Herb is a Partner in the Fish & Neave IP Group of Ropes & Gray. He was a partner in Fish & Neave from 1971-2004 and was Managing Partner from 1985-2001. He has been listed in The Best Lawyers in America since it was first published, "remains a behemoth of the IP litigation world" and is "widely considered to 'belong to the top of the tree'" by The World's Leading Lawyers for Business (Chambers USA 2005 and Chambers Global 2004-05), identified as one of the 100 Most Influential Lawyers in America by the National Law Journal (1997 and 2000) and selected as Litigator of the Year by Managing Intellectual Property (1999). He is a Fellow of the American College of Trial Lawyers and The American Bar Foundation, a Member of the American Law Institute and Past President of the New York Intellectual Property Law Association.