David F. Herman

White Collar Defense & Investigations

David defends clients through all stages of civil and criminal investigations and enforcement proceedings by state and federal agencies. He has represented companies and individuals during False Claims Act and Anti-Kickback Statute investigations and litigations relating to pharmaceutical companies and patient assistance programs. He has also represented companies and individuals when responding to Civil Investigative Demands (CIDs) and subpoenas from government agencies including the Department of Justice, Consumer Financial Protection Bureau, state attorneys general, and state consumer protection agencies. David has also successfully defended his clients in lawsuits brought by those agencies, achieving numerous favorable decisions and settlements for his clients.

He also supports proactive internal investigations and internal audits connected with alleged violations of state and federal laws by interviewing and preparing witnesses, synthesizing analysis of evidence, and making recommendations to clients on best practices.

Financial Services

David regularly represents nonbank lenders and fintech companies, together with their executives and investors, in all aspects of their businesses. He has successfully defended clients in complex litigation involving consumer protection statutes and other complicated causes of action, including RICO. He has successfully defended clients facing nationwide class actions from consumers and understands the significant pitfalls — and opportunities — that come with such expansive litigation.

He assists clients in navigating all aspects of the multifaceted regulatory environment facing fintech companies and nonbank lenders, including interfacing with state banking regulators, consumer protection agencies and other regulatory bodies. He advises clients on proactive compliance measures and counsels nonbank lenders and fintech companies on recent developments in the law and how those changes might affect their businesses. As part of this process, David helps his clients to achieve their business goals while mitigating risk from regulators.

Appeals

David assists clients in understanding, preserving and asserting their appellate rights in litigation. He has briefed and argued cases to numerous state and federal courts of appeal and helped his clients to achieve significant victories on appeal, including multiple published opinions. He understands how to ensure his clients’ voice is heard throughout the appellate process while also positioning each appeal for the greatest chance of success.

Consumer Arbitrations

David has represented clients in consumer arbitrations and cases arising out of arbitration clauses in consumer contracts. He has drafted and revised arbitration and choice-of-law provisions in consumer contracts for clients, and advises clients on best practices for drafting and enforcing those provisions. David has represented his clients in appeals under the Federal Arbitration Act to ensure arbitration agreements are enforced as written and in accordance with the law.

Privacy and Data Security

David presents to clients and industry organizations on legal issues relating to information technology, privacy and data security.

Personal Interests

David loves cooking for his family and friends and experimenting with his smoker. He enjoys discovering everything Chester County, Pennsylvania, has to offer.