Matters

International Diamond Manufacturer – Racketeering and Money Laundering Claims against European Banks

Representing an international manufacturer and distributor of diamonds in connection with global investigations and multijurisdictional cases to recoup the loss of stolen diamond sales proceeds. Herrick was involved in multiple lawsuits worldwide against a range of domestic and foreign insurers and banks, helping to recover in excess of $100 million. We are currently representing the client in a federal lawsuit alleging racketeering activity against two additional European banks related to the theft of $135 million of sales proceeds belonging to the company. The case is proceeding in the Southern District of New York after we prevailed on appeal to the Second Circuit vacating a dismissal on forum non conveniens grounds.

Real Estate Investment Company – Litigation Arising from Failed Real Estate Joint Venture

Representing a real estate investment company in litigation arising from a failed joint venture to acquire, own and operate a 50 percent tenant-in-common interest in fourteen valuable midtown Manhattan commercial properties. Dispute includes claims that our client's former partner breached a contribution agreement between the parties by selling the rights and interest in the acquisition to a third-party for its own benefit, misappropriating funds intended for joint venture purposes, and misappropriating a $46 million payment that it was not entitled to under the terms of the agreement.

Global Food Manufacturer – Breach of Contract Dispute with Equipment Supplier

Represented a global food manufacturer in a dispute with an equipment supplier and its parts manufacturers over the defendants' failure to deliver a complete packaging line pursuant to the terms of a written contract. Litigation includes claims for breach of contract, fraud and negligent misrepresentation.

Limited Liability Company – Malpractice Claims

Representing a limited liability company in litigation with former counsel in a dispute involving allegations of malpractice in the preparation of a written operating agreement and the refinancing of a property located in Brooklyn. Action seeks to recover damages of over $11 million, plus interest and attorneys' fees.

Surrogate’s Court Litigation – Allegations of Trustees’ Breach of Fiduciary Duty

Represented co-trustees of two trusts whose primary assets are stock in a family-owned national food manufacturing company in litigation filed in Nassau County Surrogate's Court. Dispute involves allegations that our clients, in their actions as officers and board directors of the company, breached their fiduciary duties to the trusts' beneficiaries. This litigation involves parallel litigation in state court in which our firm is representing the company.

Board of Directors and Audit Committee – Strategic Advice

Strategic advice and counsel to the Board of Directors and Audit Committee of a public company regarding litigation in New York and Belgium.

Foreign Bank – Strategic Advice

Strategic advice and counsel to a foreign bank concerning parallel litigations in New York and Ireland.

Regional Brokerage Firm – Investor Claims

Representation of a regional brokerage firm in multiple investor claims alleging fraud and misrepresentation in connection with a failed private placement.

Israeli Bank – Lender Liability

Representation of Israeli bank in defense of lender liability claims.  

Major Developer – Condo Dispute

Representation of a successor-sponsor in an appeal from a trial court's refusal to designate the roof of a parking garage unit as a common element under the Condominium Act and governing condominium documents. The condominium argued that the roof, which supported the cooperative corporation's landscaped garden, was entirely the responsibility of the garage owner, and the trial court agreed. The Appellate Division reversed the lower court and granted summary judgment to the developer.

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 – Shareholders Derivative Action

Representation of a manufacturer in defending against 15 claims of fraud and breach of an employment agreement by a shareholder employee. The trial court dismissed all of the critical claims in the case, and the case settled on the day of trial for its nuisance value.

Law Firm – Withdrawing Partners

Representation of a group of departing law partners who were sued in an arbitration by their former law firm for leaving with clients and staff. The case proceeded to a three-week hearing, and all claims were dismissed.

Public Company – Securities Litigation

Representation of a public company in the successful defense of claims for violation of the federal securities laws. The plaintiffs claimed that they were fraudulently induced to modify their stock conversion rights in reliance on promises by their employer, and the District Court and Second Circuit dismissed the claims.

Major Developer – Strict Foreclosure

Representation of a purchaser at a foreclosure sale to remove retail leasehold interests through a strict foreclosure proceeding. The interests were extinguished in less than 120 days and the property was developed into a successful condominium in mid-town Manhattan.

Law Firm – Employment Discrimination Litigation

Representation on appeal of a prominent law firm in its defense of a lawsuit by a contract partner for sex discrimination and retaliation. The Appellate Division reversed the trial court and dismissed the case.

Commercial Bank – All Claims Dismissed in Check Fraud Litigation

Representation of the U.S. arm of an international bank in the successful defense of claims arising out of a massive check-kiting scheme by employees of an insurance company depositor. When the insurance company failed, a court-appointed receiver sought to hold the bank liable for over $250 million in losses resulting from the insurance company’s failure. The District Court dismissed the claims after discovery, and the Second Circuit affirmed the dismissal.

Advertising Company – Securities Litigation

Representation of a public advertising company in defense of claims for violation of the federal securities laws.

Religious Community Member – First Amendment/Defamation Suit

Representation of a woman claiming defamation against a group of rabbis for the publication of a "Heter Meah Rabbonim" under Jewish law. The effect of the Heter, which is a license to the woman's husband to take a second wife, was to destroy our client's reputation in her ultra-orthodox community.

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.