Stephen Herman

Partner
Telephone (504) 581-4892, Fax (504) 561-6024
Email Attorney

Steve Herman was born and raised in New Orleans, Louisiana, where he attended Isidore Newman School. He received a Bachelor of Arts degree from Dartmouth College, where he was awarded Citations of Excellence in the study of Milton and Shakespeare, and won the Eleanor Frost Playwriting Competition with his one-act play, The Phoenix Sleeps Tonight. Mr. Herman was then named Order of the Coif at Tulane Law School, where he graduated,Magna Cum Laude, in 1994.

After graduating from Tulane, Mr. Herman clerked for Justice Harry T. Lemmon of the Louisiana Supreme Court. He now practices law in New Orleans, with the firm of Herman Herman & Katz , LLC.

Developing a broad civil practice, Mr. Herman has handled everything from highway defect and products liability cases, to fire and flood loss cases, to attorney fee disputes and employment cases, to special appellate work before the Louisiana Supreme Court and other courts of appeal. He has recently focused on commercial, class action, insurance coverage and professional liability cases, representing both plaintiffs and defendants.

In 2010, he was appointed Co-Liaison Counsel for Plaintiffs in the BP Oil Spill Litigation. In re:Deepwater Horizon MDL No. 2170.

A fellow of the Litigation Counsel of America, LAJ Board Member, and State Delegate to AAJ, Mr. Herman also served as the President of the Civil Justice Foundation, a national non-profit organization dedicated to the support of grassroots organizations that protect workers, consumers, children, the environment, and access to the courts. Appointed to serve as a Hearing Committee Chairperson for the Louisiana Disciplinary Board, he has been named a Louisiana “Super Lawyer” in class actions and mass tort cases, and was a Finalist for TLPJ Trial Lawyer of the Year in 2005.

An adjunct professor in complex litigation at both Tulane Law School and the Loyola University School of Law, Mr. Herman has given numerous speeches on consumer fraud, tobacco, and managed care litigation; complex discovery, electronic discovery, and spoliation; preemption, privilege, trial preparation, deposition strategy, motion practice, legal ethics and professionalism, class actions, and complex litigation.

Mr. Herman is the author of America and the Law: Challenges for the 21st Century, first published by Austin & Winfield in 1998 and now available from Gravier House Press.

His works have been published in Winning Techniques of Successful Trial Attorneys, Tort Litigation, The Federal Lawyer, the Australian Products Liability Reporter, Sidebar, Louisiana Advocates, TRIAL Magazine and the Tulane Law Review.

Mr. Herman maintains a Legal Blog with updates on Class Action Law, Products Liability, ERISA Litigation, Spoliation and Electronic Discovery at www.gravierhouse.com.

He has also published three novels, The Gordian Knot, The Sign of Four, and A Day in the Life of Timothy Stone.

EDUCATION:

• Tulane University School of Law, J.D. Magna Cum Laude 1994
• Dartmouth College, B.A. 1991

MEMBERSHIPS:

Louisiana State Bar Association; American Bar Association; American Association for Justice – Chair State Delegates(2011-2012), NCA Board, Amicus Curiae Committee, Key-person Committee, AAJ Endowment Board and AAJ Press Advisory Board; Louisiana Association for Justice – Board of Governors, Council of Directors, Amicus Curiae Committee, Constitutional Litigation Committee, and Speakers’ Bureau; Civil Justice Foundation – Past President (2003-2004), Board of Trustees; Trial Lawyers for Public Justice – Board of Trustees, State Network Coordinator; Fellow, Litigation Counsel of America; Fellow, Louisiana Bar Foundation, Society of Legal Advocates (2014).

ACADEMIC APPOINTMENTS:

• Loyola Law School, Adjunct Professor: Advanced Torts Seminar: Class Actions (2005-present).
• Tulane Law School, Adjunct Professor: Advanced Civil Procedure: Complex Litigation (2009– present).

