David A. Herman

David A. Herman

  • Phone: 217.525.1571
  • Email: dherman@giffinwinning.com
  • Fax: 217.525.1710

David A. Herman is an experienced civil litigator who has represented clients in complex litigation in both state and federal courts. In his 24 years of practice, David has handled hundreds of cases in Illinois state courts, federal courts, and before administrative agencies involving diverse areas of the law, including: Illinois procurement contract law, Illinois election law, Illinois residential real estate disclosure law, products liability law, health law, commercial law, constitutional law, construction law, municipal law, employment law, real estate law, administrative law, warranty law, outdoor advertising law, insurance coverage disputes, personal injury, tort, fraud, property damage, insurance defense, contracts, tax, business disputes, and replevin. These cases vary in value from small claims cases to cases involving contracts worth billions of dollars.

Additionally, from November 2003 to the present, he has been a part-time administrative hearing officer for the City of Springfield Illinois. He has ruled upon hundreds of ordinance violation cases. In his capacity as a hearing officer, he oversees and conducts public evidentiary hearings, makes factual and legal liability determinations, and enters orders relating to alleged violations of the municipal parking ordinances of the City of Springfield.

From November 2004 to the present, he has been a part-time administrative hearing examiner for the Illinois State Board of Elections. In his capacity as a hearing examiner, he oversees and conducts public evidentiary hearings and makes factual determinations, drafts legal orders and recommendations to the State Board of Elections relating to alleged violations of Illinois election laws including violations of campaign disclosure requirements and challenges to the legal sufficiency of nomination papers submitted by political candidates.

David also represents clients before Illinois regulatory agencies and monitors agency regulations and rules. He is a registered lobbyist with the State of Illinois engaged in a government relations practice representing clients before the Illinois General Assembly, including drafting, reviewing, and analyzing pending and proposed legislation.

Education

  • J.D., Northern Illinois College of Law, 1992
    • Magna cum laude
    • Northern Illinois University Law Review, Lead Articles Editor
  • B.S., Illinois State University, 1989
    • Cum laude

Admissions

  • Illinois, 1992
  • U.S. District Court, Southern, Northern and Central Districts
  • U.S. Court of Appeals, Seventh Circuit, 1994
  • U.S. Supreme Court, 1998

