© 2014 Manning & Kass, Ellrod, Ramirez, Trester LLP

Mark H. Herskovitz
Senior Counsel Senior Counsel based in the Los Angeles Office
801 S. Figueroa Street 15th Floor
Los Angeles, CA  90017

Mark H. Herskovitz is a graduate of Yeshiva University Cardozo School of Law (JD 1987). Mr. Herskovitz received his Bachelor of Arts degree from the University of California, Los Angeles in 1983, where he double majored in Economics and Political Science. During college, Mr. Herskovitz authored two papers, which were published in the UCLA Undergraduate Review. While in law school, Mr. Herskovitz served as a staff member and notes and comments editor for the ASILS, International Law Journal. As a student advocate in the Cardozo Appeals Clinic, Mr. Herskovitz briefed and argued criminal appellate matters before the New York Supreme Court. Mr. Herskovitz also worked on motions and civil appeals as a summer associate at a prominent appellate firm and as an extern for the Los Angeles City Attorney's Office.

For the past 20 years, Mr. Herskovitz has focused his attention on law & motion and appellate portions of civil practice, primarily in the areas of insurance and business litigation. He joined Manning & Marder, Kass, Ellrod, Ramirez LLP, after serving as the partner in charge of his prior firm's law & appellate department. Mr. Herskovitz' litigation and appellate experience covers a broad range of practice areas, including: personal injury, business torts, contract disputes, unfair business practice claims, professional negligence, toxic tort, construction law, premises liability, public and private nuisance claims, housing rights and Americans with Disabilities Act claims, products liability, workers' compensation, and class action litigation.

Mr. Herskovitz is licensed to practice in the State of California and the District of Columbia. He is admitted to practice in all State and Federal District Courts in the State of California, as well as the Ninth Circuit Court of Appeal. Mr. Herskovitz has briefed and argued numerous matters before trial and appellate courts. Published opinions to his credit include: American Home Insurance Co., Inc. v. Hagadorn (1996) 48 Cal.App.4th 1894 [new money settlement of employee's first party lawsuit without proper notice or recognition of workers compensation lien constitutes constructive fraud on the employer.]; Inline, Inc. v. Apace Moving Systems, Inc. (2005) 125 Cal.App.4th 895 [restitution, authorized by the Unfair Business Practices Act, does not permit recovery for alleged loss, plaintiff's recovery is limited to disgorgement of actual profits, if any]; and Rojas v. Superior Court (2004) 33 Cal.4th 407 [mediation confidentiality is absolute and includes those documents, exhibits, and expert reports prepared exclusively for mediation].

Mr. Herskovitz serves on the California Court of Appeal, Second Appellate District's panel of court appointed mediators.