David K. Herzog

Partner

david.herzog@FaegreBD.com
Direct: +1 317 237 1240
Indianapolis Office
300 N. Meridian Street, Suite 2700
Indianapolis, Indiana 46204-1750

Contact Information


david.herzog@FaegreBD.com300 N. Meridian Street, Suite 2700
Indianapolis, Indiana 46204-1750
T: +1 317 237 1240
F: +1 317 237 8540

Education

Vanderbilt University Law School
J.D. (1980)
Wabash College
A.B., summa cum laude, Commencement Speaker (1977)

Bar Admissions

Indiana

Court Admissions

U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Sixth Circuit U.S. District Court for the Northern District of Indiana U.S. District Court for the Southern District of Indiana U.S. District Court for the Western District of Pennsylvania

Languages

English German

David K. Herzog

Partner

David Herzog is the group leader of the firm's litigation and advocacy practice. He concentrates his practice in complex business and commercial litigation. In recent years, he has been prosecuting and defending claims in the following areas:

  • Contract actions
  • Business and securities fraud
  • Corporate governance disputes
  • Class actions under the securities laws, the Federal Truth-in-Lending Act and various consumer contracts
  • Professional malpractice claims
  • Bankruptcy litigation, including adversary proceedings
  • Shareholder, partnership and LLC disputes

David was Managing Partner of Faegre Baker Daniels' Indianapolis office from 1998 until September 2000 when he left the firm to become Executive Vice President, General Counsel and Secretary of Conseco, Inc., where he served until February 2003. He then returned to Faegre Baker Daniels as a partner. David also serves as General Counsel to the Indianapolis Bar Association.

Representative Cases

  • White-Rodgers v. Kindle, 925 N.E.2d 406 (Ind. Ct. App. 2010) — Reinterpreting discoverability of expert reports from prior litigation
  • Glasforms, Inc. v. Taishan Fiberglass, Inc., No. 5:06-CV-00213 (N.D. Cal. 2009) — Four-week jury trial of contract/warranty dispute between Chinese manufacturer of raw materials and domestic customer
  • Abdalla v. Qadorh-Zidan, 913 N.E.2d 280 (Ind. Ct. App. 2009) — Action among members of LCCs alleging breaches of fiduciary duty
  • Malone v. ReliaStar Life Ins. Co., 558 F.3d 683 (7th Cir. 2009) — Reinterpreting common law presumption of death in action by beneficiary against life insurers based on insured's unexplained disappearance and seven-year absence
  • Isanogel Center, Inc. v. Father Flanagan's Boy's Home, Inc., 839 N.E.2d 237 (Ind. Ct. App. 2005) — Dispute between not-for-profit entities concerning construction of will and use of devised real estate
  • Time Warner Entertainment Co., L.P. v. Whiteman, 802 N.E.2d 886 (Ind. 2004) — Class action by cable subscribers against cable service provider

Honors

  • The Best Lawyers in America — Bet-the-Company Litigation, Banking & Finance Litigation, Commercial Litigation and Securities Litigation (Indianapolis Securities Litigation Lawyer of the Year, 2012)
  • Chambers USA: A Guide to America's Leading Business Lawyers — General Commercial Litigation
  • Indiana Super Lawyers — Indiana's Top 50
  • Benchmark Litigation — Commercial Litigation and Securities
  • Phi Beta Kappa
  • Vanderbilt Law Review
  • Order of the Coif

Board Memberships

  • Christian Theological Seminary (Chair, 2006-11)
  • Indianapolis Legal Aid Society

Related Practices

Class Actions
Consumer Fraud Litigation
ERISA Litigation & Other Employee Benefits Disputes
Litigation & Advocacy
Securities & Financial Litigation

Media Mentions

07-February-2012 - David Herzog Comments on Impact of Decline in Jury Trials
29-November-2011 - David Herzog Represents Injured Family in Explosion Liability Litigation
17-December-2008 - Herzog, Jaffe See Parallels Between Madoff and Bayou

Education

Vanderbilt University Law School
J.D. (1980)
Wabash College
A.B., summa cum laude, Commencement Speaker (1977)

News

21-February-2012 - Five Faegre Baker Daniels Attorneys Given Special Recognition by Indiana Super Lawyers
13-February-2012 - 47 Faegre Baker Daniels Attorneys Named to Indiana Super Lawyers
07-December-2011 - 17 Baker & Daniels Partners Recognized as Leading Benchmark Litigators
07-October-2011 - Nine Baker & Daniels Attorneys Honored as Lawyers of the Year
07-September-2011 - The Best Lawyers in America Recognizes 85 Baker & Daniels Attorneys
10-June-2011 - Baker & Daniels Receives Chambers USA Top Ranking in Four Practices
07-October-2010 - Eleven Baker & Daniels Partners Recognized as Leading Litigators
11-June-2010 - Baker & Daniels Receives Four No. 1 Rankings by Chambers USA
17-February-2010 - 50 Baker & Daniels Attorneys Named to Indiana Super Lawyers
29-October-2009 - Baker & Daniels Again Receives "Highly Recommended" from Benchmark Litigation
15-September-2006 - 60 Baker & Daniels Attorneys in The Best Lawyers in America 2007
14-June-2006 - Baker & Daniels LLP Receives Top Rankings In Annual Survey Of Clients And Peers

Bar Admissions

Indiana

Court Admissions

U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Western District of Pennsylvania

Languages

English
German

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