Cases

  • Represented a major pharmaceutical benefits management company in a challenge to an award of a multi-billion dollar state procurement contract
  • Represented a subsidiary of a major healthcare business in an action arising from the asset acquisition of a business. The plaintiff sought in excess of $5 million, alleged violations of RICO, unfair trade practices, trademark infringement, unfair competition, unjust enrichment, conversion, defamation and breaches of contract
  • Represented a health insurance company in a challenge to an award of a health insurance state procurement contract. Stay of award affirmed on appeal
  • Represented a chapter 7 bankruptcy trustee in an action seeking denial of discharge. The debtor was denied a discharge of his liabilities listed that were in excess of $10 million
  • Represented a company that challenged the discharge of a multi-million dollar debt
  • Represented a doctor who challenged the discharge of an unsecured debt owed by another doctor
  • Represented a university in an eventual Appellate Court action involving alleged violations of the Equal Pay Act
  • Represented a construction company in an action alleging breach of contract involving an insurance adjustment
  • Defended a putative nationwide class action products liability case involving a roofing product with damage alleged to be in excess of $500 million
  • Represented a construction company in a third-party contributory negligence claim involving injuries sustained by plaintiff that allegedly occurred as a result of negligent acts of defendant
  • Represented a Canadian natural gas company that successfully obtained an injunction preventing the use of a similar name by another company selling natural gas
  • Defended a manufacturing company in an action arising out of the death of an employee
  • Represented a business in a class action alleging breach of implied warranty of merchantability pursuant to the Magnuson-Moss Warranty Act, breach of implied warranty of fitness for a particular purpose pursuant to the Magnuson-Moss Warranty Act, violation of Section 2304(d) of the Magnuson-Moss Warranty Act, unjust enrichment and violation of the Illinois Consumer Fraud and Deceptive Practices Act
  • Represented a business in an action involving a third-party subpoena. Successful in limiting the scope of the subpoena and the documents required to be produced in response
  • Represented a business owner in an ERISA action brought by a local operators union that sought damages for the business’ alleged failures to make the proper ERISA contributions
  • Represented a business owner in an ERISA action brought by a pension fund that sought damages for the business’ alleged failures to make the proper ERISA contributions
  • Represented a business that challenged the filing of a mechanic’s lien and defended the business entity against breach of contract claims filed by the general contractor
  • Represented a plaintiff in an action involving a breach of an insurance contract
  • Represented a plaintiff in an action against the Illinois Department of Public Health involving a correction on a death certificate
  • Represented a business in an action alleging copyright infringement
  • Represented a defendant business in an action alleging fraud, violations of the Deceptive Practices Act, breach of contract and various other claims
  • Represented a business in an action alleging tortious interference with a contractual relationship
  • Represented a business in an action involving a personal guaranty agreement and damages in excess of $400,000
  • Represented a railroad company in litigation involving an STB ordered sale of a railway line in Illinois
  • Represented a physician in an action by an inmate of the state corrections system involving alleged violations of 42 U.S.C. 1983
  • Represented an aircraft owner in an aviation insurance coverage dispute against an insurance company seeking $1 million in insurance coverage for a death arising from an aircraft crash
  • Represented family members in wrongful death action involving a 911 call
  • Represented an individual in a breach of contract claim involving a residential real estate contract
  • Represented an RV dealer in an action brought by a consumer seeking recovery of over $200,000 in damages based upon allegations of breaches of express and implied warranties
  • Representing a sign company in defense of alleged zoning law violations
  • Represented savings and loan, banks, credit unions and mortgage brokers’ statewide associations against state officials and constitutional officers in their collection and use of millions of dollars in regulatory fees collected from financial institutions
  • Represented an association in litigation against the Illinois Department of Revenue and the Comptroller with regards to a decision by the Director of the Illinois Department of Revenue and the Comptroller to arbitrarily reduce the stipend paid to county treasurers
  • Represented individuals that successfully negotiated settlement of policy limits of $500,000 from insurance company for clients injured in a highway collision prior to the initiation of litigation
  • Defended an international corporation in state court proceedings filed by two former employees claiming rights to unpaid compensation and other damages
  • Represented a county municipality against a natural gas company that was challenging the assessment and imposition of over $2 million in property taxes
  • Represented a plaintiff in an action involving a breach of contract, breach of implied warranty, common law fraud and the Consumer Fraud Act
  • Represented the Illinois Secretary of State in a multi-million dollar litigation dispute against a national railroad corporation challenging the application of the state franchise tax
  • Represented a business and other individual defendants in an employment discrimination matter before the City of Springfield Office of Community Relations
  • Represented a defendant in a due process, equal protection, defamation and various other claims involving an argument over an easement
  • Represented an Illinois not-for-profit corporation in an action involving alleged violations of corporate bylaws. Represented the same client in an action filed to remove two board members for misconduct and fraud
  • Represented an individual in a copyright infringement matter against a local school board and other defendants
  • Represented an insurance company in an action involving a breach of contract claim related to a nursing home benefit
  • Represented a utility company in an action alleging breach of contract and damages in excess of $250,000
  • Represented an individual who was injured in an automobile accident with an uninsured motorist. Successfully negotiated payment of $100,000 from insurance company under uninsured motorist coverage
  • Represented an insurance company in a matter against a construction company where fireplace was not properly installed in a newly constructed home resulting in total loss to the insured homeowner. Recovered over $300,000 from the construction company’s insurer prior to the initiation of litigation
  • Represented a homeowner in an alleged ordinance violation dispute
  • Represented a construction company in an ERISA action brought by a pension fund that seeks damages for the business’ alleged failures to make the proper ERISA contributions
  • Represented a major beer company in litigation involving alleged violations of the Beer Industry Fair Dealing Act and breach of contract
  • Represented a defendant in a defamation action involving internet postings made from another state
  • Representing a software company in a protest involving the award of a state contract for tier-1 software and systems integration. Dispute includes issues with a FOIA response from the Governor’s Office of Management and Budget
  • Representing a railroad company in a quiet title action involving ownership of property adjacent to railroad
  • Represented a hospital regarding the inclusion of restrictive covenants in their employee agreements
  • Represented a nursing home in an insurance dispute involving damage to property and reimbursement under the insurance policy
  • Represented an estate in a wrongful death action involving the slayer statute, survival statute, negligence and disqualification of heir
  • Represented a defendant physician in litigation initiated by former inmate of state corrections system involving alleged violations of 42 U.S.C. 1983. Successful of obtaining dismissal of physician from litigation.
  • Represented a business in litigation involving breach of contract, breach of personal guaranty, unjust enrichment and enforcement of security agreement. Successful in obtaining judgment on behalf of plaintiff.
  • Represented a business who protested an award of a Medicare-Medicaid Alignment Initiative contract by the Illinois Department of Healthcare and Family Services alleging violations in the procurement process
  • Represented an individual before the Illinois Department of Revenue disputing the imposition of a tax for a watercraft
  • Representing family members in a dispute involving termination of a farm lease and ownership of personal property
  • Representing a plaintiff municipal corporation in litigation involving breach of contract and breach of implied warranty related to the construction of ten single-family homes
  • Representing an individual in a dispute involving termination of an employment agreement and compensation for shares of corporation
  • Represented an individual in a dispute involving a real estate transaction related to farmland in Pike County, including the transfer of hunting rights
  • Represented a plaintiff in an action involving beneficiaries of a life insurance policy
  • Represented a defendant in an action involving repairs to an automobile. Filed counterclaim for breach of contract and deceptive practices
  • Representing a plaintiff in a personal injury and workers’ compensation matter in which the individual was injured while outside of the company vehicle
  • Represented a church in a declaratory judgment action involving a zoning ordinance that violated client’s right to the free exercise of religion and freedom of speech, right to due process and equal protection and violation of the Illinois Religious Freedom Restoration Act
  • Representing a defendant municipal corporation in litigation involving the demolition and abatement of asbestos containing material from a multi-story housing complex
  • Representing an individual plaintiff in a partition action involving residential property
  • Representing a defendant corporation in litigation involving alleged violations of the Sherman Antitrust Act, the Clayton Antitrust Act, the Illinois Antitrust Act, the Illinois Insurance Code and tortious interference
  • Representing a business in a declaratory judgment action involving installation of tile in a private home. Successful in obtaining dismissal of client as a respondent in discovery.
  • Represented a physician in negotiating an employment agreement involving a covenant not to compete clause, compensation and buy-out provisions
  • Represented a company regarding review and modifications to its policy manual
  • Representing an individual farmland owner regarding an easement for the installation of a transmission line
  • Represented a defendant manufacturer in a products liability case involving the alleged defective design of industrial equipment
  • Representing a plaintiff in a FOIA case and wrongful termination case involving a local municipality
  • Representing an insurance company plaintiff in a declaratory judgment action involving transfer of structured settlement proceeds
  • Representing a corporate defendant in an adversary bankruptcy proceeding involving allegations of fraudulent transfers
  • Representing a defendant in an appeal of a circuit court order involving an ordinance violation
  • Representing a state agency in litigation involving violations of the Business Corporation Act of 1983 and the Illinois Uniformity Clause
  • Represented a defendant in litigation alleging unfair and deceptive trade practice, libel per se, false light and violations of the Consumer Fraud and Deceptive Business Practices Act
  • Representing a plaintiff in litigation involving a breach of contract claim against a contractor for improper installation of a concrete patio
  • Represented an individual whose wife was killed in an automobile accident. Successful in obtaining the policy limits from the at-fault driver’s insurance company, plus additional compensation from the at-fault driver’s employer

