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   3David A. HermanSpringfield(217) 525-1571dherman@giffinwinning.comdherman@giffinwinning.comGiffin Winning Cohen & Bodewes PCwww.giffinwinning.comwww.giffinwinning.comhermandavid.jpgCommercial LitigationElection, Political & Campaign LawGovernmental, Municipal, Lobbying & Administrative LawTrust, Will & Estate Planning Law
David A.
Giffin Winning Cohen & Bodewes PC
1 W Old State Capitol Plz Ste 600
Springfield IL 62701
Ph.(217) 525-1571 Fx.(217) 525-1710
Recommended by peers in:
Commercial Litigation
Election, Political & Campaign Law
Governmental, Municipal, Lobbying & Administrative Law
Trust, Will & Estate Planning Law
Advisory Board Member
County:  Sangamon
Litigator:  Yes

Practice Description:  
Mr. Herman is an experienced litigator who will represent you in a serious, aggressive and professional manner. He has successfully represented clients in complex civil litigation in both state and federal courts. He has also negotiated favorable settlements in alternative dispute resolution proceedings. He has gained extensive experience and has a strong background in a diverse range of cases from insurance, tort, personal injury, wrongful death and products liability matters to construction and commercial litigation.

Notable Cases and Results:  
State of Illinois Procurement Contract Litigation:
Successfully defended a challenge to the award of a $2 billion state contract.
Product's Liability Litigation:
Successfully defended a punitive nationwide class action lawsuit with claimed damages in excess of $550 million.
Successfully defended a manufacturing company in a dispute following the death of an employee.
Bankruptcy Litigation:
Routinely represents chapter 7 bankruptcy trustees in litigation.
Successfully represented a bankruptcy trustee in an action that resulted in the denial of discharge to a debtor claiming debts exceeding $12.5 million.
Successfully represented a client challenging the fraudulent discharge of an unsecured debt in excess of $180,000.
Successfully represented a corporation challenging dischargability of a $2.3 million debt.
Commercial Litigation:
Successfully defended a subsidiary of a major healthcare business in an action arising from an asset acquisition. The $5 million claim involved allegations of RICO violations, unfair trade practices, trademark infringement, unfair competition, unjust enrichment, conversion, defamation, and breach of contract.
Successfully obtained an injunction for a Canadian natural gas company preventing a competitor from utilizing a similar name.
Tax Litigation:
Represented a municipality against a corporation challenging the imposition of $2.3 million in property taxes on a natural gas storage system.
Represented the Illinois Secretary of State in a $4.6 million franchise tax dispute against a national railroad.
Insurance Coverage Litigation:
Represented an aircraft owner in a $1 million insurance coverage dispute following an aircraft crash and death. Coverage was obtained for the client's loss.
Personal Injury Litigation:
Prior to the initiation of litigation, negotiated a $500,000 policy limits settlement on behalf of clients injured in a highway collision.
Prior to the initiation of litigation, negotiated a $100,000 policy limits settlement on behalf of injured clients seeking reimbursement pursuant to an uninsured motorist policy. Subsequently defended and preserved the award from the employer's claimed subrogation rights.
Secured a lucrative settlement in a wrongful death action resulting from the collision of a car and a train.
Property Damage Litigation:
Prior to the initiation of litigation, negotiated a $341,000 settlement with the construction company that improperly installed a heating unit that destroyed the insured property.
Warranty Litigation:
Defended a business owner in a claim for $225,000 asserting breaches of express and implied warranties. The client was dismissed from the case.
Replevin Litigation:
Successfully represented the family of baseball legend Ted Williams in an action to stop the internet auction of a historic baseball that was autographed in the 1940's by Babe Ruth and stolen from Ted Williams in the 1980s. The baseball was recovered and returned to the Williams family.
Municipal Law:
Currently serving the City of Springfield as a hearing officer for parking code violation disputes.
Represented a municipality in a $500,000 dispute with an international corporation.
Constitutional Litigation:
Represent savings and loan, banks, credit unions and mortgage broker?s state wide associations against state official and constitutional officers in their collection and use of millions of dollars in regulatory fees collected from financial institutions.
Construction Litigation:
Successfully challenged the fraudulent filing of a mechanic?s lien and defended a business owner against breach of contract claims asserted by the general contractor.
Successfully resolved a dispute between a contractor and a municipality prior to the initiation of litigation.
Successfully represented numerous clients in construction disputes.
Illinois Election Law:
Has a thorough working knowledge of the Illinois Election Code, specializing in the area of campaign disclosure and nomination procedures and rules.
Currently serves the State of Illinois as a hearing officer for the State Board of Elections, presiding over election code violations and disputes.
Employment Litigation:
Defended an international corporation in a compensation dispute claim filed by two former employee.
Successfully defended a chain of stores against claims made by its assistant managers for unpaid overtime.
Successfully negotiated severance packages for employees leaving their employment.
Mediation and Arbitration Matters:
Served as the mediator in a dispute between a financial lending company and an investment partnership that defaulted on a $7.6 million loan.
Served as an arbitrator between parties involved in motor vehicle accidents.
ERISA Litigation:
Successfully defended a business owner in an ERISA action brought by a local operators? union seeking damages for an alleged failure to make proper ERISA contributions.
Lottery Assignment Litigation:
Represents a corporation that purchases lottery assignments; has successfully obtained court orders approving more than 20 assignments.

