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David R. Sherman - Director

David_Sherman

 

Alan has more than 35 years of experience litigating and trying cases in state and federal courts and has extensive experience in arbitration and mediation. He has tried and arbitrated matters to judgment for plaintiffs and defendants relating to contract interpretation and breach; long-term supply agreements; force majeure; tortious interference; UCC Article 2; lending liability; state and federal banking regulations; restrictive covenants; trade secrets; breach of fiduciary duty; environmental damage and waste to real property; corporate ownership, control and governance; and will, trust and probate disputes

Alan chaired FBT's business litigation group, the firm's largest practice group, for six yearsHe has argued cases to the Indiana Court of Appeals, Indiana Supreme Court, and 7th Circuit Court of Appeals, and has had primary responsibility for appellate briefs for the winning sides in key decisions involving contract formation (Mays v. Trump Indiana, 253 F.3d 351 (7th Cir. 2001)); lender liability (Wabash Grain, Inc. v. BankOne, 713 N.E.2d 323 (Ind.Ct.App. 1999)); foreign currency exchange and employer codes of conduct (Interactive Intelligence, Inc. v. KeyBank, 546 F.3d 897 (7th Cir. 2008)); trade secrets and RICO (AGS Capital Corp. v. Product Action Int’l. 884 N.E. 2d 295 (Ind.Ct.App. 2008)); promissory estoppel (Classic Cheesecake v. JPMorgan Chase, 546 F.3d 839 (7th Cir. 2008)); dissenting and minority shareholder rights (Fleming v. International Pizza, 676 N.E.2d 1051 (Ind. 1997)); and fiduciary duties among members and managers of LLCs (Purcell v. S. Hills Investments, LLC, 847 N.E.2d 991 (Ind.Ct.App. 2006)).

Alan is recognized as one of Indiana’s leading business litigators, receiving annual recognition in publications including Martindale-Hubbell® (AV rated); Best Lawyers in America®Chambers USA: America’s Leading Lawyers for Business®Benchmark Litigation®- Local Litigation Stars; and Indiana Super Lawyers®.

In addition to his litigation work, Alan counsels companies and entrepreneurs regarding contract terms and conditions, and the development of general business, litigation and litigation-avoidance strategies.  Alan works with growing companies to help them identify their contract, tort and insurance risks and institutionalize systems and practices to manage those risks.

Highlights & Recognitions

  • AV Peer Rated by Martindale-Hubbell®
  • The Best Lawyers in America©, 2001–2019
  • Indiana Super Lawyers®, 2004–2018
  • Chambers USA, Commercial Litigation, 2006-2018
  • Benchmark Litigation®, “Local Litigation Star”, Indiana, 2010–2012
  • Indianapolis Business Journal, "Who's Who in Law"
  • Joseph R. Olshan Award for Outstanding Service and Dedication, Federation of Defense and Corporate Counsel (FDCC), 2006

Memberships & Affiliations

  • Federation of Defense and Corporate Counsel (FDCC)
    Past President and Director, FDCC Foundation 
    FDCC Foundation Philanthropic Fellow
    Past Officer and Director 
    Program Chair, 2000 Annual Meeting
    Convention Chair, 2001 Annual Meeting
    Past Chair, Business Torts and Commercial Litigation Section
  • Indianapolis Bar Association, Foundation Fellow

 

   

 

 
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