Danielle K. Herring

Danielle K. Herring focuses her practice on a variety of employment litigation matters as well as client counseling. She is board certified in labor and employment law by the Texas Board of Legal Specialization.

As co-chair of the firm’s Employee Benefits Litigation Practice Group, Danielle’s litigation practice includes specific experience defending plan sponsors, fiduciaries and claims administrators in a wide range of ERISA cases across the country, with a particular focus on fiduciary breach and denial of benefits claims filed under ERISA.

Danielle’s ERISA litigation and counseling experience includes the successful counseling and defense of benefit plans, their sponsors, their administrators and attendant fiduciaries with regard to:

• Claims that the plan and its fiduciaries improperly denied benefits
• Claims that the plan and its fiduciaries breached fiduciary duties in the management, operation and administration of benefit plans, including failure to properly and correctly communicate with plan participants regarding terms of a plan
• Claims that the plan and its fiduciaries inappropriately excluded certain periods of service and certain types of compensation in benefit calculations and determinations under the benefit plan
• Challenges to modifications and termination of plan benefits
• Enforcement of ERISA plan subrogation/reimbursement rights
• State law claims against employers that are preempted by ERISA

Danielle also vigorously represents employers in defending cases filed in federal and state courts.  Danielle’s representation extends to proceedings before administrative agencies, such as the Equal Employment Opportunity Commission, the Texas Workforce Commission, the Department of Labor, and the Occupational Safety and Health Administration.  Danielle litigates cases and counsels employers on issues involving federal, state and local statutes and regulations, as well as the common law. Her representation of employers in administrative charges, litigation and disputes extends to:

• Race/color, sex, national origin, religion, disability, and equal pay discrimination
• Harassment
• Retaliation
• Wage and hour disputes
• Employment torts
• The Family and Medical Leave Act
• Workers' compensation
• The Employee Retirement Income Security Act

Danielle is a member of Littler’s Board of Directors. She also serves on the steering committee for the firm’s Women’s Leadership Initiative, the Inclusion, Equity & Diversity Council, and the Associates Committee.