Jonathan M. Herman

Managing Member

Jonathan Herman

Comfortable before a jury and equally at ease in the boardroom, Jonathan M. Herman is a seasoned lawyer who has spent most of his legal career representing large health insurers, plan administrators, and self funded health plans in managed care disputes, often arising under the provisions of the Employment Retirement Income Security Act (“ERISA”). His Managed Care Litigation Update®, is widely read by in-house health plan counsel across the country, enabling them to better serve internal clients by tracking litigation trends and forecasting potential disputes.

Mr. Herman is admitted to practice in Texas, Louisiana and California, and in association with local counsel, handles cases throughout the United States.

He is on the Roster of Arbitrators for the American Arbitration Association and is a Neutral for the American Health Lawyers Association, presiding over disputes nationwide.

Mr. Herman is an avid woodworker, spending his free time building furniture in a fully equipped wood shop.

  • Obtained favorable jury verdict in two-week trial on provider’s claims. Among other things, the jury found the health plan was not arbitrary and capricious in denying the provider’s non-ERISA based claims.​
  • Along with counsel for other health plan defendants, obtained dismissal of hospital’s claims for additional reimbursement.​
  • Represented health insurer in defense of underpayment claims by long-term acute care facility.
  • Obtained summary dismissal of hospital’s claims on behalf of health insurer.

Arbitrator, American Arbitration Association
Neutral, American Health Lawyers Association

Member, American Bar Association, Health Law Section
Member, American Health Lawyers Association
Member, Dallas Bar Association, Health Law Section

