Employment and Brokerage Agreements

Represented a luxury residential real estate firm in general corporate matters including drafting employment and brokerage agreements for a new residential commercial division.

Real Estate Investment Company – Counsel on Employment Matters

Representation of a real estate investment firm in all aspects of its employment disputes, including contracts and risk management.

Global Insurance Company – Counsel on Employment Matters

Representation of a global insurance company in all aspects of employment matters including the analysis of restrictive covenants, contracts, executive compensation and exit incentive plans.

Full-Service National Real Estate Development and Investment Firm – Litigation Counsel

Representation of a private owner, developer and operator of residential and commercial properties in all aspects of real estate disputes.

National Importer and Distributor – Counsel on Employment Matters

Representation of a major national specialty food importer and distributor in all aspects of its employment disputes, including contracts and risk management.

Business Services Company – Employment Issues

Representation of a provider of maintenance, cleaning and security services to New York City businesses in employment disputes and risk management issues.

Executive Compensation Agreements/ Separation Packages

Representing both for-profit corporations and non-profit organizations and senior executives in the negotiation and drafting of executive employment agreements, compensation arrangements, and separation agreements. Representations include presidents, vice presidents, Chief Executive Officers, Chief Financial Officers, Chief Operating Officers, Chief Investment Officers, Chief Technology Officers, Chief Risk Officers, Managing Directors, and partners. Industries include banking, investment banking, securities, real estate, insurance, manufacturing, technology, fashion, medical, accounting, pharmaceutical, and legal.

Real Estate Partnership Dispute Resolved Favorably Following Pre-trial Dismissal of Claims for Breach of Fiduciary Duty, Corporate Waste and an Accounting

Herrick negotiated a favorable settlement on behalf of a managing agent and its principals, resolving contentious litigation in New York state court between partners in a venture to develop and lease a medical office building. Prior to reaching the settlement, Herrick secured a number of advantageous rulings - including pre-trial dismissal of claims for breach of fiduciary duty, corporate waste and an accounting - which positioned our clients well in the negotiations that ultimately led to the partnership’s sale of its leasehold interest in the property on favorable terms, a transaction on which Herrick also advised.

Inter-Dealer Brokerage Firm – $500 Million Raiding Case

Represented the affiliate of a billion-dollar inter-dealer brokerage firm in a large "key employee raiding case" brought by a competitor whose stock market valuation declined 24% (approximately $450 million) on the day following our client’s hire of approximately 20 of its credit derivatives brokers and employees. Following an intense oral argument by Herrick and other firms aligned with our client, a New York Supreme Court denied the plaintiff’s motion for a temporary restraining order and later denied a motion for preliminary injunction in rulings which allowed the subject employees to work for our client. The dispute then moved to a FINRA arbitration where we defended hundreds of millions of dollars in claims. After more than 240 hearing sessions, the matter was fully settled and all claims withdrawn.

FINRA Employment Arbitration

Representation of a broker-dealer in a complex employment arbitration brought by six former employees seeking over $10 Million in collective damages. This FINRA arbitration proceeded for 60 sessions, including 32 hearing days, and resulted in a virtually complete defense verdict for the firm, including for attorneys' fees. The award was confirmed in its entirety by the Southern District of New York.

Asset Management Company – Employment Issues

Representation of one of leading independent asset management companies in its defense of a wrongful termination action claiming religious discrimination, and in a separate action claiming discrimination based on disability. We continue to represent the company in all aspects of its employment disputes, and in risk management issues.

Financial Services Firm – Allegations of Theft of Confidential Information / Wrongful Solicitation of Clients

Representation of key employees of financial services firm in a case brought by a competitor alleging misappropriation of confidential information and wrongful solicitation of clients.

Architecture Firm – Discrimination Claim

Representation of large architecture firm in all aspects of employment disputes and risk management issues, including defense of suit alleging gender discrimination.

World-Class Asset Integrity Management – Employment Litigation

Representation of global asset integrity management company in the award of an injunction restraining competitor and key employees from raiding workforce, misappropriating confidential information and solicitation of customers.

Worldwide Leader of Intent – Based Solutions

Representation of company in employment litigation including defending an action commenced by a former employee alleging religious discrimination, and all aspects of employment matters including severance, contracts, and exit incentive plans.

Global Financial Services Firm – FINRA Action

Defense of a premier global financial firm in a FINRA action involving claims brought by an investor for losses to retirement account resulting from alleged flawed asset allocation.

Real Estate Brokerage – Employment Dispute

Representation of a real estate brokerage in an action by a former employee for age discrimination and breach of oral contract promising severance. The Court dismissed the breach of contract claim, finding the oral contract too vague to be enforceable.

New York Residential Brokerage Company – Successful Mediation

Representation of a prominent New York residential brokerage company in a successful mediation against a civil rights suit alleging conspiracy with building owners to steer families with children away from apartments.

Financial Services Company – Arbitration

Defense of a pre-eminent financial services company in an arbitration involving numerous brokers who left a competitor to work for our client. The competitor claimed breach of non-solicitation and confidentiality provisions in the brokers' contracts.

Assisted Living Facility – Employment Issues and Audit

Representation of an assisted living facility in employment issues and a Department of Labor audit.

Broker/Dealer – Non-Solicitation Dispute

Representation of a registered broker/dealer in defending an action for a temporary restraining order brought by a competitor seeking to restrain our client’s brokers from contacting their respective clients.

Fitness Center – Employment Litigation

Representation of a New Jersey fitness center in its severance agreements and employment disputes, including an action for wrongful termination based on disability.

Art and Antiquities Dealer – Conversion Action

Represented a London-based art and antiquities dealer in a conversion action seeking the return of a rare and valuable stone table consigned to and auctioned by an auction house in New York.

Garment Manufacturer – Employment Litigation

Represented a prominent garment manufacturer in all aspects of employment law, including action by former employees claiming discrimination based on perceived sexual orientation and a hostile work environment.

Talent Management Services – Former Employee/Shareholder Litigation

Representation of a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.

Wholesale Food Company – Wrongful Termination Litigation

Representation of a family-owned wholesale food company against claims for wrongful termination and constructive discharge asserted by a family member/principal.

Manufacturer – Sexual Harassment Mediation

Represented a manufacturing company in the successful mediation of claims for sexual harassment and constructive termination.

New York City Restaurant – Employment Issues and Audit

Representation of a famous New York City restaurant in employment issues and a Department of Labor audit.

Garment Contractors – ERISA Pre-Emption Litigation

Representation of a group of garment contractors in a successful challenge on ERISA pre-emption grounds to a section of New York State Business Corporation Law.