Bar Admissions:  
U.S. District Court
Southern District of Illinois
Central District of Illinois
Northern District of Illinois
U.S. Court of Appeals, 7th Circuit
U.S. Supreme Court

Year of Birth:  1966

Law School:  Northern Illinois University College of Law,J.D., 1992
Law School Honors/Involvement:  Magna cum laude; lead articles editor, Northern Illinois University Law Review

Undergraduate School:  Illinois State University, B.S., 1989
Undergraduate School Honors/Involvement:  Cum laude

Employment History:  
United States District Court for the Central District of Illinois, Summer Clerk for Hon. Richard Mills, 1990
Illinois Circuit Court, Student Judicial Clerk for Hon. Thomas Hornsby, 1992
Illinois Air National Guard, 183rd Fighter Group, Combat Arms Training and Maintenance, 1986-1995

Bar/Professional Association Involvement:  
Illinois State Bar Association
- Served on Young Lawyers Committee
- Served as Illinois Young Lawyers Delegate To American Bar
- Association Annual and Mid Year Meetings
- Served as Chair of Downstate Education Subcommittee (1999
- Federal Civil Practice Committee
Sangamon County Bar Association
- Second Vice-President 2006-Present
- Secretary, 2004-2005
- Young Lawyers Division, President, 2001
Leadership Springfield
- Former Board Member
- Chairman 1998-1999
- Vice-Chairman, 1997-1998
Bar Association of the Central and Southern Federal Districts of Illinois
- Rules Committee
American Inn of Courts, Lincoln-Douglas Chapter
- Member

Community Involvement:  
Springfield Business Journal - "Forty under 40" Award - 2002
Softball Coach
Soccer Coach
Dana Thomas House
- Member of Board of Directors
FBI Citizen's Academy Program
-Graduate Class of 2005
FBI Springfield Division Citizen's Academy Alumni Association
- Board Member
- Legal Counsel
Route 66 Events, Inc.
- Former Board Member
Springfield Historic Sites Commission
- Former Board Member
Fifth Street Renaissance Transitional Homeless Shelter
- Former Board Member
Downtown Springfield, Inc.
- Former Member
- Membership Committee
Evening Republicans Club
- Former Member
Sangamon County Young Republicans
- Former Member
Springfield Chamber of Commerce
- Former Member
- Past Small Business Person Awards Judge
- Past Member, Small Business Council

Published Legal Writing:  
Illinois chapter, "Products Liability," 50 State Handbook (West 1994).
"Rutan v. Republican Party of Illinois and Patronage Employment Practices: Clarification or Confusion?" 11 N. Ill. U. L.Rev. 355 (1991)

Legal Lectures:  
"SIU School of Medicine Mock Trial," Southern Illinois University School of Medicine
"Down-State Bridge the Gap Program," Illinois State Bar Association, Young Lawyers Division Council

Map to Office:   Click here to view map

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