David M. Herzog

Full Profile

David Herzog focuses his practice on insurance coverage litigation, including bad faith, and on commercial litigation involving insurers in California and across the nation. In addition to his litigation practice, Dave provides strategic advice, guidance, and counsel to insurers on claims arising under commercial general liability, excess and umbrella, errors and omissions, and other types of policies. He also has experience handling complex commercial litigation, contract disputes, and class actions.

Previously, Dave served for nearly two decades as an Assistant US Attorney in Los Angeles and Spokane, where he was a Deputy Criminal Chief and Chief of Appeals and focused on human trafficking and child exploitation prosecutions.

Admissions

• California
• US District Court for the Central District of California
• US District Court for the Eastern District of Washington
• US Court of Appeals for the Ninth Circuit

Education

• J.D., cum laude, Georgetown University Law Center, 2002
• M.Phil., English Literature, University of Glasgow, 1998
• B.A., summa cum laude, English Literature, Loyola Marymount University, 1997

Memberships

• California Bar Association

Experience

• Lead trial counsel in prosecution of American child sex tourist who traveled to Cambodia three dozen times to sexually assault 9-year-old children; obtained a 70-year sentence.
• Lead trial counsel in prosecution of father who sexually abused his adopted child; obtained a 30-year sentence.
• Lead sentencing and appellate counsel in prosecution of a banker who made plans to meet, kidnap, and sexually abuse a child; obtained and sustained a 30-year sentence.
• Lead trial and appellate counsel in prosecution of a pimp who violently assaulted and trafficked women and girls; obtained and sustained a 20-year sentence.
• Lead trial and appellate counsel in prosecution of a drug dealer who sold significant quantities of guns and methamphetamine; obtained and sustained a 15-year sentence.
• Lead trial and appellate counsel in prosecution of a gamer who downloaded child pornography; obtained a 17-year sentence.
• Lead trial counsel in prosecution of gang-affiliated TSA screeners who transported large quantities of drugs through X-ray machines at Los Angeles International airport; obtained multi-year sentences.
• Lead trial counsel in prosecution of human trafficking ring that smuggled 8,000 aliens into the United States; obtained multi-year sentences.
• Trial counsel in prosecution of violent drug dealer who shot and hit an ATF agent; obtained a 35-year sentence.

Presentations

• “Protecting Victims and Cross-Examining Experts,” National Human Trafficking and Child Exploitation Conference, Columbia, South Carolina, 2025
• “Appellate Year in Review and Ethics in Sentencing,” Federal Criminal Law Conference, Richland, Washington, 2025
• “Recognizing and Preventing Human Trafficking,” Sacred Heart Hospital, Spokane, Washington, 2023
• “Combating Child Sex Tourism,” Northwest Internet Crimes Against Children Conference, Redmond, Washington, 2019
• “State and Federal Child Exploitation Investigations and Prosecutions,” Law Enforcement Continuing Legal Education Seminar, Moses Lake, Washington, 2018
• “Drafting Effective Search Warrants,” National Human Trafficking and Child Exploitation Conference, Columbia, South Carolina, 2017
• “Combating Child Sex Tourism,” National Internet Crimes Against Children Conference, Atlanta, Georgia, 2016
• “Bringing Successful Human Trafficking Prosecutions,” Human Trafficking Task Force Presentations, Los Angeles and Santa Barbara, California 2015-2016
• “Trends In Criminal Law,” Guest Speaker Panels, Pepperdine, USC, UCLA, and Loyola Law Schools, Los Angeles and Malibu, California, 2014-2016
• “Successful Human Trafficking Investigations and Prosecutions,” Training for Royal Thai Police, Bangkok, Thailand, 2011
• “American Asylum Law,” Featured Symposium Speaker, Seattle University Law School, Seattle, Washington, 2009
• “Immigration Law in the Tenth Circuit,” Federal Bar Association Continuing Legal Education, Oklahoma City, Oklahoma, 2004

Publications

• “Willing To Settle? Think Twice,” National Law Journal, with D. Battaglia & J. Poon, May 2006
• “Perjury,” American Criminal Law Review, Fall 2001