martindale-Hubbell Peer Notable Rating

Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Avvo Awards

Avvo Top Contributor

Avvo Top Contributor: The Avvo Top Contributor Award is granted to attorneys who have earned significant contribution points in a given year on our sister site, Avvo.com. Contribution points are earned by answering questions in Q&A, publishing Legal Guides, and other useful contributions to the Avvo community.

Avvo Client Choice

Avvo Client’s Choice: The Avvo Client's Choice Award Badge is granted to attorneys with a significant number of 4+ star reviews in a given year.

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Services

Areas of Law

  • Commercial Litigation
  • Energy
  • Insurance
  • Litigation
  • Real Estate
  • Other 8
    • Bankruptcy and Business Reorganization
    • Business Formation and Organization
    • Corporate Compliance and Governance
    • Environmental Litigation
    • Insurance Coverage and Bad Faith Litigation
    • Insurance Coverage, Claims Representation and Risk Management Counseling
    • Product Liability Litigation
    • Workouts

Practice Details

  • Languages
    Spanish
  • Payment Information
    Payment & Cost Features
    Fixed hourly rates
    Fixed fees available
  • Firm Information
    Position
    Partner
    Firm Name
    Burke Bogdanowicz PLLC
  • Representative Cases & Transactions
    Cases
    Experience: Having been admitted into practice in Oklahoma
    Texas, David actively h
    les business
    litigation matters for clients in both states out of the firm's offices there.
    Counseled start-up manufacturer in multi-million dollar bond issuance
    associated debt
    equity transactions.
    Represented refinery in multi-million dollar claims against fabrication company
    affiliates under alter ego, fraud, contract
    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
    distributor.
    Defended rural telephone companies against bankruptcy trustee's multi-million dollar fraudulent transfer
    fiduciary duty lawsuit.
    Represented state bank's receipt of documentary drafts
    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
    acceptable pricing structures with varying levels of customers.
    Defended an international oil
    gas company against multi-million dollar lien
    trust claims raised by operator against downstream purchasers.
    Defended l
    lord 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
    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
    maritime laws
    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
    fraud claims based upon prepetition services performed.
    On behalf of a local builder
    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
    judgment based upon fraud for individual
    corporate judgment debtors.
    Successfully reorganized restaurant chain through the administration of 13 separate but affiliated entities through chapter 11 of the Bankruptcy Code.
    Obtained
    defended legal malpractice judgment totaling over $3.75MM from postjudgment attacks
    on appeal.
    Defended insurance broker against claims for negligent procurement of policy by insured.
  • Additional Links
    https://www.burkebog.com https://3580157.findlaw5.flsitebuilder.com/attorney/herrold-david-h/

Experience

  • Bar Admission & Memberships
    Admissions
    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
  • Education & Certifications
    Law School
    University of Tulsa College of Law
    Class of 1996
    J.D.
    Other Education
    The University of Texas at Austin
    Class of 1992
    B.A.
    Liberal Arts

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Attorneys FAQs

  • Is this attorney admitted to the bar in more than one state?
    Yes, David H. Herrold is admitted to practice in Oklahoma and Texas.
  • Is this attorney admitted to practice in any U.S. Federal Courts?
    David H. Herrold is admitted to practice before the United States Court of Appeals for the Fifth Circuit, United States Court of Appeals for the Tenth Circuit, United States District Court for the Eastern District of Oklahoma, United States District Court for the Eastern District of Texas, United States District Court for the Northern District of Oklahoma, United States District Court for the Northern District of Texas, United States District Court for the Southern District of Texas, United States District Court for the Western District of Oklahoma, United States District Court for the Western District of Texas and United States Supreme Court.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, David H. Herrold has a 5.0 Peer Rating from Martindale-Hubbell.

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