Successfully resolved a dispute on behalf of a national cleaning solutions company in connection with trade secret misappropriation and breach of restrictive covenant claims.
The New York State Division of Human Rights issued a finding of no probable cause and awarded a complete dismissal of claims in favor of the property manager, finding that the tenant was not subject to housing-based discriminatory practices related to familial status and/or race.
The New York State Division of Human Rights granted a complete dismissal of claims in favor of the non-profit, finding that its former employee was not subject to discrimination on multiple grounds. This was a pro bono matter.
Herrick defended a national manufacturer and retailer, in a wage and hour case alleging improper classification of independent contractors and gap time and overtime claims. Herrick was successful in obtaining dismissal of the original complaint, requiring the Plaintiff to replead. The matter is currently being litigated in light of the Plaintiff’s filing of an amended pleading.
Obtained a complete victory on behalf of the Executive Chairman of a publicly traded provider of digital accessibility solutions. Our client, along with the company and its CEO, were sued by a former executive after he was terminated for misrepresentations on his resume. After his termination, the plaintiff made allegations of retaliation and infliction of emotional distress. The Commercial Division dismissed all claims with prejudice.
Herrick represented an AI company serving the financial services sector and a senior executive in a trade secret dispute. In this matter, the executive’s former employer initiative a lawsuit in New York Supreme Court seeking a TRO and other injunctive relief which, after Herrick’s opposition, the Court denied. The former employer dismissed the lawsuit shortly thereafter. Herrick subsequently sued the former employer in arbitration for a declaratory judgment exonerating our clients—both the company and the executive. We simultaneously started a new lawsuit in New York Supreme Court against the former employer for fraud and tortious interference against our clients. A settlement was quickly negotiated on terms very favorable for our client, including the payment of attorneys’ fees and costs for our client.
Herrick is representing an operator of urgent care facilities in a class action brought by former employees in the Southern District of New York. The Plaintiffs allege minimum wage, overtime and pay frequency violations under the Fair Labor Standards Act and the New York Labor Law. Herrick successfully achieved the dismissal of several claims and is currently seeking to obtain full relief.
Herrick represents a home healthcare agency in a class action for alleged minimum wage, overtime, spread of hours and related claims under the New York Labor Law. This litigation remains ongoing.
Herrick obtained a motion to dismiss nearly in its entirety, with prejudice, in the Southern District of New York on behalf of our client, a real estate management company and its CEO. A former employee, who was operating his own competitive property management business, accused our client of breach of contract; employment discrimination; wage theft; and retaliation, under federal, New York and Maryland law.
Successfully negotiated the settlement of a state court class action lawsuit against addiction treatment facilities in the State of New York relating to allegedly unlawful time-shaving and rounding policies in violation of the New York Labor Law, as well as alleged pay frequency claims.
Defended a publicly traded financial institution against pre-litigation claims asserted by a former employee who alleged their termination was a result of sex/gender discrimination in violation of federal and New York State and City laws and an alleged deferral of a bonus violated the New York Labor Law. After a significant investigation, the parties engaged in private mediation and the matter was successfully settled via a confidential settlement.
Successfully defended our client, a waste management company, against allegations of discrimination and retaliation brought by a former employee via a charge filed with the Connecticut Commission on Human Rights and Opportunities ("CHRO") and the Equal Employment Opportunity Commission ("EEOC"). The complainant, a former truck driver of the company, alleged that he sustained an injury in the workplace and was subsequently discriminated against due to a perceived disability, denied a reasonable accommodation and was wrongfully terminated. The CHRO ultimately issued a finding of no probable cause and awarded a complete dismissal of claims in favor of our client.
Herrick defended a global automotive distributor and a former executive in a whistle-blower action brought by another executive alleging violations of the Conscientious Employee Protection Act. The Plaintiff alleged our client retaliated against him by threatening to terminate him, passing him over for promotion and denying him certain compensation following a report of certain alleged activities. The matter was settled under confidential terms.
Advised a non-profit organization with a restructuring plan involving management level employees, which included eliminating several roles and implementing new positions.
Defended a non-profit organization against allegations of discrimination and retaliation brought by a former employee via a complaint filed in the Southern District of New York.
Herrick assisted our client, a retail operator, with the termination of a senior executive who had returned from a leave of absence. Due to the proximity of the decision to terminate the leave, and despite valid business reasons supporting the decision to terminate, the executive claimed that the termination resulted from a disability. We successfully executed a separation agreement providing for a release of possible claims, as well as confidentiality and non-disparagement provisions protecting the company.
The Occupational Safety and Health Administration (“OSHA”), part of the U.S. Department of Labor, dismissed a whistleblower retaliation complaint in its entirety, finding no probable cause that the former employee’s termination was due to the former employee’s raising of safety complaints, but rather based on legitimate performance and conduct issues, resulting in no liability to the employer.
Represented owner of residential properties in the successful conclusion of proceedings and investigations brought by the New Jersey Attorney General, Division on Civil Rights for allegations of discrimination in housing.
The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a large real estate management company. The Division found that the former employee was terminated for legitimate business reasons, including egregious performance violations, and not based on age, disability, national origin, race or sex.
The New York State Division of Human Rights awarded a complete dismissal of discrimination claims in favor of the employer, a New York based health care provider. The Division found that a former employee was not terminated because of age, but for legitimate business reasons.
The City of New York Commission on Human Rights awarded a complete dismissal of all discrimination claims in favor of a residential real estate management company, finding that the potential tenant was not denied a property rental based on her disability.
The New York State Division of Human Rights issued a finding of no probable cause and awarded a complete dismissal of all claims in favor of the property manager, finding that a tenant was not subject to discrimination based on sex and/or status as a victim of domestic violence.
