Manny Herceg

Manny guides executives and in-house counsel in various industries, along with elected and appointed officials facing crises or key business decisions. He is an effective, practical, and strategic business litigator and advisor who focuses on outcomes, not inputs. He believes that the best solution to a problem is a problem avoided. For the problems that can’t be avoided, he prepares his client and the team to present a compelling story to the court or jury.

Manny routinely represents businesses of all sizes, individuals, and public clients in state and federal courts across the country in business and contract disputes of all types, including M&A disputes, franchise disputes, shareholder disputes, injunctive and emergency relief, trade secret and fraud claims, trademark disputes, construction disputes, director and officer liability issues, Magnuson-Moss, FCRA, TCPA, and various deceptive trade practices and unfair competition claims, and in class action and multi-district litigation. Manny has led or been a part of extensive litigation (including multi-district litigation) across the nation and his clients benefit from that experience. Manny represents clients in state and federal courts in Indiana, Illinois, and the District of Colorado. He has litigated cases on behalf of clients on a pro hac vice basis in state and federal courts in Colorado, Georgia, Kentucky, Maryland, Michigan, Nevada, New Jersey, New York, North Carolina, Ohio, and Wisconsin.

Public sector clients call Manny with critical issues, or when transformative projects need strategic legal input. He works alongside the client and, often, the client’s counsel advising on a variety of matters, including: public-private partnerships (including BOT), executive and legislative functions, eminent domain, service contract negotiations, vendor contract negotiation, property disposition and project development, election matters, and complex access to public records and open door law issues. In addition, he has experience advising public and private sector clients about state and local procurement issues, and challenging procurement determinations.

Recent representative matters:

• Advised on largest annexation in Indiana history and successfully defeated challenge to that annexation in court to preserve timeline for multi-billion dollar development.
• Led procurement and evaluation process, and advised on negotiations for long term economic development project for governmental entity worth hundreds of millions of dollars.
• Advised on and litigated key issues in early case set for trial in multi-billion dollar multi-district litigation on behalf of government clients.
• Successful defense and settlement of $1.4 billion class action, defeating class certification and preserving indemnification claims against subcontractor.
• Successful defense and settlement of significant TCPA class action claim in pre-Motion to Dismiss stage.
• Advised on various procurement matters and pursued bid challenges before the Indiana Department of Administration.
• Advised on complex local government procurement challenge and strategy on behalf of national utility client.
• Pursued two-state, multi-suit, multi-million dollar construction litigation securing favorable settlement for client, achieving key business goals with a sensitive timeline.
• Defended and crafted favorable settlement of indemnification and related claims against purchaser of various large-scale, multi-state assets.
• Orchestrated favorable settlement of highly contested arbitration related to system integration and implementation that allowed client to move forward in pursuing growth of business while preserving key relationships.
• Successfully litigated against public official to thwart unauthorized exercise of executive powers, preventing catastrophic effects for client.
• Successfully settled lawsuit challenging water rates to high volume users, setting up city for long-term successful and profitable water services.
• Thwarted shareholder challenge in closely-held corporation that prevented dire outcome to the rapidly growing business.

Publications:

• Co-author, “Survey of Indiana Administrative Law,” 52 Ind. L. Rev. 589 (2019).
• Co-author, “Survey of Indiana Administrative Law,” 51 Ind. L. Rev. 895 (2018).
• Co-author, “Survey of Indiana Administrative Law,” 50 Ind. L. Rev. 1115 (2017).
• Author, “An Ode to the Phone Call,” TYL Monthly – ABA Publication (July 20, 2017).
• Editorial Advisory Board, “Indiana School Laws and Rules,” 2014-2015, 2015-2016 & 2016-2017, West Publishing.
• Author, “Millennials Unite: Join Up and #SHOWUP for Yourself and Your Community,” The Indiana Lawyer.
• Author, “Commonly Asked Questions Guide for Volunteer Attorneys,” Indianapolis Bar Association/Foundation-Editor of “School Law” section (2014-2015, 2015-2016).
• Practice Advisories: “Changes to Indiana’s Anti-Bullying Law – An Insight Into the Exceptions” and “Expunged Record Disclosure and the Effect on Hiring and Operations.”
• Quoted in Indianapolis Star article, “Free Legal Advice Offered at Ask a Lawyer Event,” (Sept. 30, 2015).

Speeches:

• “When You Can’t Wait – TROs and Injunctions: An Interactive Discussion,” Indianapolis Bar Association, Oct. 27, 2020.
• “Briefs, Demands, and Emails: Effective Legal Writing,” Indianapolis Bar Association, July 1, 2020.
• “Managing the COVID-19 Budget Fallout,” OnBoard webinar with Adarsh Montvardi and Jason Dudich, May 14, 2020.
• “Ordinances and Resolutions,” Co-presenter, AIM, Indiana League of Municipal Clerks and Treasurers – 23rd Annual ILMCT Institute & Academy, March 12, 2018.
• “Tact and Professionalism in the Public Sector Workplace,” Panelist, AIM, Indiana League of Municipal Clerks and Treasurers – 23rd Annual ILMCT Institute & Academy, March 12, 2018.
• “Access to Public Records – Emails, Tweets, and More,” Indiana Mayors Assistants Association, Feb. 23, 2018.
• “Social Media’s Impact on the Ethics of our Changing Practice,” American Inn of Court, November 17, 2016.
• “Social Media and Its Effect on Education”, Indiana Council of Administrators of Special Education – October 2, 2014.
• “Significant Pre-Employment Considerations Impacting Public Schools: The New Law on Criminal Record Expungement; Updating Application Forms; Criminal History Responsibilities; and Drug Testing” – December 13, 2013.
• Indiana University Robert H. McKinney School of Law , Panel speaker at student orientation – numerous.
• Naturalization Ceremony Speaker, Indianapolis – (2012 (April and October), 2013 (August), 2015 (June).