Elizabeth S. Hertz
Elizabeth S. Hertz
South Dakota Litigation Attorney
My Story
Sioux Falls lawyer Elizabeth Hertz joined Davenport Evans in the litigation section in 2010, and became a partner in 2016. She received her B.A. from Macalester College in 2004 where she studied classical history and biology. She is a graduate of the University of Michigan Law School and clerked for the Honorable James B. Loken of the U.S. Court of Appeals for the Eighth Circuit.
Elizabeth practices in the areas of commercial and complex litigation, family law, tribal law, professional liability defense, appellate law, workers’ compensation, plaintiff’s litigation, construction litigation, intellectual property litigation, and trademark law. Elizabeth currently serves as president of the South Dakota Chapter of the Federal Bar Association.
Elizabeth has been selected by Best Lawyers®: Ones to Watch every year since 2021 in the areas of Appellate Practice, Commercial Litigation, and Litigation – Construction. She was ranked in the top 5% of practicing lawyers in South Dakota by Great Plains Super Lawyers in the area of Business Litigation, and was selected to the Great Plains Super Lawyers Rising Stars list in 2018 and 2019.
Position: Partner
Direct: (605) 357-1263
Email: [email protected]
Practice Areas
Highlights
Super Lawyers 2026 Recognizes 14 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce selection of the following Davenport Evans lawyers to the 2026 edition of Great Plains Super Lawyers. Attorneys selected were ranked in the top 5% of practicing attorneys in South Dakota. ...
I-9 Audits: What to Expect and How to Prepare
American employers are acutely aware of their duty to comply with the Immigration Reform and Control Act of 1986. That duty goes beyond confirming the identity and employment authorization of all employees using Form I-9 at hiring. There are legal risks and compliance...
Trademark Protection: What’s in a Name? Everything.
One consequence of the internet age is far more businesses have an interstate reach through their websites and social media. In the past one bank could operate with a name in South Dakota, and another could operate with the same name somewhere on the coast, all...
Best Lawyers® 2024 Recognizes 18 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 18 Davenport Evans lawyers were listed in Best Lawyers® 2024 for South Dakota, in 22 different practice areas. In addition, one Davenport Evans lawyer was named 2024 Best...
U.S. Supreme Court Upholds Technical Interpretation of Salary Basis
As the United State Supreme Court recently made clear, it is important for employers to follow the regulatory guidelines and not assume that high pay automatically means no overtime. In an opinion issued on February 22, the Court held that an employee making over...
Best Lawyers® 2023 Recognizes 17 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 17 Davenport Evans lawyers were listed in Best Lawyers® 2023 for South Dakota, in 22 different practice areas. In addition, two Davenport Evans lawyers were named 2023 Best...
Participant Choice Does Not Relieve ERISA Fiduciaries from Duty of Prudence
An ERISA fiduciary must act “with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like...
Professional Experience
Davenport, Evans, Hurwitz & Smith, LLP
Partner: 2016 – present
Associate: 2010 – 2015
Judicial Law Clerk to Honorable James B. Loken, U.S. Circuit Court of Appeals, 2009 – 2010
Education
Macalester College
(B.A., magna cum laude, 2004)
University of Michigan Law School
(J.D., magna cum laude, 2009)
Licensure
Admitted to Practice (State):
South Dakota, 2011
Minnesota, 2009
Admitted to Practice (Federal):
United States Court of Appeals, Eighth Circuit, 2010
United States District Court, District of South Dakota, 2011
Admitted to Practice (Tribal):
Tribal Court – Oglala Sioux Tribal Court, 2015
Professional Memberships
Accomplishments
Protecting what you’ve built.
Phone Numbers
Direct: (605) 357-1263
Dehs: (605) 336-2880
Driving Directions
Davenport Evans, Hurwitz & Smith, LLP
206 West 14th Street
P.O. Box 1030
Sioux Falls, SD 57101-1030