PROFESSIONAL APPOINTMENTS:

Louisiana Disciplinary Board – Lawyer Member, Hearing Committee (2008-2011), Attorney Chair (2011-present); Southeast Louisiana Legal Services, Board of Directors (2009-2011); Louisiana State Law Institute Code of Civil Procedure Committee, Sub-Committee on Multi-District Litigation (2009)

RECOGNITION:

Tulane University School of Law, J.D., Order of the Coif, Magna Cum Laude (1994); Finalist, Trial Lawyers for Public Justice – Trial Lawyer of the Year (2005); New Orleans City Business Leadership in Law Recipient (2010); A/V-rated, Martindale-Hubbell; Association of Trial Lawyers of America Wiedemann – Wysocki Award (2001, 2011); Civil Justice Foundation President’s Award (2001); Advocate, National College of Advocacy (1996); SuperLawyers Magazine for class actions and mass torts (2007-2012); Top 100 Trial Lawyers, American Trial Lawyers Association, Million Dollar Advocates Forum; Best Lawyers in America (2013-2014).

PUBLISHED WORKS:

America and the Law: Challenges for the 21st Century (Austin & Winfield, 1998), revised edition (Gravier House Press, 1999).
“HMO Litigation” Tort Litigation: Preparation and Tactics – 2000 and Beyond (West, 2003).
“Spoliation of Evidence” Civil Trial Practice: Winning Techniques of Successful Trial Attorneys (Lawyers & Judges Publishing, 2000), revised and reprinted in, Aircraft Accident Reconstruction and Litigation (Lawyers & Judges Publishing, 2003).
“Percentage Fee Awards in Common Fund Cases” Tulane Law Review Vol. 74, Nos. 5-6, p.2033 (June 2000).
“Evidence Preservation and Spoliation,” TRIAL Magazine, p.50 (September 2005).
“Federal Preemption: Geier and Its Implications” Louisiana Advocates Vol.XVI, No.1, p.8 (January 2001).
“The Use and Abuse of Privilege in Discovery” Australian Products Liability Reporter, Vol. 10, No.5 (June 1999).
“Understanding Spoliation of Evidence,” TRIAL Magazine, p.45 (March 2001).
“Review of In Defense of Tort Law,” TRIAL Magazine, p.86 (November 2001).
“Proposed Changes to Rule 23: Consulting with Practicing Attorneys,” Sidebar Vol. 3, No. 2, p.7 (Spring 2002),reprinted in The Federal Lawyer Vol. 49, No.8, p.14 (September 2002).
“Fighting Mandatory Arbitration,” Louisiana Advocates Vol.XVII, No.5, p.13 (May 2002).
“Roark v. Humana: What This New Decision Means for Your Medical Malpractice Cases Involving HMOs,” Louisiana Advocates Vol. XVIII, No. 1, p.8 (January 2003).
“TLPJ Urges Trial Lawyers to Fight Court Secrecy,” Louisiana Advocates Vol.XVII, No.6, p.13 (June 2002).
“Federal Court Upholds Rights of Plaintiffs Who Opted Out of Nationwide Class Action Settlement to Pursue Individual Claims,” Louisiana Advocates Vol. XVIII, No. 1, p.14 (January 2003).
“U.S. Supreme Court Rules Asbestosis Victims Can Recover Damages Based on Fear of Cancer,” Louisiana Advocates Vol.XVII, No.6, p.7 (June 2003).
“Being a Savvy Blogger,” Louisiana Advocates, p.12 (July 2007).
“How to Maximize the Advantages of E-Mail and Eliminate the Risks,” Louisiana Advocates, p.6 (August 2007)

REPORTED CASES:

