Nursing and Rehabilitation Center – Dismissal of FLSA Class Action
Successful defense of 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.
Fitness Center – Employment Litigation
Representation of a New Jersey fitness center in its severance agreements and employment disputes, including an action for wrongful termination based on disability.
LED Display Manufacturer – Employment Issues
Represented an LED display manufacturing company in employment issues, restrictive covenant enforceability, and contract disputes.
National Importer and Distributor – Counsel on Employment Matters
Representation of a major national specialty food importer and distributor in all aspects of its employment disputes, including contracts and risk management.
New York City Restaurant – Employment Issues and Audit
Representation of a famous New York City restaurant in employment issues and a Department of Labor audit.
Assisted Living Facility – Employment Issues and Audit
Representation of an assisted living facility in employment issues and a Department of Labor audit.
Real Estate Investment Company – Counsel on Employment Matters
Representation of a real estate investment firm in all aspects of its employment disputes, including contracts and risk management.
Business Services Company – Employment Issues
Representation of a provider of maintenance, cleaning and security services to New York City businesses in employment disputes and risk management issues.
Broker/Dealer – Non-Solicitation Dispute
Representation of a registered broker/dealer in defending an action for a temporary restraining order brought by a competitor seeking to restrain our client’s brokers from contacting their respective clients.
Asset Management Company – Employment Issues
Representation of one of leading independent asset management companies in its defense of a wrongful termination action claiming religious discrimination, and in a separate action claiming discrimination based on disability. We continue to represent the company in all aspects of its employment disputes, and in risk management issues.
Inter-Dealer Brokerage Firm – $500 Million Raiding Case
Represented the affiliate of a billion-dollar inter-dealer 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.
Real Estate Brokerage – Employment Dispute
Representation of a real estate brokerage in an action by a former employee for age discrimination and breach of oral contract promising severance. The Court dismissed the breach of contract claim, finding the oral contract too vague to be enforceable.
Equity Ownership and Employment Matter
Represented the president and managing principal in negotiating equity ownership and employment with a high-end real estate investment bank owner/operator.
New York Bakery Group LLC – Employment
Represented the New York Bakery Group in its engagement of an executive pastry chef.
eBrandValue – Licensing
Represented eBrandValue, a company that monitors and catalogs content from social media networks to evaluate and analyze the efficacy of a business' brand marketing strategy, in the licensing of its IP assets and in related employment matters.
Labor Union – Ethical Practices Counsel
Advised the Ethical Practices Counsel of a major international labor union concerning allegations of organized crime influence and corruption.
Medical Device Company – Raiding
Representation of a medical device company in avoiding litigation threatened by a competitor over our client's hiring of several of the competitor's employees.
Medical Device Company – Employment Contract Litigation
Representation of 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.
Real Estate Technology Company – Outside General Counsel
Representing a growing real estate technology company, as outside general counsel, in acquisitions, licensing agreements and employment issues.
Ward v. Helmsley – Employment/Real Estate Litigation
Representation of the former COO of Helmsley Enterprises in a suit against Leona Helmsley related to an improper firing, breach of an agreement to sell 60 coop apartment units, and breach of a confidentiality agreement. This litigation received intensive publicity, with a front-page article in The Wall Street Journal, and articles in the New York Post and New York Daily News. Lead counsel Ray Hannigan was interviewed on Fox News and was a frequent "Boldface Name" in the New York Times. See Boldface Names, The New York Times (July 24, 2002).
Garment Manufacturer – Employment Litigation
Represented a prominent garment manufacturer in all aspects of employment law, including action by former employees claiming discrimination based on perceived sexual orientation and a hostile work environment.
Real Estate Technology Company – Employment Issues
Representation of a company specializing in data and analytics in the residential real estate industry in a lawsuit by a former employee claiming wrongful discharge on the basis of gender discrimination and sexual harassment. We also represent the company in all aspects of its employment disputes, including contracts and risk management.
Small Bone Innovations – Counsel on Employment Matters
Representation of Small Bone Innovations in all aspects of its employment disputes, risk management, restrictive covenant analysis, and the drafting and negotiation of executive contracts and severance agreements.
