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.

Sports Representation Group – General Outside Counsel

General and strategic counseling to a sports representation group specializing in hockey.

Outside Counsel on Soccer Franchise Acquisition and Ownership Matters

Represented sports investor Joe Tacopina in soccer franchise acquisition and ownership matters including negotiating and structuring his exit as President and co-owner of the Italian soccer club Bologna F.C. 1909, and his ensuing acquisition of Venezia F.C. The VFC acquisition will provide Mr. Tacopina with the opportunity to return the team -- and the City of Venice -- to Serie A, Italy's top division.

Real Estate Family Business Divorce

Represented a member of a prominent real estate family in a business divorce and estate mediation following the death of the family patriarch, which involved the partition of approximately $500 million in real estate assets previously held by the family-owned business.

Sports Business Divorce

Represented a part-owner of a major professional sports franchise in numerous partnership disputes with the other owners.

Real Estate Investment Company – Appellate Counsel in Litigation over Failed $600 Million Acquisition

Herrick scored an important appellate victory for one of New York City's biggest property owners, re-opening the door for our client to seek substantial damages from its former partner in a high profile, but ultimately failed deal to purchase a nearly 50 percent interest in a two million square foot office and retail building in Midtown Manhattan. Replacing prior counsel, Herrick argued the client's appeal of the trial court's dismissal of its claims against parties alleged to have illegally deprived it of the benefits of the deal it had forged. In its ruling, the Appellate Division, First Department threw out the trial court's limit on damages our client can claim on its breach of the confidentiality agreement cause of action against the former partner, noting in the opinion that our client "plausibly alleges" the defendant's breach of the agreement caused our client to lose the deal.

Aircraft Retrofitter – Litigation in Connection with Aircraft Sale

Defense of an aircraft retrofitter in litigation filed in New York federal court alleging that the company conspired with a multinational aerospace and transportation company, named as a co-defendant, to sell a nearly $22 million jet to the plaintiff by falsely claiming the aircraft could be modified to fly internationally. Claims include fraud, negligent misrepresentation, and fraudulent inducement.

Ukrainian Technology Services Company – Breached Master Service Agreement

Herrick secured an extremely favorable settlement on behalf of a Ukraine-based technology service provider, resolving its claims against a US-based multinational financial services company in connection with more than $6 million in software development services rendered by our client. Significantly, this settlement was accomplished without engaging in potentially extensive and costly litigation.

Menswear Designer and Manufacturer – Licensing Agreement Dispute

Represented a formal menswear designer and manufacturer as defendant and third-party plaintiff in a dispute over alleged material omissions made during negotiations to renew a licensing agreement for several well-known clothing brands.

Restructuring Consultants – Negotiations to Recover Unpaid Fees

Representing investment bankers in negotiations to recover over $1 million in unpaid fees for their consulting roles in the restructuring of a US-based financial services firm.

Real Estate Brokerage and Investment Firm – Family Business Divorce

Representing a commercial real estate brokerage and investment firm and its principals in a business divorce dispute arising from the removal of a partner and the termination for cause of a former employee. This litigation, in which the opposing parties seek a judicial dissolution of the business, includes claims for breach of fiduciary duty, defamation, breach of contract, tortious interference and unjust enrichment.

Real Estate Investment and Development Firm – Dispute with JV Partner in Luxury Midtown Manhattan Apartment Tower

Representation of a real estate investment and development firm as plaintiff in litigation arising from allegations that a joint venture partner, and various entities under the partners' control, engaged in acts of self-dealing, fraud, waste and mismanagement of the jointly owned LLC created by the parties to construct, own and develop a Midtown Manhattan high rise luxury apartment building.

Aviation Services Company – Breach of Contract and Unjust Enrichment Claims

Negotiated a favorable settlement on behalf of an aviation services company to resolve breach of contract and unjust enrichment claims filed in New York federal court in connection with a business venture to purchase and modify a large commercial aircraft for a planned sale to a third-party for use as an executive business jet.

Real Estate Company – Significant Settlement in Legal Malpractice Dispute

Herrick negotiated a substantial settlement on behalf of a real estate holding company in a malpractice dispute with its former counsel over zoning analysis provided in connection with our client's acquisition of a valuable development property in Lower Manhattan.

$25 Million Jury Award – Retrial of Guaranty Case

Won a $25 million jury award in the retrial of a claim originally dismissed by the district court after trial but prior to going to the jury, then reinstated on appeal. The client, an entrepreneur and investor, brought in Herrick to retry the issue of whether the defendant's guaranties on loans made to certain fraudulent and judgment proof entities were enforceable. The jury agreed with our position that the guaranties were enforceable and awarded our client $25 million in damages.

Investment Fund – Breach of Participation Agreement Dispute

Herrick negotiated a very favorable settlement on behalf of an alternative investment fund in a breach of contract suit arising from a transaction in which our client acquired a 10 percent participation in a loan to a mining company. We sued in New York state court after realizing that a significant portion of the collateral securing the loan had been disposed of without our client receiving its pro rata share of the proceeds as required under the participation agreement. Herrick was able to negotiate a substantial settlement for the client that avoided the need for protracted litigation.

