Mark S. Hersh is deputy head of Reed Smith's Insurance Recovery Group. He joined Reed Smith when the firm combined with Sachnoff & Weaver. Mark concentrates his practice on the representation of policyholders who have disputes or potential disputes with their insurance carriers, with an emphasis on D&O, E&O, and other corporate and management liability insurance. He also represents clients in connection with fidelity bond coverage and counsels policyholders on insurance coverage outside the dispute context.
Mark is an experienced trial and appellate lawyer. Prior to joining Sachnoff & Weaver in 2000, Mark spent nearly nine years as a federal prosecutor with the U.S. Attorney's Office in Chicago, receiving the Director's Award for Superior Performance as an Assistant U.S. Attorney.
Representative Matters
Assisted an international communications services provider in coverage disputes with D&O and fiduciary carriers.
Obtained coverage for settlements of securities and derivative actions against an industry leader in defense and government electronics and technology and its directors and officers.
Coverage counsel to a major financial institution on E&O and fidelity bond issues.
Advised members of Board of Directors of prominent entertainment company regarding D&O insurance issues pertaining to derivative action filed against them.
Assisted a national operator of electricity and natural gas distribution utilities to obtain recovery under its D&O policy for settlement of underlying litigation.
Publications
"Clarifying the 'Disgorgement' Coverage Dispute: When Does an Insured's Loss Represent Disgorgement of Improper Gain?" Risk & Insurance, July 2007
"Payback Time: When Does an Insured's Loss Represent Disgorgement of Improper Gain?" ABA Committee on Insurance Coverage Litigation magazine, Coverage, May/June 2007
"D&O Insurance: Ask Now, Sleep Later," co-authored with Carolyn Rosenberg, Corporate Board Member Magazine, September/October 2005
Speeches / Presentations
"Bad Faith: Avoiding It, Spotting It, Litigating It." Presented at the American Bar Association's Tort Trial & Insurance Practice Section and the American Insurance Associations Emerging Litigation and Regulatory Developments in Insurance Law Symposium in Chicago, November 2007
"Payback Time: When Does An Insured's Loss Represent Disgorgement of Improper Gain?" ABA Section of Litigation 2007 Insurance Coverage Committee CLE Seminar
Keynote speaker at a seminar entitled, "The Introduction of Anglo Saxon Litigation Procedures in the Netherlands," presented by student members of the D.J. Veegens fraternity at Erasmus University in Rotterdam, April 2005
Instructor, Appellate Advocacy, Department of Justice Advocacy Institute, 1997-2000
Experience
2007 Reed Smith
2000 Sachnoff & Weaver (combined with Reed Smith in 2007)
1991 Assistant U.S. Attorney, Criminal Division, Chicago
1986 Wilmer, Cutler & Pickering
1985 Wald, Harkrader & Ross
1983 Law Clerk, the Honorable Joel M. Flaum, U.S. Court of Appeals for the Seventh Circuit, Chicago
Legal Education
1983 J.D., Stanford University
Undergraduate Education
1980 B.A., summa cum laude, University of Illinois at Urbana-Champaign
Bronze Tablet
Phi Beta Kappa
Professional Admissions / Qualifications
Illinois
Interests
Mark won the Illinois/Chicago Screenwriting Competition, 2000.