Alliance for Affordable Energy vs. New Orleans City Council, No. 96-0700 (La. 7/2/96), 677 So.2d 424.O’Reilly and Griffith vs. Brodie, et al; PMIC, 975 S.W.2d 57 (Tex. App. 4th Dist. – San Antonio 1998), review denied, (8/25/98), 42 ATLA Law Reporter 264 (September 1999).Marchesani v. Pellerin-Milnor, 248 F.3d 423 (5th Cir. 2001); 269 F.3d 481 (5th Cir. 2001); ATLA Law Reporter, Vol. 46, p.240 (September 2003), and Louisiana Advocates Vol.XVIII, No.4 (April 2003), p.14.Scott v. American Tobacco, 795 So.2d 1176 (La. 2001); 830 So.2d 294 (La. 2002); 949 So.2d 1266 (La. App. 4th Cir. 2/7/07), writ denied, 973 So.2d 740 (La. 2008), cert. denied, 128 S.Ct. 2908 (2008); 36 So.3d 1046 (La. App. 4th Cir. 4/23/2010), writ denied, 44 So.3d 686 (La. 2010), cert. denied, 131 S.Ct. 3057 (2011).Bulot v. Intacoastal Tubular, No. 00-2161 (La. 2/9/01); 778 So.2d 583 (amicus curiae).Dumas v. Angus Chemical, No. 97-2356 (La. 11/14/97); 702 So.2d 1386.Sommers v. State Farm, No. 99-2586 (La. App. 4th Cir. 5/3/00); 764 So.2d 87.Schultz v. Texaco Inc., 127 F.Supp.2d 443 (S.D.N.Y. 2001); 308 F.Supp.2d 289 (S.D.N.Y. 2004); 2009 WL 455163 (S.D.N.Y. Feb. 24, 2009).In re Oil Spill by the Oil Rig Deepwater Horizon, 808 F.Supp.943 (E.D.La.2011). Bauer v. Dean Morris, 2011 WL 3924963 (E.D.La. Sept. 7, 2011). Oubre / Orrill v. Louisiana Citizens Fair Plan, 26 So.3d 994 (La. App. 4th Cir. 12/09/09); 38 So.3d 457 (La. App. 4th Cir. 4/21/2010), writ denied, 45 So.3d 1035 (La. 2010); 79 So.3d 987 (La. 2011); No. 0888 (La. App. 4th Cir. 4/21/2010). Andrews v. TransUnion Corp., 917 So.2d 463 (La. App. 4th Cir. 8/17/2005), writ denied, 926 So.2d 495 (La. 2006); MDL No. 1350.Bratcher v. National Standard Life, 365 F.3d 408 (5th Cir. 2004), cert. denied, 125 S.Ct. 277 (2004).Schafer v. State Farm, 507 F.Supp.2d 687 (E.D.La. 2007).Moeckel v. Caremark Inc., 385 F.Supp.2d 668 (M.D. Tenn. 2005).In re Managed Care Litigation, 150 F.Supp.2d 1330 (S.D.Fla. 2001).Lakeland Anesthesia v. Aetna U.S. Healthcare, 2000 U.S. Dist LEXIS 8540 (E.D.La. 6/15/00), Andrews Managed Care Litigation Reporter, Vol.I, Issue 13 (7/17/00) p.12.Mays v. National Bank of Commerce, 1998 U.S. Dist. LEXIS 20698 (N.Dist. Miss. 11/2/98), aff’d No. 99-60167 (5th Cir. 4/11/00).Jones v. Hyatt, No. 94-2194 (La. App. 4th Cir. 9/25/96), 681 So.2d 381 (appeal counsel).Delcambre v. Blood Systems, Inc., No. 2004-0561 (La. 1/19/05), 893 So.2d 23 (amicus curiae)

PRESENTATIONS & PAPERS:

“Removal by Preemption Under the Avco Exception…” Litigation at Sunrise, 1996 ATLA Annual Convention, Boston, MA (July 23, 1996).
“Spoliation of Evidence and Related Topics” Yours to Choose Seminar, LTLA, New Orleans, LA (December 28, 1996).
“The Use and Abuse of Privilege in Discovery” Litigation at Sunrise, 1998 ATLA Annual Convention, Washington D.C. (July 1998) and Yours to Choose Seminar, LTLA, Baton Rouge, LA (December 1998).
“Force-Placed Insurance: Banks’ Failure to Disclose” Last Chance Seminar, LTLA, New Orleans, LA (December 18, 1998).
“HMO Litigation” Winter Ski Seminar, LTLA, Aspen, CO (March 6, 2000) and Last Chance Seminar, Winning With the Masters, LTLA, New Orleans, LA (December 14, 2000).
“Class Action Litigation Against HMOs” 2001 ATLA Annual Convention, Montreal, Canada (July 17, 2001).
“Managing Complex Litigation for the Louisiana Paralegal” Institute for Paralegal Education, New Orleans, LA (July 9, 1999).
“Subrogation and Loss Recovery in Louisiana” National Business Institute, New Orleans, LA (March 24, 2000).
“Can We ‘Import’ Better Law in Personal Injury Cases?” LTLA Spring CLE Retreat, Orlando, FL (March 31, 2002).
“Case Evaluation and Other Pre-Filing Considerations” Tobacco Litigation Group, ATLA Annual Convention, Atlanta, GA (July 21, 2002).
“Proving Fraud in Tobacco Cases” ATLA Annual Convention, Atlanta, GA (July 21, 2002).
“Preparing and Taking Depositions for Use at Trial” STLA, New Orleans, LA (February 28, 2003) and LTLA A La Carte Seminar, New Orleans, LA (December 30, 2004).
“Trial and Post-Trial Motions: The Plaintiff’s Perspective” National Business Institute, New Orleans, LA (June 20, 2003).
“A Practical Framework for Class Action Litigation” ABA National Institute on Class Actions, San Francisco, CA (October 24, 2003) and Washington, D.C. (Nov. 7, 2003).
“Identifying Spoliation of Evidence Issues and Related Issues Surrounding the Preservation and Discovery of Electronic Data” National Business Institute, New Orleans, LA (March 30, 2004) and Lafayette, LA (December 2, 2004).
“Civil Discovery Sanctions: Dealing with Destruction: Preservation and Spoliation of Electronic Data and Other Evidence in Louisiana,” National Business Institute, New Orleans, LA (March 30, 2004) and Lafayette, LA (December 2, 2004).
“Plaintiff’s Personal Injury from Start to Finish” National Business Institute, New Orleans, LA (November 30, 2004) and New Orleans, LA (June 30, 2006).
“Litigating the Class Action Suit in Louisiana” National Business Institute, New Orleans, LA (January 7, 2005).
“Proposed Changes to the Federal Rules” Electronic Discovery Teleseminar (May 10, 2005) and, ATLA Annual Convention, Toronto, Canada (July 25, 2005).
“Recent Decisions Affecting E-Discovery” E-Discovery: Get Ready to Apply the New FRCP Changes, National Business Institute, New Orleans, LA (December 20, 2006).
“E-Discovery Procedures and Compliance with the New Rules” E-Discovery: Get Ready to Apply the New FRCP Changes, National Business Institute, New Orleans, LA (December 20, 2006).
“Conducting Forensic Analysis” E-Discovery: Get Ready to Apply the New FRCP Changes, National Business Institute, New Orleans, LA (December 20, 2006).
“E-Discovery Under the New Rules” LTLA A La Carte Seminar, New Orleans, LA (December 29, 2006).
“The E-Discovery Amendments to the Federal Rules: Panel Discussion – E-Discovery Practical Considerations,” Federal Bar Association, New Orleans Chapter (February 2, 2007).
“The E-Discovery Amendments to the Federal Rules: Panel Discussion – E-Discovery Ethics,” Federal Bar Association, New Orleans Chapter, (February 2, 2007).
“Class Action Reforms Post CAFA: Leverage the Reforms and Emerging Trends” Strafford Publications, CLE Teleconference (March 20, 2007).
“Electronic Evidence Symposium: New Rules, E-Discovery, Spoliation & Sanctions” New Orleans Bar Association, 2007 Bench Bar Conference, Point Clear, AL (March 30, 2007).
“Personal Injury Cases: Calculating and Proving Damages” National Business Institute, New Orleans, LA (October 16, 2007)
“Vioxx Litigation: History, Overview and Navigating Through the Settlement Process” AAJ Weekend With the Stars, New York, NY (December 8, 2007).
“E-Discovery: Applying the New FRCP Changes” National Business Institute, New Orleans, LA (December 13, 2007).
“Rethinking Depositions: Discovery vs. Trial” LAJ CLE A La Carte, Baton Rouge, LA, (December 27, 2007)