Current Employment Position(s)

Partner

Lawyer Overview

Mr. Hervey handles a variety of civil lawsuits and commercial transactions. He works closely with numerous high-technology clients (including computer software developers and licensees, Internet businesses, and high-tech consultants) on a wide range of issues affecting their businesses. He provides such clients with general business advice, negotiates and drafts high-tech contracts (such as software development and licensing, NDA, ASP, VAR, OEM, ISV, consulting, Internet content, linking, and co-branding agreements and similar agreements), and assists such clients with business development, business plans, and the pursuit of investment capital. He also represents high-tech clients in litigation involving software, the Internet, and other high-tech issues.

Mr. Hervey's commercial practice includes commercial transactions, general corporate and business representation and counseling, shareholder agreements, mergers and acquisitions, and insurance coverage.

Mr. Hervey's litigation practice includes the defense and prosecution of commercial lawsuits, contract disputes (including computer, software, and other high-tech contracts), complex litigation, professional malpractice litigation, and general civil litigation. Mr. Hervey is admitted to practice in the state and federal courts in Maryland, the District of Columbia, and Virginia, including trial and appellate courts. Mr. Hervey also represents clients in arbitration matters, including before the American Arbitration Association. Mr. Hervey's practice also includes serving as a neutral mediator to assist parties resolve disputes. Mr. Hervey served as the Chair of the Alternative Dispute Resolution Section of the Bar Association of Montgomery County, Maryland in FY 1998, 1999, and 2000.

Mr. Hervey joined Bregman, Berbert & Schwartz in 1996. Prior to that, he litigated numerous cases in the Washington, D.C. office of Wilson, Elser, Moskowitz, Edleman & Dicker (1994-1995), and at Jordan Coyne & Savits, also in Washington (1986-1994). At these firms, he was primarily involved in the defense of other lawyers in legal malpractice lawsuits. He defended attorneys from many areas of practice in litigation in state and federal courts in Maryland, the District of Columbia, Virginia, New York (Manhattan), West Virginia, and South Carolina.

Mr. Hervey obtained his J.D. from The Catholic University of America in Washington, D.C. in 1985. Mr. Hervey won Catholic's Bamberger Cup Moot Court Competition and was selected for Catholic's Moot Court Nationals Team in 1983. During law school, Mr. Hervey was a law clerk to the Office of the Attorney General for the State of Maryland. After graduation from law school, Mr. Hervey served as a law clerk to the Honorable Theodore G. Bloom, Judge of the Court of Special Appeals of Maryland (Maryland's intermediate appellate court) in Annapolis, Maryland, (from August of 1985 to July of 1986). He obtained his B.A. in 1982 from the University of Maryland in College Park, Maryland.

Mr. Hervey is a member of the Maryland State Bar, the Virgina State Bar, and the Bar Association of the District of Columbia.  He is also a member of the Bar Association of Montgomery County, Maryland, and was inducted as a member of the Montgomery County Bar Foundation Bar Leaders in 2000.  Mr. Hervey is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Fourth Circuit, the United States Court of Appeals for the District of Columbia, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, the United States District Court for the Eastern District of Virginia, the United States District Court for the Western District of Virginia, the United States District Court for the District of Arizona, the Court of Appeals of Maryland, the District of Columbia of Appeals, and the Supreme Court of Virginia.

Representative Clients

• db Communications d/b/a DBC Public Relations Experts
• Auto Bid Systems, Inc., d/b/a MyLiveOffer.com
• CRI Systems, Inc.

Representative Cases

• Wilde v. Swanson, 548 A.2d 837 (Ct. App. Md. 1988)
• Dalo v. Kivitz, 596 A.2d 35 (Ct. App. D.C. 1991)

