Representative Matters

Real Estate Brokerage Firm - Dismissal of Discrimination Claims Upheld on Appeal
Successful defense of a luxury real estate brokerage firm in an action alleging discrimination based on sexual orientation and marital status in violation of New York State and City Human Rights Laws.  Herrick secured the complete dismissal of the complaint in the trial court, and then successfully defended the ruling on plaintiffs’ appeal to the Appellate Division, First Department which upheld the dismissal, finding the plaintiffs had no cognizable claims against our clients who had sought to facilitate, not prevent, plaintiffs’ purchase of a cooperative apartment.

Residential Brokerage Firm – Restrictive Covenant Litigation
Represented a leading residential real estate broker in a high-profile restrictive covenant dispute between a star broker and the broker’s former employer.

Broker-Dealer Employee Raiding Litigation
Represented a large broker-dealer in employee raiding litigation, brought by a competitor whose stock market valuation declined 24% following our client’s hire of a team of its credit and derivatives brokers. Following oral argument, the New York Supreme Court denied the plaintiff’s motions for a temporary restraining order and a preliminary injunction, which allowed the employees to work for our client.

Real Estate Managing Agent Partnership Dispute
Negotiated a favorable settlement for a managing agent and its principals in a partnership dispute involving a real estate development venture in New York State. Prior to reaching the settlement, Herrick secured a number of advantageous rulings, including the pre-trial dismissal of three claims, which positioned our clients well in the negotiations that led to the partnership’s sale of its leasehold interest in the property.

Broker-Dealer FINRA Employment Arbitration
Represented a broker-dealer in a complex employment arbitration brought by former employees seeking over $10 million in damages. The 60-session FINRA arbitration resulted in a virtually complete defense verdict for the client, including for attorneys’ fees. The award was confirmed in its entirety by the Southern District of New York.

Member Dispute - Mismanagement and Self-Dealing Action
Represented the majority owners of a New York City real estate portfolio in an action commenced by minority members, obtaining the dismissal of claims seeking to hold the members personally liable for looting, self-dealing and diversion of corporate assets.

Publicly Traded Company - Government Investigation
Represented a public company in the internal investigation of a senior officer who had engaged in bribery and self-dealing, resulting in significant monetary damages. Through civil litigation, and assistance from government authorities, Herrick was able to obtain full restitution for the company.