Worldwide Leader of Intent – Based Solutions
Representation of company in employment litigation including defending an action commenced by a former employee alleging religious discrimination, and all aspects of employment matters including severance, contracts, and exit incentive plans.
Architecture Firm – Discrimination Claim
Representation of large architecture firm in all aspects of employment disputes and risk management issues, including defense of suit alleging gender discrimination.
Network Technology Company — Wage/Hour Class Action
Successful representation of a network technology company in litigating and settling a putative class action lawsuit brought by network technicians based on an alleged failure to pay prevailing wages and benefits on publically financed construction projects.
Residential Healthcare Facility – Wage/Hour Class Action
Representation of a nursing and residential health care facility in a wage and hour collective and class action lawsuit alleging violations of federal and state labor laws. This litigation was settled on terms favorable to our client.
International Media Company – Workers’ Compensation
Representation of an international media company in an investigation by the New York State Workers' Compensation Board.
National Energy Supplier – Wage/Hour Class Action
Negotiated a favorable settlement on behalf of a national energy service company, avoiding protracted litigation in a wage and hour class action lawsuit alleging violations of federal and state labor laws.
COATL Capital, LLC – Family Office
Represented client in the formation of an investment advisor focusing on Latin American clients. Draft various employment and severance agreements for employees of the new investment advisor.
Zentek Automation US – Employment Release
Representation of Zentek Automation US in connection with termination of employee and negotiation of severance agreement.
Sports Franchise – Compensation Plans
Represented a major sports franchise in the establishment of restricted stock unit and stock option plan for executives.
Real Estate Investor – Employment Agreement
Representation of client in connection with negotiation of an employment agreement with an investment fund.
Employment Contract Negotiation
Represented a client in connection with negotiation of employment contract with TPG Capital.
Employment Separation Agreement
Representation of a senior executive of a major hotel chain regarding an employment separation agreement.
Financial Services – Trader Employment Agreement
Represented a financial services firm in the development of an employment agreement template addressing protection of trading algorithms and other proprietary information.
Global Insurance Company – Counsel on Employment Matters
Representation of a global insurance company in all aspects of employment matters including the analysis of restrictive covenants, contracts, executive compensation and exit incentive plans.
World-Class Asset Integrity Management – Employment Litigation
Representation of global asset integrity management company in the award of an injunction restraining competitor and key employees from raiding workforce, misappropriating confidential information and solicitation of customers.
Talent Management Services – Former Employee/Shareholder Litigation
Representation of a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
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 – Sexual Harassment Mediation
Represented a manufacturing company in the successful mediation of claims for sexual harassment and constructive termination.
Newspaper Editor – Termination
Representation of the former editor of a major New York newspaper in connection with his termination.
Offshore Insurer – ERISA Stop-Loss Insurance
Advice to an insurer on providing stop loss insurance to large employers which provide group health insurance coverage to their retirees under self-funded welfare benefit arrangement plans (Section 419E plans under ERISA).
Financial Services Company – Arbitration
Defense of a pre-eminent financial services company in an arbitration involving numerous brokers who left a competitor to work for our client. The competitor claimed breach of non-solicitation and confidentiality provisions in the brokers' contracts.
Broker-Dealer – Employment Contracts
Representation of a regional bank broker-dealer in preparing employment contracts to hire an account executive.
Large Asset Manager – Discrimination Case
Representation of a large asset manager in a national origin case based on disability and religion.
Private Equity Client – Executive Retention Program
Represented a private equity client in developing an executive retention program for one of its portfolio companies that was designed to create incentives for executives to remain with the portfolio company while the company was pursuing options for reorganizing the company, including a possible sale of the company.
Financial Services Firm – Allegations of Theft of Confidential Information / Wrongful Solicitation of Clients
Representation of key employees of financial services firm in a case brought by a competitor alleging misappropriation of confidential information and wrongful solicitation of clients.
Consumer Products – Arbitration
Represented a consumer products company in connection with an arbitration challenging the termination of a senior executive.