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, as well as arbitrations, 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 catastrophic losses to facilities and accidents involving catastrophic injuries or fatalities.
John regularly assists clients in investigating, litigating, and resolving high-exposure cases involving products, transportation, trucking, premises liability, and insurance-related disputes where individuals are seeking significant awards for property and business losses, injuries or fatalities. He regularly defends companies against claims filed by employees, sub-contractor employees, and third-parties for catastrophic events.
John has extensively litigated sub-contractor cases on behalf of clients engaged in construction or other capital improvement projects, and routinely defends and prosecutes claims involving contractual indemnity and contractual insurance procurement obligations. 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 prepare and implement independent contractor agreements to include enforceable contractual indemnity obligations, and to mitigate risk and litigation exposure.
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 has significant 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 risks 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 has also assisted clients in navigating audit proceedings by the U.S. Department of Labor, including responding to investigations and overseeing employee interviews by government investigators.
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 or settlements, including the following representative matters:
- Lead trial counsel in a case arising from a catastrophic trucking collision alleging severe and permanent injuries. Following a six day trial, the jury returned a complete defense verdict.
- Member of litigation team that 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 remaining claims in the face of summary judgment proceedings.
- Led litigation team in defending catastrophic burn case arising from a "frac" tank explosion. Following favorable settlement with the named Plaintiff, successfully prosecuted claims against the client's sub-contractors for contractual indemnity and breach of insurance procurement obligations under contractor service agreements, resulting in a seven-figure settlement on the eve of trial for settlement amounts paid and a recovery of client's attorney's fees.
- Led litigation team in defending natural gas pipeline operator against claims for catastrophic injuries following a motor vehicle collision allegedly caused by a dangerous condition created by oil and gas client's sub-contractors in a state highway. Secured a favorable settlement of these claims and complete indemnity on behalf of clients.
- Led litigation team in defending natural gas pipeline operator against claims for severe burn injuries arising from pipeline explosion. Secured a favorable settlement of these claims and complete indemnity on behalf of clients.
- Lead counsel assisting reinsurer in contract collecting return commissions improperly withheld under reinsurance agreement.
- Member of trial team that secured a take-nothing jury verdict in federal district court on behalf of nationwide independent mortgage bank in an employment lawsuit asserting 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. The jury rejected all of the plaintiff's claims, and awarded the defendants damages and punitive damages based upon the plaintiff's own wrongful and bad faith conduct.
- 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 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.
- Represents international rental entity in connection with defending against lawsuits arising from catastrophic transportation accidents, including fatalities and other catastrophic injuries often seeking eight- and nine-figure damages awards.
- Lead counsel assisting international retailer in defending 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-competition and non-disclosure agreements, non-solicitation agreements, fiduciary duties, and other employment-related matters.
Additionally, John has handled and tried cases to jury verdict concerning personal injuries and first-party insurance claims, construction defects, and other insurance-related litigation, including 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.