Mark R. Herring, Partner, State Attorneys General | Akin

Mark R. Herring

Partner

Areas of Focus

Mark R. Herring, Partner, State Attorneys General | Akin

Mark R. Herring

Partner

mherring@akingump.com

Areas of Focus

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Biography
  • Served two terms as the attorney general of Virginia.
  • Focuses on handling an expansive range of matters relating to state attorneys general, including investigations, enforcement, litigation and public policy.
  • Co-leads the firm’s nationwide state attorneys general practice.

Mark Herring served for eight years as attorney general of Virginia, during which he led many litigation and appellate teams that won high-profile cases before the U.S. Supreme Court, the U.S. Court of Appeals for the 4th Circuit and other state and federal courts involving issues such as consumer protection, antitrust, health care fraud, constitutional challenges, environmental protection, civil rights and education. He also spearheaded large, complex investigations in the technology, financial services, pharmaceuticals and insurance sectors and led high-profile investigations internal to state agencies and institutions. Mark and his team oversaw hundreds of data breach cases and incidents and were integral to the passage of Virginia’s comprehensive privacy legislation, developing an enforcement framework that has become a national model.

Mark is ranked by Chambers USA, where clients describe him as a “seasoned attorney with a deep understanding of government investigations and high-profile litigation.” As noted by Chambers, Mark is “incredibly thoughtful and creative” and “has a very unique understanding of how the law, regulations, enforcement and policy impact people's lives on the ground, allowing him to advise clients on legal strategy and its impacts.”

Mark brings to clients invaluable insight into all aspects of state attorney general investigations, enforcement and litigation actions, helping them efficiently navigate and resolve these consequential matters. He has substantial experience working closely with state attorney general offices—on both sides of the aisle—across the country and, while in office, further strengthened those connections through his significant efforts with leading national organizations of state attorneys general. Mark is also a member of the adjunct faculty at the University of Virginia School of Law, where he lectures on state attorney general law.

During his time as Virginia’s attorney general, Mark was an active member of the nonpartisan National Association of Attorneys General, where he served on multiple committees, including the Executive Committee. He also held leadership positions in the Democratic Attorneys General Association and was instrumental in its much-lauded reorganization.

Previously, Mark served as a Virginia state senator for eight years. As a state senator, Mark sat on multiple committees, including Commerce and Labor, General Laws and Technology, Local Government, and Rehabilitation and Social Services. He was also appointed to the Virginia War Memorial Foundation Board of Trustees, the Aerospace Advisory Commission and the Substance Abuse Services Council.

Mark has over two decades of experience in private practice, focusing on civil litigation, corporate, land use and health care matters.

“He is a seasoned attorney with a deep understanding of government investigations and high-profile litigation.”
Chambers USA, 2024

Education
  • J.D., University of Richmond School of Law, cum laude, 1990

  • M.A., University of Virginia, 1986

  • B.A., University of Virginia, 1983

Bar Admissions
  • District of Columbia

  • Virginia

Recognitions
  • Chambers USA, State Attorneys General, 2024.
  • National Association of Attorneys General, Supreme Court Best Brief, 2014, 2018, 2019.
Affiliations and Public Service
  • Virginia Attorney General, 2014 to 2022.
  • Member, Virginia Senate, 2006 to 2014.
  • Supervisor, Loudoun County Board of Supervisors, 2000 to 2003.
  • Member, ERA Coalition Advisory Council.
Speeches and Publications
  • “Heart of America Annual Survey: A Call for Unity and the Power of Racial Healing,” Roundtable Discussion hosted by the National Collaborative for Health Equity, transcript published in Health Equity, Vol. 8, No. 1, January 12, 2024, 46-65.
  • “The Role of State Attorneys General in the Movement for Truth, Racial Healing, and Transformation,” American Constitution Society, October 25, 2023.
  • “State Attorneys General and the Pursuit of Civil Rights,” Dunn Civil Rights Program, William & Mary Law School, September 18, 2023.
  • “State Attorneys General and the U.S. Supreme Court,” William & Mary Law School, September 18, 2023.
  • “State Attorneys General: What You Need to Know,” 2023 Association of Corporate Counsel (NCR) In-House Primer CLE Program, September 12, 2023.
  • “State Federal Jurisdiction Jumble and the View from State Attorneys General,” Energy Bar Association Annual Meeting and Conference, May 11, 2023.
  • “Making Our Communities Safer and Making Our Criminal Justice System More Fair,” William & Mary Law Review Volume 64 Symposium: Understanding and Responding to Mass Incarceration, February 24, 2023.
  • “State Constitutions in the Post-Dobbs Era,” University of Virginia School of Law, Journal of Law and Politics Symposium: Democracy and Dobbs, February 23, 2023.
  • “The Changing Legal Landscape: What it Means for You,” Appalachian School of Law, November 9, 2022.
  • “An Across the Aisle Conversation with Former Attorneys General Mark Herring and Bill Mims,” Randolph-Macon College, October 24, 2022.

Insights and Achievements

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