John R. Herring
Norton Rose Fulbright US LLP
Related services and key industries
John R. Herring joined the Dallas office in July 2013. John litigates and tries a wide variety of disputes in both federal and state courts, including complex business litigation and tort litigation involving catastrophic injuries and fatalities. John has significant experience in the areas of transportation, trucking, premises liability, and insurance-related disputes. He is regularly retained to represent companies against claims filed by employees, sub-contractor employees, and third-parties for incidents related to performance under construction, maintenance, or service contracts. In that arena, John has extensively litigated sub-contractor cases on behalf of companies, defending or pursuing contractual defense and insurance procurement obligations for his clients. John also advises clients on contractual agreements with employees and sub-contractors to help companies minimize risk and litigation exposure.
In addition to complex business and tort litigation, John has significant recent experience successfully defending wage and hour class and/or collective actions under the Fair Labor Standards Act (FLSA) and applicable state laws. John has assisted companies evaluating compliance with state and federal employment laws and regulations, reviewed and prepared employment documentation to mitigate companies' litigation exposure from class action litigation, and represents companies under audit by the US Department of Labor and other state agencies.
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 verdict, including the following representative matters:
- 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, secured a complete dismissal of all claims against client and secured complete indemnity from independent contractors and their insurers for all settlement proceeds demanded by the injured employee.
- 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 during construction project. Following assertion of statutory and other defenses, obtained complete summary judgment and dismissal of prejudice of eight claims against clients, and later voluntary dismissal of the lone remaining claim against clients.
- 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, securing nuisance value settlement on behalf of client.
- 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 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.
- Represented preeminent, nationwide natural gas transmission company seeking to enforce contractual defense, indemnity, and insurance obligations against global environmental services defendant. Defendants originally offered $0 to client and elected to try the matter to a jury. Following deposition discovery and motions for summary judgment, secured seven-figure settlement on behalf of clients.
- Assisted in securing multi-million dollar settlement of federal lawsuit filed on behalf of mineral interest owners for breaches of "Agreements to Lease" mineral acres executed by natural gas production company, including prosecution of causes of action for fraudulent inducement.
- Drafting enforceable defense and indemnity provisions to protect clients against claims for catastrophic injuries, facilities damage, or business interruptions caused by vendors, contractors and/or sub-contractors. John has successfully pursued legal defense costs and secured indemnification on behalf of his clients based upon agreements containing defense, indemnity, and insurance procurement obligations.
- 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 (plaintiff and defense), 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.