  • 2012, Dallas Bar Association, Health Law Section, Chair
  • 2011, Dallas Bar Association, Health Law Section, Vice Chair
  • 2010, Dallas Bar Association, Health Law Section, Treasurer
  • 2009, Dallas Bar Association, Health Law Section, At Large Member
  • Juris Doctor, Certificate in Common Law and Civil Law, Loyola University New Orleans, Louisiana.
  • Bachelor of Business Administration, Major in Finance, Emory University, Atlanta, Georgia.
  • Building Better In-House and Outside Counsel Relationships: Industry Best Practices and Ethical Considerations: National Managed Care Institute: American Bar Association; December 7-9, 2021 (co-presenter).
  • Tales from Opposing Trial Lawyers on Managed Care Litigation, 34th Annual Texas Health Law Conference, October 11-12, 2021 (co-presenter).
  • Revelations from the First Set of Regulations on the No Surprises Act, American Bar Association Health eSource, September 22, 2021 (co-published).
  • Trends and Developments in Health Plan Coverage Disputes, ABA Journal, Health Law Section, August 30, 2021.
  • Building Better In-House and Outside Counsel Relationships: Industry Best Practices and Ethical Considerations: Forecasting COVID-19 Litigation Challenges for Managed Care, 12th Annual Managed Care Dispute and Litigation Conference: American Conference Institute: June 9-10, 2021 (co-presenter).
  • Ethical Considerations for Certain Fee Arrangements and Early Pleading Considerations in Payor/Provider Disputes: National Managed Care Institute: American Bar Association; November 17-18, 2020 (co-presenter).
  • Addressing Preemption Challenges in Healthcare Litigation: Recent Developments; ACA’s Reach in State Court Disputes Recent Developments: Managed Care Disputes and Litigation Conference: American Conference Institute; July 22-23, 2020 (co-presenter).
  • Cares Act and Patients Paying Surprise Billing, COVID Billing, Cash Payments, and More: American Health Law Association, July 1, 2020 (co-presenter).
  • Navigating New Risks and Litigation Challenges Facing Payors in the COVID-19 Context and Beyond: American Conference Institute; May 13, 2020.
  • Preemption Challenges in Healthcare Litigation: 11th Annual Managed Care Disputes and Litigation Conference: American Conference Institute, May 6-7, 2020 (co-presenter).
  • Additional Litigation Concerns Related to COVID-19: Managed Care Updates Related to COVID-19″ American Bar Association; May 5, 2020 (co-presenter).
  • What are Small/Medium Size Firms doing (and not doing) now to Prepare for Life After Coronavirus: April 1, 2020 (co-presenter).
  • Trends and Emerging Issues in Managed Care Litigation, AHLA In-House Counsel Program, June 24, 2018 (co-presenter).
  • Managed Care Disputes: Litigating Issues Involving Coverage, Payment Practices, and More, Strafford Webinar, June 12, 2018 (co-presenter).
  • ERISA Master Class: Dissecting the Key Elements for Managed Care Litigators, ACI’s Managed Care Dispute and Litigation Conference, May 18, 2018 (co-presenter).
  • Legal Ethics, Candid Conversation between In-house and Outside Plan Counsel, Strengthening the Attorney Client Partnership, 2018 Blue Cross National Summit, May 1, 2018 (co-presenter).
  • Emerging Issues and Trends in Managed Care Litigation, 19th Annual Conference on Emerging Issues in Healthcare Law, American Bar Association Health Law Section, February 23, 2018 (co-presenter).
  • Trends in Arbitration Disputes – Using Data to Resolve Payor-Provider Controversies, 19th Annual Conference on Emerging Issues in Healthcare Law, American Bar Association Health Law Section, February 22, 2018 (co-presenter).
  • Commercial & Healthcare Dispute Trends, Drafting Tips & Initiatives, Dallas Bar Association Health Law Section, December 12, 2017 (co-presenter).
  • Legal Ethics: Candid Conversation between In-house and Outside Plan Counsel – Strengthening the Attorney Client Partnership, American Health Lawyers Association, Institute for Health Plan Counsel, November 14, 2017 (co-presenter).
  • Payer Relations: Litigation Trends and Key Contracting Terms, Texas State Bar, Texas Health Law Conference, October 23, 2017 (co-presenter).
  • Trends and Emerging Issues in Managed Care Litigation, Dallas Bar Association, Health Law Section, May 17, 2017.
  • Mediation in Federal Court – A Panel Discussion on Procedures and Best Practices, Moderator, Dallas Bar Association, April 10, 2017.
  • Perspectives on ADR from the Bench: A Panel Discussion with [State Court Judges], Moderator, Dallas Bar Association, February 13, 2017.
  • Trends and Developments in Healthcare ADR, Moderator, Dallas Bar Association, November 14, 2016.
  • Rising Issues and Trends in Healthcare Disputes, Moderator, American Arbitration Association Healthcare Disputes Resolution Innovation and Strategy Conference, November 4, 2016, Scottsdale, AZ.
  • Ethical, Candid Conversation between In-house and Outside Plan Counsel, Strengthening the Attorney Client Partnership, 2016 Blue Cross National Summit, May, 2016 (co-presenter).
  • Unfriendly Fire from Providers: Recent Developments and Trends in Managed Care Litigation [lecture plus printed materials] 2014 Blue Cross National Summit, May 19-22, 2014.
    North Texas Association of Insurance Counsel, August 28, 2009, “The Ethical Boundaries of Alternative Billing Arrangements.”
  • North Texas Association of Insurance Counsel, September 19, 2008, “Emerging Trends in Litigation Involving Health Insurers.”
  • Dallas Bar Association, Health Law Section, September 17, 2008, “Reimbursement Disputes Between Providers and Payors: the Current State of Case Law.”
  • Trends and Developments in Health Plan Coverage Disputes, Emerging Litigation in Payment over Urgent Care, published in the American Bar Association, Health Law Section, eSource, Vol. 14, No. 2, October 12, 2017.
  • Trends and Developments in Health Plan Coverage Disputes Over Mental Health Benefits, published in the American Bar Association, Health Law Section, eSource, Vol. 13, No. 2, October 26, 2016.
  • Managed Care Litigation, published on page 12 of the February 2016 issue of Chicago Medicine, a publication of the Chicago Medical Society.
  • Trends and Developments in Managed Care Litigation, published in the American Bar Association, Health Law Section, eSource, Vol. 12, No. 2, October 29, 2015.

Member, State Bar of California (admitted 2021)

Member, State Bar of Texas (admitted 2006)

Member, State Bar of Louisiana (admitted 1994)

U. S. Supreme Court

U.S. Fifth Circuit Court of Appeals

U.S. Tax Court