Lindsey Herzog is an associate in Lewis Roca’s Litigation Practice Group, practicing in the areas of class actions and complex commercial litigation. Clients rely on Lindsey to represent them in contract disputes, consumer class actions, personal injury lawsuits, and a variety of other unique and complex matters. Lindsey has gained valuable trial experience dealing with controversial scientific theories and evidence through her pro bono representation of individuals accused of criminal acts. Her broad experience enables her to better evaluate her clients' business and litigation needs and help them achieve their goals.

More About Lindsey Herzog

Education

  • J.D., magna cum laude, Arizona State University - Sandra Day O'Connor College of Law, 2015
  • B.S.B.A., University of Colorado, Boulder, 2012

Bar Admissions

  • Colorado, 2019
  • Arizona, 2015

Court Admissions

  • U.S. District Court, District of Arizona

Representative Matters

Contract Disputes:

  • Represented creditor in multimillion dollar dispute surrounding enforceability of inter-creditor agreement regarding construction loans to bankrupt entity.
  • Represented plaintiff in multimillion dollar dispute surrounding interpretation and enforceability of guaranty agreement.
  • Represented plaintiff in pursuing breach of contract and fraud claims against purchaser of company on behalf of sellers of company.
  • Represented plaintiff employers in lawsuits to enforce non-compete agreements against former employees who joined or started competing businesses.
  • Defended insurance bad faith disputes involving property damage claims, personal injury claims, and claims of statutory violations.
  • Drafted portions of appellate brief in will contest of multimillion dollar estate.
  • Represented plaintiff contractor in lawsuit to collect unpaid fees for remodeling work performed. 

Class Actions:

  • Defended seller of discount products against consumer class action alleging false advertising.
  • Defended drugstore chain against allegations of fraud and false advertising. 
  • Defended insurance company against allegations of failure to pay statutorily mandated fees to insureds.

Personal Injury:

  • Defended companies against allegations that employees’ negligence caused motor-vehicle accidents resulting in death and permanent disability.
  • Represented plaintiffs who were victims of sexual assault in pursuing recovery against employers of perpetrators.

Miscellaneous:

  • Second chaired bench trial defending father in proceedings to terminate parental rights to his surviving sons after he was accused of intentionally killing one of his children. 
  • Drafted appeal to the District Court of Arizona, which facilitated negotiation of agreement with United States Citizenship and Immigration Services regarding issuance of green cards to over 50 individuals previously denied green cards on the basis of complex commercial fraud allegations.
  • Obtained release of American citizen detained abroad for 14 years through filing of Petition for Urgent Action with the United Nations Working Group on Arbitrary Detention.
  • Sought post-conviction relief on behalf of client wrongfully convicted of murder.
  • Prepared offers of proof to present to law enforcement regarding alleged insurance fraud.

Honors & Recognitions

  • Best Lawyers in America, "Ones to Watch," Commercial Litigation, 2021

Clerkships

  • Judge Diane J. Humetewa, U.S. District for the District of Arizona

Publications

Pro Bono Experience

During law school at Arizona State University, Lindsey gained valuable courtroom experience working in the Juvenile Advocacy Clinic. Lindsey has also acquired valuable trial experience dealing with expert witness qualification and complex scientific theories and evidence through her pro bono representation of individuals accused of criminal acts.

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