Sidney N. (Skip) Herman
Bartlit Beck Herman Palenchar & Scott LLP, 1993-Present, Managing Partner
As Managing Partner:
Counseling on all firm litigation matters.
Assist in settlement strategy and negotiations on primary firm matters.
Featured speaker on matters of law firm economics, particularly the insidious
impact of hourly billing on the modern practice of law.
Kirkland & Ellis, Equity Partner, Litigation Department, 1978-1993
Cases tried or otherwise taken to judgment
United Technologies/Pratt & Whitney
Coordinated defense of antitrust trial seeking $1B in damages. Four month trial. Defense verdict.
E.I. du Pont de Nemours and Company
Counsel to company in sensitive $5B joint venture negotiations.
University of Pennsylvania
Lead counsel in patent claims over Magnetic Resonance Imaging technology against General Electric.
Four-week jury trial in defense of securities fraud class action in Wilmington, Delaware. Defense verdict.
Dun & Bradstreet, Inc.
Representation of Dun & Bradstreet in defense of defamation claims arising from inaccurate credit reports in Sacramento, Spokane, Fort Worth, Chicago, Denver, and Alexandria, Virginia. All cases won with jury or at appellate level.
Brought fifteen suits in federal courts to enjoin misuse of D&B's Credit Reference Book and database of business information. All resulted in injunction in favor of client.
Assisted in ten-week trial in defense of antitrust claims, secured defense verdict, won copyright counterclaim. Case described in The Trial lawyers, St. Martin's Press, 1988, pp.1-40.
Trial counsel in litigation involving potential sale of trade secrets by Miles scientists to Taiwan. Summary judgment granted for client.
Other representative cases
United Technologies/Pratt & Whitney
Representation of United Technologies in $250 million antitrust action involving market for noise reduction alternative for jet engines.
Representation of United Technologies in patent infringement and trade secret action involving reactive metal thermal coating, specifications and blueprints for jet engine components.
Representation of Pratt & Whitney Canada in series of actions alleging defects in client's turboprop engines.
NL Industries, Inc.
Primary responsibilities in proxy contest to acquire control of Lockheed Corporation. Responsible for shareholder contacts, press relations, and campaign support.
Lead counsel in defense of claim by factory workers that they developed silicosis by breathing chemicals manufactured by NL. Claim withdrawn for nominal damages.
General coordination of 40+ cases handled by Kirkland & Ellis for NL.
Todd Shipyards Corporation
Advisor to shareholder group that took control of NYSE concern in 1991.
General corporate litigation counseling.
Invited to join Board of Directors.
American Steel Wool/Global Material Technologies
Corporate counsel on all litigation and counseling matters for largest United States industrial steel wool manufacturer.
Chief counsel in acquisition of NYBCO, Inc., a public company purchased out of bankruptcy.
Victory for client in three trials in series of actions to enforce noncompete agreements and tortious acts by former salesmen.
Bayer, A.G./Miles Laboratories
Counseling on mass tort litigation
Lead counsel in trade secret theft litigation over taking of protected diagnostic formulas to Taiwan.
Representation of the Ames medical diagnostic products division, including handling sensitive internal investigations.
Dominick's Consumer Class Actions
Argued and won interlocutory appeal. Settled for coupon credit, no cash payment. (Denis, et al. v. Dominick's).
Chief counsel for large Chicago food chain in five separate consumer class actions involving various substantive claims. (Geary, et al. v. Dominick's)
Request to enjoin client's method of charging for tax on medical appliances denied after TRO hearing. Argued and won interlocutory appeal. Settled for coupon credit, no cash payment. (Lusinski, et al. v. Dominick's)
Meat fraud class action settled for coupon credit. Case described in Prime Rip, by Wayne Swanson (Prentice-Hall, 1982), pp. 208-236. (Harris, et al. v. Dominick's)
Fraudulent sweepstakes claim withdrawn by class representative after year of litigation.
Landmark antitrust case holding that intra-corporate activities cannot violate Section 1 of the Sherman Act. On brief in Seventh Circuit and U.S. Supreme Court. (Independence Tube v. Copperweld)
Acknowledgements, presentations, and publications
"Quality versus Cost: An Alternative Growth Strategy for Today's Law Firms," Inside the Minds: Strategies for Growing a Law Firm, Aspatore Books, 2011
- Haverford Alumni Magazine
- The American Lawyer