Borrower – Negotiated Settlement to Resolve Dispute with Guarantor

Negotiated a favorable settlement on behalf of a borrower to resolve litigation initiated by a guarantor seeking to recover damages arising from our client’s alleged default on loans totaling over $7 million.

Real Estate Family Divorce

Representation of two siblings against a third in connection with major litigation involving family real estate empire in State Court and Surrogate's Court. Won a three-week trial, then negotiated a very favorable settlement.

Real Estate Developer – West Side Development

Representation of a real estate developer in connection with litigation and related issues concerning the development of a significant parcel on Manhattan's West Side.

Individual – International Litigation

Representation of an individual in connection with U.S. litigation relating to a large international litigation in England involving global shipping.

Estate Mediation/Litigation – Successful Resolution

Represented the widow of a prominent NYC attorney in connection with a settlement between our client, her daughter and stepchildren over the proper distribution of the estate's assets among them. The child and stepchildren were unhappy with the expressed terms of the decedent's Will, and sought abatement of the bequests to our client. We successfully resolved the matter, avoiding lengthy and expensive proceedings in Surrogate's Court.

New Orleans Hotel Acquisition

Representation of a hospitality enterprise in the acquisition of a hotel in New Orleans.

Successful Resolution to FINRA Selling Away Investigation

Successfully represented a registered representative of a broker dealer against allegations of selling away (FINRA Rule 3040) in an investigation initiated by FINRA. The registered representative concluded the matter with a letter of caution.

Real Estate Developer – Business Divorce

Representation of a real estate owner/entrepreneur in a difficult business divorce from a longtime partner, involving numerous properties. We achieved a very favorable settlement with minimal litigation expense, and obtained a very favorable arbitration award on related issues.

Sports Investor – Acquisition of A.S. Roma

Advised a U.S. sports investor who was part of the first North American ownership group to purchase an Italian Serie A soccer team – A.S. Roma.

NHL Player Ilya Kovalchuk – Contract Dispute

Advised Ilya Kovalchuk in an arbitration between the National Hockey League and the National Hockey League Players Association (NHLPA), and negotiations among the league, the New Jersey Devils and the NHLPA regarding his 17-year, $102 million deal with the Devils, which was rejected by the NHL because it violated its collective bargaining agreement.

Telecommunications Company – Lanham Act Litigation and Government Investigations

Representation of a large prepaid calling card company in litigation brought by a competitor under the Lanham Act. We also counsel the company in investigations by various states' attorneys general and the Federal Trade Commission.

Investment Banker – Business Divorce

Representation of a partner in negotiating and implementing his separation from a boutique investment bank.

Beneficiary – Termination of Family Trust

Represented a beneficiary of two sizeable family trusts in the termination of the trusts and outright distribution of the trust assets after a co-beneficiary pushed for removal of the trustee and dissolution of the trusts. Successfully negotiated an out-of-court agreement between the parties that protected our client's interests and avoided costly litigation.

Telecommunications Services Company – Partial Ownership Assignment

Representation of a telecommunications services company in negotiating an amendment to the LLC Operating Agreement of a telecommunications company to reflect the assignment of a portion of the entity to a key employee. We previously represented the company in selling its assets and entities, described here.

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.

Marathon Quik Park – Joint Venture

Representation of Marathon Quik Park, one of New York's leading parking operators, in connection with a joint venture with a major rental apartment developer for the construction of a mixed-use garage and residential development in New York's garment district.

Tenant Garage Operator – Summary Judgment

Representation of a tenant garage operator in an action commenced by a landlord in Supreme Court, New York County that alleged that the tenant was negligent in the garage's maintenance and, as a result, it had to be renovated. The action was dismissed upon the court's granting of the tenant's summary judgment motion.

Financial Institution – Breach of Fiduciary Duty Defense

Representation of a large financial institution alleged to have breached its duties to a customer in connection with the diversification of a large account. We litigated the matter to a point where it could be settled through mediation on terms very favorable to our client.

Developer – Construction Litigation

Representation of a developer in a multiparty litigation involving alleged construction defects resulting from the conversion of a 17-story refrigerated building into a condominium property. Herrick replaced prior counsel, and was able to quickly settle lawsuits that had been pending in both federal and state court in New York for over a year.

Financial Institution – Junk Bond Dispute Mediation

Representation of a major financial institution in mediating a favorable settlement of a $135 million securities litigation. The plaintiffs alleged that the institution breached its duties as indenture trustee on a large junk bond offering.

Telecommunications Company Founder – Breakup and Sale Dispute

Representation of the founder of a pre-paid telephone card company in successfully defending a suit by alleged former partners seeking $250 million in damages related to the $400 million sale of the company to a publicly held telecom company.