Photo of Mark D. Herman

Mark D. Herman

Mark Herman is co-chair of Covington’s Insurance Recovery practice, which Chambers USA has described as “the pinnacle of policyholder representation across the USA.” Mark advises companies on insurance coverage and represents them in coverage litigation against their insurers.

Mark has helped clients recover hundreds of millions of dollars for a variety of losses and liabilities, including products liability and mass tort litigation (including relating to asbestos, talc, PFAS, and medical devices), securities litigation, professional liability claims, property losses and business interruption, and cyber events. He has successfully advised clients on claims under a wide range of insurance policies, including general liability, directors and officers liability (D&O), professional liability or “errors and omissions” (E&O), property, cyber, political risk, representation and warranty (R&W), aviation, and trade credit policies. Mark’s clients have included companies in the life sciences, financial services, energy, and defense and aerospace sectors, private equity firms and their portfolio companies, non-profits, and individuals.

Mark has successfully represented clients in trial and appellate litigation, including arguing and winning motions for summary judgment on key coverage issues. He also helps clients successfully resolve insurance claims without litigation by navigating the insurance claim process and counseling clients in settlement negotiations and mediation. Mark also advises clients on insurance and risk management issues, including policy placements.

For his successful representation of his policyholder clients, Mark has been recognized by Law360 as an “Insurance MVP” and a “Rising Star.” He has also been recognized in AmLaw’s “Litigator of the Week” column.

Last week, California Governor Jerry Brown signed the Clean Energy and Pollution Reduction Act of 2015.  The law establishes ambitious energy efficiency and renewable energy goals for California, including increasing from 33% to 50% the procurement of California’s electricity from renewable sources and doubling the energy efficiency savings through…
Continue Reading California Enacts Law Requiring 50% Renewables By 2030

In a notice published in the Federal Register earlier this week, the Commodity Futures Trading Commission (“CFTC”) again reopened the period to comment on its proposed position limits and aggregation rules, in light of questions posed at an Agricultural Advisory Committee meeting in December.  The CFTC’s proposed rules, which we…
Continue Reading CFTC Reopens Comment Period for Position Limits

On December 30, 2014, the California Office of Administrative Law approved permanent regulations issued by that state’s Department of Conservation, Division of Oil, Gas and Geothermal Resources (“Division”) governing fracking.  The regulations follow the Division’s final interim regulations (effective January 1, 2014), which we discussed here, and further implement…
Continue Reading California Finalizes New Fracking Regulations