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 (7^th 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