Danielle K. Herring

Danielle K. Herring is a trusted legal adviser to business owners, in-house counsel, and human resources professionals. Danielle is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has worked with clients for over two decades in nearly every facet of employment law – from advising employers on implementing legal requirements in the daily workplace, to assisting clients with drafting and revising employment policies and agreements, to representing companies in complex employment disputes. She partners with employers of all sizes and leverages her experience and insight to help clients effectively navigate employment-related risk while balancing business realities in an ever-changing legal landscape. 

Danielle 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. 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
• Employment torts
• The Family and Medical Leave Act
• Workers' compensation
• The Employee Retirement Income Security Act (ERISA)

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 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 has significant experience facilitating employee and management training on employment issues, such as employee performance management, discipline, terminations, discrimination and harassment prevention, retaliation, and investigations. She is also frequently consulted by clients to perform neutral investigations into employee complaints.

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.