John R. Herring
Partner
Norton Rose Fulbright US LLP
Related services and key industries
Biography
John provides practical advice to clients facing complex problems. John has served as lead trial and also appellate counsel in a wide variety of matters on behalf of large businesses, energy companies, retailers, manufacturers, technology firms, insurers, financial institutions, and transportation companies.
A significant portion of John's practice involves defending against high-exposure lawsuits arising from catastrophic accidents. These cases involve claims seeking significant awards for damages to facilities, properties, or severe injuries and fatalities. He regularly leads "emergency response" teams to investigate and preserve key evidence in the aftermath of these events. John is often retained to defend against novel or emerging theories of recovery in challenging jurisdictions.
John's experience investigating and trying these types of disputes is also a benefit to companies seeking to prepare agreements with counter-parts or contractors. He regularly provides guidance to companies regarding contractual indemnity and insurance agreements, allowing them to mitigate risk and litigation exposure where possible, and before operations begin.
In commercial disputes, John regularly represents business clients in matters involving breach of contract, fraud, fiduciary duties, trade secrets, and tortious interference with contracts and business relationships.
John also has experience assisting clients with employment-related disputes, including allegations of discrimination and retaliation. He has significant prior experience defending against wage and hour lawsuits, including collective actions under the Fair Labor Standards Act, and state law class actions.
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.
Professional experience
Collapse allJ.D., magna cum laude, St. Mary's University School of Law, 2008
B.A., Baylor University, 2005
While in law school, John was selected to the Board of Advocates, and also served as a Staff Writer and later on the Editorial Board for the St. Mary's Law Journal (Vol. 39). He was also inducted into the John M. Harlan Honor Society and a member of the Phi Delta Phi International Legal Honors Fraternity.
John 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 verdicts or settlements, including the following representative matters:
- Trial counsel securing unanimous defense verdict against wrongful death claims arising from triple-fatality trucking collision where Texas DPS placed sole fault upon defendant-driver.
- Trial counsel securing take-nothing verdict against claims for severe and permanent injuries arising from a trucking collision.
- Defended crude oil pipeline terminal facility against nine plaintiffs seeking significant damages for burn and other catastrophic personal injuries arising from pipeline explosion. Eight of the plaintiffs' claims were dismissed via complete summary judgment, and the ninth plaintiff dismissed all claims in the face of summary judgment proceedings.
- Defended catastrophic burn case arising from a "frac" tank explosion. Following favorable settlement with the named Plaintiff, successfully prosecuted claims against sub-contractors for contractual indemnity and breach of insurance procurement obligations resulting in a seven-figure settlement on the eve of trial.
- Defended natural gas pipeline operator against claims for catastrophic injuries following a motor vehicle collision allegedly caused by a dangerous condition created by sub-contractors. Secured a favorable settlement and complete indemnity from sub-contractors.
- Defended natural gas pipeline operator against claims for severe burn injuries arising from pipeline explosion. Secured a favorable settlement of these claims and complete indemnity from sub-contractors.
- Assisted reinsurer in collecting commissions improperly withheld by independent agency under quota share reinsurance agreement.
- Trial counsel securing a take-nothing verdict on behalf of independent mortgage bank in an employment lawsuit asserting claims for conspiracy to commit breach of fiduciary duty, tortious interference with contractual relationships, and misappropriation of trade secrets. The jury rejected plaintiffs' claims, and awarded the defendants damages and punitive damages on counter-claims asserted at trial.
- Trial counsel securing take-nothing verdict on behalf of developer and bonding company in breach of contract, quantum meruit, and bond claims arising from construction and development project of large residential subdivision in central Texas.
- Secured multi-million dollar settlement in oil and gas dispute arising from serial breaches of "Agreements to Lease" mineral acres.
- Represents international rental entity in connection with defending against lawsuits arising from transportation accidents, including fatalities and other catastrophic injuries often seeking eight- and nine-figure damages.
- Represents retailers against premises liability claims seeking damages for catastrophic injuries.
- Represents local and national employers involved in employment disputes, including nationwide FLSA collective actions, as well as state law wage and hour class actions.
- Represents local and national employers in litigation regarding enforcement of non-compete and non-disclosure agreements and non-solicitation agreements.
- Texas Rising Star - Personal Injury Defense, Thomson Reuters (2023)
- Legal 500 US, recommended lawyer, The Legal 500 (2023)
- Best Lawyers Under 40 - Energy & Natural Resources, D Magazine (2021)
- Jaworski Award for Pro Bono Excellence, Norton Rose Fulbright (2019)
Motions to Strike: Avoiding Pitfalls, 2023 FEWA Summit, Presenter
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 four young children, attend Watermark Community Church, where John and Emily have actively served in various ministries.
John is a proud graduate of Baylor University, a fourth generation Baylor Bear, and an avid supporter of all Baylor athletics and academics.