Frederick G. Herold, an experienced litigator and former Assistant U.S. Attorney, has been called upon by major corporations for more than 25 years to litigate complex commercial matters and to help them navigate their way through high-stakes internal and external investigations.
He has successfully litigated matters involving the False Claims Act, shareholder derivative claims, licensing disputes, breach of fiduciary duty claims, class actions and consumer fraud claims filed in more than 25 state and federal courts.
Mr. Herold has obtained successful litigation outcomes and settlements for his clients (both as plaintiffs and defendants) against adversaries including state Attorneys General, the U.S. Department of Justice, the plaintiffs’ class action and securities bars and other major corporations.
Mr. Herold has also conducted many significant internal investigations for technology, pharmaceutical, clinical laboratory and media clients, including in matters involving shareholder derivative claims and inquiries from governmental agencies in the United States and abroad.
From 1987-1991, Mr. Herold served as an Assistant U.S. Attorney for the Eastern District of Pennsylvania in the Criminal Division, where he routinely tried federal criminal cases to a jury and argued a number of appeals before the Third Circuit. Before that, Mr. Herold clerked for a federal district court judge in Washington, D.C. and then practiced for about two years at a major firm in Washington.
- Harvard College, A.B., 1978, cum laude
- University of Pennsylvania Law School, J.D., 1983, cum laude, Comment Editor of the University of Pennsylvania Law Review
- United States Court of Appeals for the Third Circuit
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Central District of California
- United States District Court for the Northern District of California
CLERKSHIPS : United States District Court for the District of Columbia, Honorable Thomas A. Flannery
- Airbnb: In 2016, Mr. Herold and his Dechert team were retained by Airbnb as part of the company’s effort to improve its processes and platform in order to prevent intentional and unintentional discrimination by U.S. Airbnb “hosts” against potential Airbnb “guests” on the basis of the guest’s race, national origin or sexual orientation.
- Jon Corzine: Mr. Herold, along with several Dechert colleagues, represented former New Jersey Senator and Governor Jon Corzine in a series of lawsuits that followed the collapse of MF Global, for which Mr. Corzine served as CEO, that were filed by government regulators, former customers and MF Global’s bankruptcy trustee.
- Independent Committee of Hewlett-Packard’s Board: Mr. Herold and the firm were retained by an Independent Committee of HP’s Board (which included the Chairman) to represent the Committee in an investigation of certain shareholder derivative claims and demands concerning the termination of Mark Hurd, HP’s former C.E.O., and the Board’s oversight of FCPA compliance matters and other compliance issues.
- Mr. Herold has conducted confidential internal investigations and reviews for GlaxoSmithKline, Microsoft, the audit committee of the Board of Marvell Semiconductors, and other major corporations, and has also represented individuals in connection with government investigations focused on the conduct of their corporate employers.
- While in Philadelphia, Mr. Herold also represented The Philadelphia Inquirer, the Philadelphia Daily News (in a case that was tried to a state-court jury and settled for nuisance value while the jury was deliberating), ABC, HBO, and Fox in media defamation cases, internal investigations and related matters.
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