Mr. Herbert is retired from the practice of law, with his practice largely limited to workplace investigations, as well as limited pro bono legal advice.
Previously, the firm’s practice encompassed representation of both employers and executives, a balance that Mr. Herbert believed gives a more complete appreciation of all aspects of employment law issues. The firm’s clients included small and large for-profit corporations (including Fortune 500 corporations), trade associations, non-profit charitable and political organizations, and executives. Employment law, class action litigation, and general commercial litigation were primary areas of expertise. Mr. Herbert's experience in litigation includes more than 100 days of trial experience and more than 400 depositions, as well as briefs and arguments in the federal and D.C. courts of appeals. Mr. Herbert has handled hundreds of formal and informal investigations of alleged harassment, discrimination, financial misconduct, and retaliation against alleged whistleblowers. A number of these investigations involved computer forensics, in conjunction with IT experts.
Other areas of expertise included litigation and counseling concerning non-competition clauses and other restrictive covenants; negotiation of executive employment agreements; counseling multi-national employers concerning implementation of employment policies across national boundaries; statistical analyses in Title VII litigation and OFCCP audits; validation of employment tests; review of employee manuals; preparation and review of Affirmative Action Plans and defense of AAP's during government audits; advice concerning employee problems including discipline and termination; compliance with the Fair Labor Standards Act (minimum wage and overtime); defense of Sarbanes-Oxley claims; and compliance with all state and federal employment laws.