honors + affiliations
Member, New York State Bar Association
Member, Association of the Bar of the City of New York
Staff Member, Journal of International Economic Law
Listed, "Rising Star," New York Super Lawyers (2011)
- New York
Brian A. Herman is a partner in Morgan Lewis's Litigation Practice. Mr. Herman focuses his practice primarily on working with financial institutions, including banks, broker-dealers and investment advisors, and other complex businesses. He regularly works with clients facing civil litigation in state and federal court, including class actions. He also works with clients facing examination before regulatory bodies—such as the Securities and Exchange Commission, self-regulatory organizations, and state regulators—and in matters concerning internal examinations and the enhancement of business practices. Mr. Herman has represented clients in litigation and regulatory matters concerning collateralized debt obligations (CDOs), mutual funds, bank deposit sweep programs, mortgage servicing, and foreclosure. In 2011, Mr. Herman was selected by Super Lawyers as a Rising Star in the New York Metro Bar in the area of Securities Litigation.
Some of Mr. Herman's recent significant matters include:
- Obtaining dismissal on behalf of a CDO collateral manager in a fraud action.
- Representing a large financial institution in connection with a significant corporate crisis.
- Representing a broker-dealer in a nationwide class action concerning mutual fund revenue sharing.
- Representing an investment advisor in civil fraud action arising out of devaluation of a hedge fund portfolio.
- Obtaining dismissal on behalf of a broker-dealer and bank in a nationwide class action challenging disclosures concerning bank-deposit sweep programs.
- Representing public companies and financial institutions in class action litigation arising out of mergers and acquisitions.
- Representing issuers and an individual in class actions and derivative lawsuits concerning alleged stock option "backdating."
- Representing broker-dealers in regulatory matters concerning sales practices.
- Representing multiple financial institutions in coordinated class action litigation concerning initial public offering underwriting practices.
- Representing a large retailer in a Fair and Accurate Credit Transactions Act class action.
- Representing various clients in matters concerning alleged breaches of contract and torts.
Prior to joining Morgan Lewis, Mr. Herman served as a law clerk to Judge Ruth Abrams of the Massachusetts Supreme Judicial Court.
In conjunction with the firm's pro bono program, Mr. Herman was seconded to the City of New York Law Department in 2002, where he tried numerous tort cases.
Mr. Herman received his J.D., cum laude, from the University of Pennsylvania Law School in 1998, where he was a member of the Journal of International Economic Law. He received his B.A., summa cum laude, from Brandeis University in 1995.Mr. Herman is admitted to practice in New York.
- University of Pennsylvania Law School, 1998, J.D.
- Brandeis University, 1995, B.A.