West Practice Categories

Alternative Dispute Resolution, Mediation, Venture Capital, Business & Commercial Law, Commercial Leasing, Contracts, Joint Ventures, Mergers & Acquisitions, Transactions, Uniform Commercial Code, Warranties, Business Organizations, Closely Held Businesses, Corporate Governance, Directors' & Officers' Liability, Dissolution, Formation & Business Planning, Limited Liability Companies, Partnerships, Internet, Construction Contracts, Housing & Construction Defects, Employment Contracts -- Employee, Employment Contracts -- Employer, Ethics & Professional Responsibility, Ethics, Professional Responsibility, Insurance Law, Bad Faith Insurance, Commercial Insurance, Errors & Omissions Insurance, Technology Licensing, Internet -- Cyberspace, Computer Law, Digital Signatures, Domain Names, Electronic Commerce, Identity Theft, Y2K (Year 2000), Y2K Compliance, Y2K Insurance, Y2K Liability, Y2K Litigation, Litigation & Appeals, Complex Litigation, Federal Appellate Practice, Federal Trial Practice, State Appellate Practice, State Trial Practice, US Supreme Court, Personal Injury -- Defense, Defamation & Privacy -- Defense, Premises Liability -- Defense, Property Damage -- Defense, Slip and Fall -- Defense, Wrongful Death -- Defense, Personal Injury -- Plaintiff, Defamation & Privacy -- Plaintiff, Slip and Fall -- Plaintiff, Wrongful Death -- Plaintiff, Professional Malpractice Law, Legal Malpractice, Other Professionals Malpractice, Commercial Real Estate, Condominiums & Cooperatives, Landlord/Tenant, Science & Technology Law, High Technology

Bar Admissions

• Maryland, 1986
• District of Columbia, 1988
• Virginia, 1998
• U.S. District Court District of Maryland, 1986
• U.S. District Court of the District of Columbia, 1988
• U.S. Court of Appeals District of Columbia Circuit, 1988
• U.S. District Court District of Arizona, 1992
• U.S. Supreme Court, 1995
• U.S. District Court Eastern District of Virginia, 1998
• U.S. District Court Western District of Virginia, 1998
• U.S. Court of Appeals 4th Circuit, 1998

Professional Associations and Memberships

• Bar Association of Montgomery County, Maryland, 1998 - 2000 (Chair, Alternative Dispute Resolution Section)
• Bar Association of Montgomery County, Maryland, 1986 - Present (Member)
• Maryland State Bar Association, 1986 - Present (Member)
• District of Columbia Bar Association, 1988 - Present (Member)
• Virginia State Bar, 1998 - Present (Member)
• Montgomery County Bar, Foundation Bar Leader, 2000 - Present (Member)
• Computer Law Association (Member)
• Arlington Chamber of Commerce (Arlington County, Virginia) (Member)
• MIT Enterprise Forum of Washington - Baltimore (Member)

Classes and Seminars

• Legal Issues in Software Certification, Cigital Inc. - Int'l Software Assurance Certification Conf., September, 2000
• ADR: What You Need to Know to Help Yourself and Your Clients, Bar Association of Montgomery County, Maryland, October, 1999
• Ethical Considerations Presented by Broadcast Spectrum Auctions, Federal Communications Bar Association, June, 1998

Past Employment Positions

• Wilson, Elser, Moskowitz, Edelman & Dicker, Associate Attorney, 1994 - 1995
• Jordan, Coyne & Savits, Associate Attorney, 1986 - 1994
• Court of Special Appeals of Maryland, Law Clerk to Theodore G. Bloom, Judge, 1985 - 1986

Education

• Catholic University of America, Columbus School of Law, Washington, District of Columbia, 1985
  J.D.
  Honors: Winner, Bamberger Cup Moot Court Competition, 1983
• University of Maryland, College Park, MD, 1982
  B.A.
  Honors: With Honors
  Major: English

Fraternities/Sororities

• Pi Kappa Alpha

Ancillary Businesses

• Location of Venture Capital and Investment for High-Tech Companies
• Consultation on Preparation of Business Plans for High-Tech Businesses

Published Works

• Legal Perspectives - New SQM Methods, Tools Raise the Bar for Software Developers, Software Quality Management Magazine, April, 2003 www.sqmmagazine.com, 2003
• Legal Perspectives - UCITA and Software Licensing, Software Risk Management Magazine, July, 2002, www.srmmagazine.com, 2002
• Legal Perspectives - Assessing Liability for Software Failure, Software Risk Management Magazine, January, 2002, www.srmmagazine.com, 2002

Address

Suite 800 West
7315 Wisconsin Avenue
Bethesda, MD 20814-3206

Phones

(301) 656-2707

Faxes

(301) 961-6525

Emails

Contact Us

Websites

http://www.bregmanlaw.com