ProfessionalsSteven C. Herzog
A counsel in the Litigation Department, Steve Herzog focuses on litigation and counseling in a broad range of complex business disputes and civil matters, with an emphasis on corporate governance, data privacy and cybersecurity.
Steve has substantial trial experience; he has argued appeals and handled all phases of pre-trial and trial work in federal and state courts throughout the country. Steve also has extensive experience representing clients before arbitral tribunals, in mediations and in corporate investigations.
DATA PRIVACY AND CYBERSECURITY
Steve has advised numerous clients concerning data privacy and cybersecurity issues that arise as a result of data breaches, in connection with acquisitions and other transactions, and in their day-to-day business. He also regularly consults with colleagues concerning data privacy, cybersecurity and e-discovery issues that arise in their practices, and represents the firm in connection with these issues.
- Advising technology focused companies regarding how current and future data privacy and cybersecurity laws and regulations may affect or require changes to their business models.
- Advising a large consumer products company concerning a sensitive data breach.
- Advising major financial services firms concerning their privacy and cybersecurity policies.
- Representing an internet advertising company in connection with an FTC investigation.
- Representing the acquirer of a company engaged in biometric identity confirmation.
- Representing the acquirer of a company engaged in tracking usage of apps on phones and other devices.
- Representing the acquirer of a company providing international cash transfer services.
- Representing the acquirer of a wifi service provider.
- Representing the acquirer of companies providing technical support to the military, and engaged in aviation security.
Steve’s business litigation experience includes representing:
- MacAndrews & Forbes in disputes arising from its investment in AM General, the manufacturer of the Humvee;
- Becton Dickinson in direct and indirect purchaser antitrust class actions, and competitor lawsuits, alleging monopolization, exclusive dealing and bundled discounts;
- Daiichi Sankyo in connection with a dispute concerning a pharmaceutical license;
- Viacom in disputes arising from its acquisition of a video game maker;
- the MTA in its defense of claims alleging violations of the dormant commerce clause and the right to travel under the U.S. Constitution;
- Avesta Technologies in a patent infringement lawsuit concerning network fault and event management software;
- Schering-Plough in patent infringement lawsuits concerning a vaccine and a medical device;
- Toshiba in a series of arbitrations concerning the payment of royalties under licenses for the use of patented technology;
- TCL in an international arbitration concerning the licensing of patented technology;
- Nielsen in a an arbitration resulting in the successful termination of the adversary's license agreement with the client; and
- Citibank at trial in its successful defense of multibillion-dollar claims brought by Parmalat.
Steve has also represented 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 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.
Steve has played a leading role in some of the most important civil rights issues of the day. He is currently serving as head of a court-ordered Plaintiff’s Steering Committee in the nationwide class action brought by the ACLU challenging family separations; his committee is charged with facilitating the reunification of thousands of families separated at the U.S.-Mexico border. He is also representing a group of plaintiffs challenging the Trump Administration’s Travel ban. Steve has also successfully represented inmates challenging their death sentences in Texas and Nevada, and currently represents inmates challenging their death sentences in Alabama and Texas.
Steve was awarded the New York City Bar Association’s Thurgood Marshall Award in 1998 and again in 2008 for his work representing death row prisoners.
Steve served as articles editor for the New York University Law Review.