Hedge Fund Manager – No Action Letter in SEC Insider Trading Investigation

Successfully represented a hedge fund manager and his fund in an SEC insider trading investigation involving a US-based, multinational technology company and the alleged intentional manipulation of securities prices through the creation and spreading of false information.  The investigation concluded with the issuance of a no-action letter from the SEC. 

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.

Professional Baseball Team – Summary Judgment in Breach of Contract Dispute

Represented a professional baseball team in securing summary judgment in a federal court litigation arising from the breach of a multi-year advertising agreement with a mobile security firm. The court awarded our client $1.7 million, plus interest and late fees, as well as attorneys’ fees and costs.

Private Equity Firm – Breach of Contract Claims

Defending a global life sciences private equity fund, several related entities and individual defendants in a federal lawsuit brought by a former general counsel and partner alleging breaches of certain partnership and employment agreements.

Real Estate Management Company – Precedent Setting Decision in Wage & Hour Action

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.

Title Insurance Companies – Successful Resolution to Mortgage Fraud Litigation

Herrick achieved significant victories on behalf of title insurance companies in litigation with two former employees and a title issuing agent formerly authorized to issue policies on our clients' behalf, in connection with an alleged mortgage fraud scheme involving "mortgage stacking," or the practice of fraudulently obtaining multiple mortgages on a property by concealing outstanding liens. After negotiating a very favorable settlement with the corporate defendants, the firm obtained a decision referring an inquest on damages against the individual defendants to a Special Referee whose report, which recommended substantial damages, was ultimately confirmed by the court.

Appellate Division Reverses Civil Penalty against Landlord over ADA Accommodations

Herrick achieved a significant appellate victory on behalf of a national real estate development and management firm, securing a ruling from the Appellate Division, Second Department that reversed a New York City Commission on Human Rights order requiring the client to pay a $185,000 fine for denying a tenant's request to construct a handicapped-accessible entrance to her Queens apartment. In its ruling, the court wrote that the record lacked "substantial evidence" to contradict our client’s claim that installing an accessible entrance was not structurally feasible. The decision was the culmination of a nearly 6-year-long dispute in which we initially prevailed on the client’s behalf before an administrative law judge who held that the proposed accommodation sought by the tenant was not reasonable. The Commission, however, summarily rejected the ruling, and awarded $200,000 in damages and penalties. A Queens Supreme Court affirmed the agency’s decision but reduced the award of damages. On appeal, and after oral argument, the Second Department reversed the trial court’s decision, holding that the Commission’s determination of unlawful discrimination and award of damages should have been annulled in its entirety.

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.

Senior Investment Banker – SEC/FINRA Investigations

Representation of a senior investment banker in parallel SEC and FINRA investigations relating to allegations of fraud and misrepresentation in connection with the sale of private equity securities.

Favorable Resolution Negotiated in FINRA Customer Arbitration Alleging Sales Practice Violations

Herrick successfully defended a leading investment banking and brokerage firm in a FINRA arbitration initiated by the beneficiary of an estate seeking to hold our client liable for the alleged misconduct of the estate's trustees, including alleged defalcation, in connection with significant losses incurred by a brokerage account opened on behalf of the estate. Herrick was able to negotiate an extremely favorable settlement involving no admissions of wrongdoing or further disciplinary actions by FINRA. 

Financial Advisory Group – FINRA Arbitration

Negotiated a favorable, but confidential, settlement on behalf of a premier wealth management group at a global financial services firm in FINRA arbitrations relating to disputes with their former employer.

Investors – Resolution of Fraud and Breach of Contract Claims

Negotiated a favorable settlement involving the payment of significant monetary damages on behalf of a New York limited partnership to resolve allegations of fraud and dissipation of family trust assets against a major offshore bank and international investment advisors. 

Favorable Resolution in FINRA Arbitration Initiated by Former Managing Director

Herrick successfully defended a midmarket investment bank and brokerage in a FINRA arbitration initiated by a former Managing Director who alleged that our client had wrongly denied him commissions on deals in which he claimed to have been involved. The parties ultimately entered into binding mediation where virtually all claims against our client were dismissed and the matter was resolved with a minimal settlement that was a small fraction of the amount initially claimed.

Broker Dealer – SEC Investigation

Representation of a broker dealer in connection with an SEC insider trading investigation.

Broker Dealer – Wage & Hour Class Action

Representing a registered broker dealer in a purported wage and hour class action filed on behalf of sales people allegedly misclassified as exempt from minimum wage and overtime compensation.

Wealth Management Division – Closure of FINRA Sales Practice Investigation and Dismissal of Related Customer Arbitration

Successfully represented the wealth management division of a major international bank, obtaining the closure, with no further action, of a FINRA investigation into alleged sales practice violations and the dismissal of a related customer arbitration alleging unsuitable investments in structured products.

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.

Private Equity Firm – Settlement with SEC – Alleged Violations of Broker-Dealer Registration Requirements

Herrick represented a prominent real estate private equity firm in a precedent-setting and favorable settlement with the Securities and Exchange Commission related to the use of a finder in raising capital and the application of broker-dealer registration requirements.

Major League Baseball Franchise – Contract Dispute

Obtained summary judgment, including dismissal of all claims and recovery on counterclaim for breach of contract, on the district court level on behalf a Major League Baseball franchise in a contract dispute involving advertising and sponsorship rights, and protected judgment on appeal to the Second Circuit.

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.

Global Manufacturer – Trade Secret and Unfair Business Practice Litigation

Successful representation of a global manufacturer in litigation to enforce restrictive covenants against former high-ranking employees.