Serving as Co-Counsel to the Official Committee of Unsecured Creditors, on behalf of Debtors’ estates, in lawsuit asserting fraudulent transfer, breach of fiduciary duty, and related claims in connection with prepetition transactions totaling billions of dollars.
Representing indenture trustee for convertible noteholders in connection with Debtors’ bankruptcy cases.
Successfully defended an international manufacturer against a complex, multi-million-dollar breach of contract claim brought by a U.S. trading company involving the sale of petrochemicals, including an award of attorneys’ fees, expenses and costs. The representation included a seven-day trial involving multiple fact and expert witnesses.
Herrick regularly represents NFP, a national insurance brokerage and consulting firm, in connection with a pre-litigation disputes and litigation.
Herrick successfully represented a financial services advisory in a complex business dispute, including breach of contract, shareholder and conversion claims, where the New York County Supreme Court granted our clients’ motion to dismiss the conversion claims and awarded our client costs and attorneys’ fees. The remaining claims are subject to a pending summary judgment motion.
Herrick successfully represented a commercial business in a dispute with their landlord where their landlord sought to evict them by issuing a notice to terminate their “tenancy” by issuing a 90-day termination notice. After the parties were unable to reach a settlement, Herrick filed a motion for summary judgment seeking dismissal of the proceeding. The Court ultimately granted our client's motion in its entirety and dismissed the proceeding due to the landlord’s failure to accurately describe their legal relationship.
Represented a debt broker in a lawsuit arising from a guaranty executed in connection with a real estate development project. A third-party plaintiff asserted claims including fraudulent inducement, negligent misrepresentation, breach of fiduciary duty, indemnification and unjust enrichment, alleging he was misled into signing the guaranty. Herrick secured dismissal of all claims, with the court finding that the plaintiff failed to establish justifiable reliance, did not satisfy New York’s heightened pleading standards for fraud-based claims and could not establish personal jurisdiction over the defendant. The court further held that the defendant, as a non-party to the guaranty, was not bound by the agreement’s forum-selection clause.
