John R. Herring
Norton Rose Fulbright US LLP
Related services and key industries
John is a trial attorney who joined the Dallas office in July 2013. John handles a wide variety of disputes in both federal and state courts on behalf of businesses, oil and gas companies, insurance companies and other financial institutions. John helps his clients navigate business disputes and also defend against tort litigation involving catastropic losses to facilities and catastrophic injuries or fatalities.
John has significant experience litigating and trying cases involving complex commercial disputes on behalf of defendants and plaintiffs, including contractual disputes, breaches of fiduciary duties, theft of trade secrets, and unfair competition. John also regularly assists clients in investigating, litigating, and resolving high-exposure cases involving transportation, trucking, premises liability, and insurance-related disputes where individuals are seeking significant awards for injuries or fatalities. He regularly defends companies against claims filed by employees, sub-contractor employees, and third-parties for catastrophic losses caused during construction or other capital projects. In that arena, John has extensively litigated sub-contractor cases on behalf of companies, and routinely defends and prosecutes claims involving contractual indemnity and contractual insurance procurement obligations by John's clients or their contractors. John's experience litigating these issues, including his depth of knowledge and experience regarding the law governing indemnity agreements, is a benefit to companies seeking to update or revise their independent contractor agreements to include enforceable contractual indemnity obligations, and to mitigate risk and litigation exposure.
John also has significant recent experience successfully defending wage and hour class actions on behalf of his clients. John has handled Fair Labor Standards Act (FLSA) collective actions and state law class actions across the country, and regularly assists companies evaluating compliance with state and federal employment laws and regulations. These types of claims are often complex and in class proceedings, present significant risk to clients. John has experience working with his clients to prepare creative litigation strategies that compellingly advance their positions to narrow the issues in dispute, limit class exposure, cap damages, and either defeat claims or favorably resolve them.
John is admitted to practice before all Texas state courts; the U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas; and the U.S. Court of Appeals for the Fifth Circuit.
JD, magna cum laude, St. Mary's University School of Law, 2008
BA, Baylor University , 2005
While in law school, John was selected to the Board of Advocates and served on the Editorial Board for the St. Mary's Law Journal. He was also inducted into the John M. Harlan Honor Society and was a member of the Phi Delta Phi International Legal Honors Fraternity. John also served as a judicial intern for the Honorable Emilio M. Garza, U.S. Court of Appeals for the Fifth Circuit.
- Texas State Bar
John has litigated and tried a wide variety of cases to favorable jury verdicts, including the following representative matters:
- Member of trial team that, following a two week trial, secured a take-nothing jury verdict on behalf of nationwide independent mortgage bank in a "hiring-away" lawsuit seeking more than $28 million for more than a dozen causes of action, including allegations of conspiracy to commit breach of fiduciary duty, tortious interference with contractual relationships, and misappropriation of trade secrets. At the conclusion of trial, the jury rejected all of the plaintiff's claims, and went on to award the defendants damages and punitive damages based upon the plaintiff's wrongful conduct. The case eventually settled on highly favorable terms during the pendency of post-trial motions to the Court.
- Member of litigation team in defending crude oil pipeline terminal facility against nine individual claims for burn and other personal injuries arising from single pipeline "flash fire" explosion at company's facility. Following assertion of statutory and other defenses, the team obtained a complete summary judgment and dismissal with prejudice of eight claims against clients. The remaining plaintiff in a separate pending matter then voluntarily dismissed his claims, and elected not to further pursue them.
- Led litigation team in defending catastrophic burn case arising from explosion of a "frac" tank containing hazardous chemicals in which plaintiff was trapped, resulting in severe burns and disfigurement to over 30% of plaintiff's body. John investigated the accident and established the fact that the plaintiff's own employer implemented minimal safety policies despite numerous prior citations from regulatory agencies, securing a nuisance value settlement on behalf of client. Following settlement, John successfully prosecuted claims against his client's sub-contractors for hiring such a dangerous sub-contractor without the client's knowledge or permission, and for breach of their services agreement, includign the contractual indemnity and insurance procurement obligations under the Parties' agreements. John secured a seven-figure settlement on behalf of his clients pn the even of trial, reimbursing his clients for the settlement amounts paid in the underlying case, as well as the client's attorneys' fees.
- Led litigation team in defending natural gas pipeline operator against claims for catastrophic injuries, including permanent nerve damage and implantation of a spinal cord stimulator, following a motor vehicle collision allegedly caused by a dangerous condition in created by oil and gas client's sub-contractors in a state highway. John secured a favorable settlement of these claims following completion of fact and expert discovery, and secured complete indemnity on behalf of his clients for the settlement amounts.
- Led litigation team in defending natural gas pipeline operator against claims for severe burn injuries arising from pipeline "flash fire" explosion. Following successful assertion of statutory and other defenses, as well as extensive third-party practice, John secured a favorable settlement of these claims, and secured complete indemnity from independent contractors and their insurers for the settlement amounts.
- Member of trial team securing take-nothing jury verdict on behalf of developer and bonding company in breach of contract, quantum meruit, and bond claims arising from problematic construction and development project of large residential subdivision in central Texas.
- Assisted in securing multi-million dollar settlement of a federal lawsuit filed on behalf of mineral interest owners for breaches of "Agreements to Lease" mineral acres executed by a natural gas production company, including prosecution of causes of action for fraudulent inducement.
- Represents local and national employers involved in employment disputes, including FLSA collective actions, state law wage and hour class actions, enforcement of non-competition and non-disclosure agreements, and other employment-related matters.
- Assisted in securing recovery against a competitor diverting business away from client by registering false domain names and telephone numbers.
- Assisted in securing significant, near dollar-for-dollar payment from guarantor and debtors on behalf of financial institution for breach of commercial loan agreement and commercial security agreement.
- Assisted in securing favorable resolution on behalf of trustees in a multi-million dollar suit for breach of trust and breach of fiduciary duties.
- Assisted in securing defense-verdict following a jury trial on behalf of developer and bonding company in breach contract, quantum meruit, and bond claims arising from construction contract for residential subdivision development.
- Obtained temporary restraining order against former corporate officer engaged in stealing money from corporation, and ultimately forcing a complete transfer of all corporate assets to remaining business owners.
Additionally, John has handled and tried numerous cases to jury verdict concerning personal injuries and first-party insurance claims, construction defects, and other insurance-related litigation, including significant first and second chair trial experience.
- "Recent Developments in California Labor and Employment Law," Global Workplace Insider, November 24, 2015
- "U.S. Dept. of Labor to Review FLSA Overtime Exemptions," Global Workplace Insider, April 15, 2014
- "Debate Continues Regarding Proposed US Minimum Wage Laws," Global Workplace Insider, April 8, 2014
- 2015 Wage and Hour Master Class, June 25, 2015
John is actively involved in supporting the mission and vision of International Justice Mission, and regularly volunteers with the South Dallas and Veterans' Legal Clinics organized by the Dallas Volunteer Attorney Program—a joint program of the Dallas Bar Association and Legal Aid of North West Texas. John also regularly volunteers with various ministry partners to serve the Vickery Meadows neighborhood in Dallas, Texas. John and his wife, Emily, along with their three young children, attend Watermark Community Church, where John and Emily actively serve in various ministries.