David A. Herman
Partner | New York
David A. Herman

David A. Herman is a partner in Dechert’s financial restructuring group and a member of the litigation practice. His practice focuses on representing debtors, official and ad hoc committees, creditors, asset acquirers and other interested parties in chapter 11 bankruptcy cases, cross-border insolvency matters, out-of-court restructurings, and restructurings of sovereign and governmental debt. He also has extensive experience in commercial litigation matters, including securities litigation, shareholder derivative litigation, mergers and acquisitions litigation, and other complex disputes.

Mr. Herman has devoted a significant portion of his practice to representing Latin American parties and handling matters arising in Latin America. His experience in that area includes representing sovereign and commercial actors in restructuring and litigation matters and representing parties in connection with internal investigations and regulatory inquiries.

Mr. Herman is recognized for financial restructuring by The Legal 500 US and is named in the American Bankruptcy Institute (ABI)’s “40 Under 40” list for 2022.

Prior to joining Dechert, Mr. Herman was an attorney in the restructuring group and litigation department at another prominent law firm.

  • The PREPA Ad Hoc Group formed in connection with the Title III reorganization of the Puerto Rico Electric Power Authority (PREPA), one of several debtors in the Commonwealth of Puerto Rico Title III cases and related litigation. 
  • The Official Committee of Unsecured Creditors in the chapter 11 cases of LATAM Airlines Group and its affiliates.
  • Transform Holdco LLC before the United States Supreme Court in MOAC Mall Holdings LLC v. Transform Holdco LLC, no. 21-1270, arising out of the Chapter 11 bankruptcy proceedings of Sears, Roebuck and Co.
  • PG&E Corporation in connection with litigation and debtor-in-possession financing matters relating to PG&E’s reorganization proceedings under Chapter 11.
  • The Weinstein Company (TWC) and its affiliates in their chapter 11 cases and in connection with the sale of TWC’s assets to Lantern Entertainment.
  • The Republic of Argentina in connection with its 2016 sovereign debt restructuring and litigation brought by holders of its defaulted debt.
  • Wilmington Savings Fund Society, FSB, the indenture trustee of $350 million in bonds issued by Eletson Holdings Inc. (a Greek shipping company) in connection with litigation against Eletson for default under the bonds in the SDNY district court and involuntary proceedings commenced against Eletson in March 2023 in the SDNY bankruptcy court.
  • The Federal Emergency Management Agency (FEMA) and the U.S. Department of Treasury in connection with structuring and negotiating community disaster loans made available to Puerto Rico and the U.S. Virgin Islands at a time when Puerto Rico and a number of its instrumentalities had filed for bankruptcy relief under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
  • Stanley Black & Decker (SBD) on litigation and bankruptcy matters related to its acquisition of the Craftsman brand from Sears Holdings Corporation, including successfully representing SBD in arbitration proceedings related to the acquisition.
  • Big Lots and individual defendants in securities and derivative litigation alleging insider trading and misstatements regarding the company’s performance and prospects.
  • YPF S.A. in connection with claims by minority shareholders arising out of Argentina’s 2012 expropriation of a controlling stake in YPF.
  • PricewaterhouseCoopers LLP in lawsuits relating to AIG’s credit default swaps and the federal government’s 2008 support package.
  • PricewaterhouseCoopers Ireland in securities class actions involving investment funds that lost money in Bernard L. Madoff’s Ponzi scheme. 
  • Telia Company in connection with FCPA investigations by the SEC, DOJ and Swedish and Dutch authorities.
  • A consumer products company in a DOJ investigation into potential money laundering issues related to its operations in Venezuela.

Includes matters handled at Dechert or prior to joining the firm.

  • Cross-Border Case Law Updates — ABI's International Insolvency & Restructuring Symposium & Cross-Border Insolvency Program, Virtual Conference (November 18, 2021)
    • University of Pennsylvania, B.A., 2004, summa cum laude, Phi Beta Kappa
    • New York University School of Law, J.D., 2007, magna cum laude; Order of the Coif; Articles Editor, NYU Law Review
    • New York
    • Supreme Court of the United States
    • United States District Court for the Eastern District of New York
    • United States District Court for the Southern District of New York
    • United States Court of Appeals for the First Circuit
    • United States Court of Appeals for the Second Circuit
    • English
    • Spanish
    • American Bankruptcy Institute (ABI), Bankruptcy Litigation Committee
    • New York City Bar Association
    • New York American Inn of Court
    • United States District Court for the Eastern District of New York, Honorable Carol Bagley Amon