Matters

Sears Holdings Corporation, et al. v. Lampert, et al. (Bankr. S.D.N.Y.)

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.

International Arbitration Dispute

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.

BlueBay Total Return Credit Fund, et al. v. Fontana, et al. (NY Sup. Ct.)

Representing minority LLC member in derivative action against majority LLC members serving on board and their affiliated lender funds asserting claims for breaches of fiduciary duty and aiding and abetting such breaches.

Successful Representation of Defendant in Major Insurance Litigation

Herrick defended a managing general agent in a major breach of contract dispute with an insurance carrier seeking several hundred millions of dollars in damages. This case was high-stakes and complex, involving extensive document discovery, witness depositions, two motions to dismiss, several discovery disputes, numerous experts and an appeal of one motion to dismiss decision. Following intensive fact depositions, the parties reached a settlement on favorable terms for our client.