Overview

Danielle K. Herring focuses her practice on a variety of employment litigation matters as well as client counseling.

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 has obtained dismissals and summary judgment awards in favor of employers and employee benefit plans in a variety of ERISA wrongful denial of benefits and breach of fiduciary duty cases across the country.

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 represents employers in federal and state courts and 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.

She regularly counsels employers on issues involving federal, state and local statutes and regulations, as well as the common law. She has represented employers in administrative charges, litigation and disputes related to:

  • Discrimination on the basis of age, race/color, sex, national origin, religion, and disability
  • Retaliation
  • Harassment
  • The Employee Retirement Income Security Act
  • Wage and hour disputes
  • The Family and Medical Leave Act

Danielle also serves as co-chair of ‘Ohana, the firm’s affinity group for attorneys of Asian, South Asian, Pacific-Islander, Middle Eastern, and North African descent. In addition, she is on the steering committee for the firm’s Women’s Leadership Initiative.

 

Professional & Community Affiliations

Member

American Bar Association

Member

Houston Bar Association

Member

Asian American Bar Association of Houston

Member

State Bar of Texas

Fellow

Texas Bar Foundation

Dean

Delta Theta Phi Law Fraternity International

Baylor University School of Law

Council member

Labor & Employment Section

Houston Bar Association

2012-2015

Recognition

Named, Rising Star

Texas

Super Lawyers

2016-2017

Named, Rising Star

Texas Monthly Magazine

2012-2015

Named, Top Lawyer

Houstonia Magazine

2015

Books & Book Chapters

  • Employee Benefits Law, Third Edition, 2015 Cumulative Supplement, Contributing Author

Speaking Engagements

2018 Houston Employer Conference

Houston, TX

August 8, 2018

Closed Due to Inclement Weather - Best Practices for Addressing Employment Issues Following Natural Disasters

Houston, TX

October 24, 2017

Human Resource Law from A to Z

NBI Seminar, Houston, TX

May 2, 2017

2016 Houston Employer Conference

Houston, TX

August 11, 2016

Chutes and Ladders: Tips for Winning When Faced with Wage/Hour Challenges Under the FLSA

October 22, 2015

2015 Houston Employer Conference

Houston, TX

August 13, 2015

Hiring, Performance Management and Termination

Labor & Employment Webinar Series - Littler Mendelson and BB&T

September 18, 2014

The 2014 Houston Employer Conference

Houston, TX

August 14, 2014

Ethical Issues for Corporate Counsel

The 2013 Houston Employer Conference

Littler Mendelson, Houston, TX

August 22, 2013

The Shifting Landscape of Employee Benefits – Imperatives for 2012 and Beyond

Los Angeles, CA

October 11, 2012

The 2012 Houston Employer Conference

Houston, TXDallas, TX

August 2, 2012

Controlling Employee Personal Behavior in the Age of Social Media and Personal Technology

The 2012 Houston Employer Conference

Littler Mendelson, Houston, TX

August 2, 2012

Top Ten Mistakes Employers Make, and How to Avoid Them

2012 Annual Meeting - State Bar of Texas

June 14, 2012

The 2011 Houston Employer Conference

Houston, TX

August 11, 2011

Retaliation: How Do You Stop It, What Does It Mean and Why Are Claims Still Growing?

The Littler Mendelson Houston Employer Conference

Littler Mendelson, Houston, TX

August 12, 2010

The Lilly Ledbetter Fair Pay Act: How to Walk the Minefield

Houston, TX

June 30, 2009

Federal Discrimination Update – Recent Decisions of Interest from the Supreme Court and Fifth Circuit

Advanced Employment Law CLE - University of Houston, Houston and Dallas, TX

March 2009

Avoiding Employment Law Claims: Top Ten Ways to Avoid Getting Sued by Employees

University of Houston Law Foundation, Houston and Dallas, TX

June 2008

Don’t Say FMLA Unless You Mean It

Legal Update, Labor and Employment Section - Houston Bar Association

June 2006

Managing Human Resources: A Legal Perspective

University of Houston Continuing Education, Houston, TX

2006

Legal Fundamentals for Employers

Houston, TX

November 16, 2005

Top Ten HR Issues

Nonprofit Law Institute, Houston, TX

March 3, 2005

Education

  • J.D., Baylor University School of Law, 2003
  • B.A., Baylor University, 1998With Honors

Bar Admission

Texas

Courts

  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 9th Circuit