Secured a finding of no probable cause and dismissal of discrimination claims before the New York State Division of Human Rights in favor of a New York City-based private school, finding that the school properly considered the factors under the New York Correction Law in deciding to terminate the employee.
The New York State Division of Human Rights awarded a complete dismissal in favor of our client, an energy supply company, finding that its former employee was not subject to discrimination or a hostile work environment based on age.
Awarded partial summary judgement on behalf of commercial real estate client in a dispute with a former officer and member of the parties’ investment vehicle. The New York Federal Court held that that the plaintiff former officer breached contractual obligations and fiduciary duties by misappropriating resources and soliciting investors during his employment. The Court granted Herrick’s clients’ requested declaratory relief by holding that they properly ascribed “Cause” to the officer’s termination upon discovering the misconduct and validly effectuated the termination and redemption of his profits interest in the parties’ investment vehicle for a penny. The Court also ordered the disgorgement of the former officer’s salary and value of company paid benefits during his period of disloyalty together with injunctive relief requiring him to return all confidential and proprietary information. Notably, the Court also held that the officer’s new business and business partner were jointly and severally liable for aiding and abetting the breaches of fiduciary duty. The remaining claims asserted between the parties were resolved shortly thereafter on confidential terms.
The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a home health care agency, finding that its former employee was terminated for legitimate business reasons and not based on pregnancy, race, religion, family status, sex and/or disability.
The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a real estate management company, finding that the potential tenant was not refused a property rental based on age and national origin.
NYS Supreme Court awarded summary judgment in favor of the employer, one of the largest independent owners, suppliers and operators of gasoline stations, finding that the former employee was not terminated because of his alleged disability or age, but rather for legitimate business reasons including egregious performance violations.
Successfully obtained dismissal or early settlement of state and federal wage and hour individual and class claims (NYLL and FLSA), against employers in the real estate, healthcare, hospitality industries.
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.
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.
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.
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.
Secured the New York State Appellate Division, First Department's dismissal from a pending commercial litigation for lack of personal jurisdiction, finding that there was no personal jurisdiction solely on the basis of the corporate family’s New York presence.
Occupational Safety and Health Administration (OSHA) issued a finding of no reasonable cause dismissing claims brought by former bank employee who alleged that her termination violated federal whistleblowing laws.
Secured a dismissal of charge of racial discrimination and retaliation claims before the U.S. Equal Employment Opportunity Commission (EEOC) in favor of the manufacturer employer.
The New York State Division of Human Rights awarded a complete dismissal of all claims in favor of a real estate management company. The Division found that the former employee’s termination was not discriminatory, but rather due to her failure to comply with the NYC Vaccine Mandate and therefore her termination was not wrongful.
The New Jersey State Division of Civil Rights awarded a complete dismissal of all claims in favor of a real estate management company, finding that the potential tenant was not denied a property rental based on discrimination due to race or national origin.
The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a waste management company, finding that its former employee was not subject to discrimination based on disability.
Successfully defended a healthcare provider against alleged sex and gender discrimination and retaliation claims by a former employee. Obtained full dismissal of all claims in the U.S. District Court in the Southern District of New York.
In a theft of trade secrets action, successfully obtained a temporary restraining order which (i) barred our client’s competitor from any further use or access to misappropriated trade secrets, (ii) enforced our client’s restrictive covenants against a former employee, and (iii) prohibited the competitor from contacting or soliciting dozens of customers identified in our client’s stolen information.
Represented the U.S. affiliate of a billion-dollar inter-dealer French 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.
Successful defense of DataTreasury Corp. in a 41-day bench trial arising from claims by the company's former Chief Operating Officer that he was entitled to exercise certain stock options granted to him during his tenure. We helped obtain a decision dismissing all of the former executive's claims, based on his disloyal conduct in trying to usurp business opportunities coupled with his failure to properly exercise the options, defeated the plaintiff's multiple post-trial motions, and successfully defended those decisions before the New York State Appellate Division, Second Department which unanimously affirmed.
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.
Successfully defended New York City-based nursing and rehabilitation center in a purported class action claiming violations of FLSA overtime provisions. Obtained a full dismissal of the complaint on a pre-answer motion to dismiss, which was converted into a motion for summary judgment.
Successful defense of a real estate management company and its principal sued by a former residential janitor and two alleged former laborers at New York City properties managed by our client. The plaintiffs claimed minimum wage and overtime violations under the Fair Labor Standards Act and New York Labor Law, as well as related common law claims. The court granted, in substantial part, our motion to dismiss, striking 9 of the plaintiffs’ 12 claims in one of the first decisions to interpret the minimum wage and overtime provisions under New York law and the Minimum Wage Order for the Building Service Industry as they relate to residential janitors.
Defended individuals and related corporations affiliated with a global network of yoga studios in a highly publicized lawsuit in Arizona federal court in which more than two dozen plaintiffs asserted claims including fraud, undue influence, unfair and deceptive business practices, emotional distress, FLSA violations and civil RICO violations. Following a ruling dismissing the majority of claims, this litigation was ultimately terminated when all remaining causes of action asserted in an amended complaint were either dismissed by the court or withdrawn by the plaintiffs.
Represented a boutique investment bank in the pre-litigation resolution of a dispute with two former executives believed to have breached their employment agreements by misappropriating confidential information and soliciting clients after resigning their positions at the firm to join a direct competitor.
Represented a medical device company, and two individuals in a litigation brought in New Jersey state court by a competitor. The plaintiffs claimed that our clients had violated restrictive covenants in two former employees' contracts, and sought injunctive relief and damages. The Court denied injunctive relief, and the case settled before discovery with no payment by our clients.
