EXPERIENCE

Mr. Herzog has substantial trial experience and has argued appeals and handled all phases of pre-trial and trial work in federal and state courts throughout the country.  He also has extensive experience representing clients before arbitral tribunals and working with clients to resolve their disputes through mediation.

Mr. Herzog's recent work includes:

• Representing Becton Dickinson in direct and indirect purchaser antitrust class actions, and competitor lawsuits, alleging monopolization, exclusive dealing, and bundled discounts.
• Representing Viacom in disputes arising from its acquisition of a video game maker.  
• Representing the MTA in its defense of claims alleging violations of the dormant commerce clause, and the right to travel, under the United States Constitution.  
• Representing Schering-Plough in two separate patent infringement lawsuits.  
• Representing Toshiba in a series of arbitrations concerning the payment of royalties under licenses for the use of patented technology.  
• Representing TCL in an international arbitration concerning the licensing of patented technology.  
• Representing Nielsen in an arbitration resulting in the successful termination of the adversary's license agreement with the client.
• Representing Citibank at trial in its successful defense of claims brought by Parmalat.

Examples of other cases Mr. Herzog has handled include the representation of music publishers in the defense and prosecution of claims alleging copyright infringement; a consumer products company in a trademark case involving a skin cream; a major cruise line in class action lawsuits brought in eight different states challenging the manner in which the cruise line charged its passengers; a large broker-dealer in claims arising from the 1993 bombing of the World Trade Center; a Japanese maker of turbines in a dispute involving the failure of an electrical generator in China; a New York investment bank in a lawsuit to enforce a contract for the sale of bank debt; a New York real estate developer in a partnership dispute involving the construction of a Manhattan office tower.

Mr. Herzog has also successfully represented, on a pro bono basis, two death-sentenced inmates challenging death sentences in Texas and Nevada and currently represents a death-sentenced inmate in Alabama. He was awarded the New York City Bar Association's Thurgood Marshall Award in 1998 and again in 2008, for his work representing death-sentenced inmates.

Mr. Herzog served as articles editor for the New York University Law Review.