Activities

Civic Participation

  • Leadership Springfield, Participant, Board Member, Chair 1998 - 1999, and Vice-Chair 1997 - 1998
  • Former Judge, Small Business Person Awards
  • Former Member, Small Business Council for Springfield Chamber of Commerce
  • Former Board Member, City of Springfield Historic Sites Commission
  • Former Board Member, Dana Thomas House
  • Former Membership Committeeman, Downtown Springfield, Inc.
  • Former Board Member, FBI Springfield Division Citizen's Academy Alumni Association
  • Former Board Member, Fifth Street Renaissance Transitional Homeless Shelter
  • Former Board Member, Route 66 Events, Inc.
  • Coach, YMCA - Youth Sports
  • Referee, YMCA - Youth Sports
  • Former Board Member, YMCA
  • Member of The Greater Springfield Chamber of Commerce
  • Member of Hillsboro Chamber of Commerce


Professional Associations

  • Member of ISBA Attorney Registration & Disciplinary Commission Committee, 2013 - 2015
  • Member of ISBA Standing Committee on Judicial Advisory Polls, 2013 - 2015
  • Former Chair of ISBA Downstate Education Subcommittee, 1999
  • Former Member of ISBA Young Lawyers Committee
  • Former Member of ISBA Federal Civil Practice Committee
  • Former ISBA Young Lawyer Delegate to American Bar Association
  • Fellow, Litigation Counsel of America
  • Member of Diversity Law Institute
  • Member of Trial Law Institute
  • Member of Illinois Association of Defense Trial Counsel
  • Barrister of American Inn of Courts, Lincoln - Douglas Chapter
  • Member of Sangamon County Bar Association. Served as President of SCBA in 2009. Served as President of Young Lawyers Division of SCBA in 2001.
  • Member of Leading Lawyers


Accomplishments

  • Peer Review Rated "AV Preeminent" by Martindale-Hubbell
  • Peer Selected "Leading Lawyer" by Leading Lawyers Network in Commercial Litigation
  • Peer Selected "Leading Lawyer" by Leading Lawyers Network in Governmental, Municipal, Lobbying & Administrative Law
  • Avvo Rated 10 - Superb Attorney


Awards

  • Springfield Business Journal, “Forty under 40 Award”, 2002

Areas Of Focus