Appellate Victory Dismissing Former Employer’s Claims against Asset Management Executive

Herrick secured a complete appellate victory in its defense of a hedge fund industry veteran against claims asserted by an asset management firm, where the client had formerly been employed as joint CEO. In its ruling, the Appellate Division, First Department unanimously reversed, with costs, the trial court’s order denying our motion to dismiss the complaint. In its opinion, the appellate court agreed that the plaintiff’s breach of contract, promissory estoppel and unjust enrichment claims, arising from an alleged oral agreement, were time-barred.

Trust Administrator – Breach of Contract

Defending a provider of specialized administrative and corporate governance services against accusations of contractual breach and negligence in connection with the administration of trust issues related to a portfolio of student loan backed notes.

New York Court of Appeals Victory for Capital One N.A.

Won an important victory before the New York Court of Appeals on behalf of a major national bank regarding the shortening of the limitations period contained in New York’s UCC 4-406 which governs a bank customer's duty to discover and report unauthorized signatures or alterations. In a significant decision for the banking industry, the Court of Appeals held that two financially sophisticated parties can modify UCC 4-406’s statutory one-year period for reporting unauthorized activity to 14 days, the time frame provided for in the bank documents between the parties. Herrick represented Capital One through every stage of the dispute, obtaining dismissal of the customer’s complaint at the trial court which awarded summary judgment to Capital One on all of its counterclaims.

Dismissal of Hurricane Sandy Class Affirmed on Appeal

Successfully defended three owners of sizable residential portfolios and five managing agents of rental properties located in downtown Manhattan in a putative bi-lateral class action brought by three plaintiffs seeking statutory rent reimbursement for loss of services during Hurricane Sandy. Herrick obtained dismissal of the complaint on a pre-class certification motion for summary judgment made prior to any discovery, asserting that the class claims as pled failed to satisfy the statutory requisites of a class action. On plaintiffs’ appeal, the Appellate Division, First Department unanimously affirmed.

Global Manufacturer – Favorable Settlement in Legal Malpractice Litigation

Negotiated a favorable settlement on behalf of a Fortune 500 manufacturer to resolve a legal malpractice action brought against the client’s former counsel, a national law firm, in connection with the firm’s representation of the client in a multi-million dollar product liability litigation. The settlement was reached on the day of jury selection following a ruling granting our client summary judgment on the issue of the defendant’s malpractice.

Outdoor Advertising Company – Preliminary Injunction Secured in Dispute over Times Square Billboard Lease

Represented a major outdoor advertising billboard company in seeking a permanent injunction to prevent the termination of a valuable lease for an iconic LED billboard space in the heart of Times Square. Following the landlord’s refusal to honor our client’s right to exercise a 10-year renewal option in the lease, Herrick secured a temporary restraining order preventing the defendants from taking steps to terminate or otherwise interfere with our client’s possession of the space. When negotiations failed to resolve the differences between the parties, Herrick successfully argued for a preliminary injunction pending a determination on the merits. In the wake of these successes, and on the eve of arguments on our motion for summary judgment, Herrick was able to negotiate a very favorable settlement that allowed our client to renew the lease and maintain its possession of the billboard space.

Commercial Bank – Pre-Trial Dismissal of Negligence Claims

Obtained pre-trial dismissal of negligence claims against a commercial bank in connection with a former employee's misappropriation and embezzlement of plaintiff's assets.

Global Manufacturer – Vendor Contract Dispute

Representation of a global manufacturer in resolving breach of contract claims filed in New York state court by a travel services consortium in connection with an agreement to provide global travel management services.

National Drug Retailers – Litigation to Recover Property Tax Overcharges

Represented national drug retailers in lawsuits alleging that property managers over billed them millions of dollars for their share of property taxes - successfully opposing the property managers’ motions to dismiss in the trial court and on appeal before the New York Supreme Court's Appellate Division.

National Drugstore Chain – Dismissal of Purported Class Action

Successfully argued summary judgment motion obtaining dismissal of all claims against a national drug retailer targeted in a proposed class action lawsuit asserting claims for fraud and violations of the NY General Business Law.

National Retail Chain – Pre-Trial Dismissal of Claims Under 42 U.S.C. § 1983 and The Fair Labor Standards Act

Obtained pre-trial dismissal of claims against a national retailer brought by a former employee under 42 U.S.C. § 1983 and The Fair Labor Standards Act, and attendant state law claims for malicious prosecution, negligence, punitive damages, false arrest and abuse of process.

International Real Estate Investment Firm – Real Estate Brokerage Dispute

Negotiated a favorable settlement on behalf of the North American arm of an international real estate investment and finance company to resolve litigation over a brokerage commission in connection with the client’s acquisition of an iconic Los Angeles building.

Major NYC Children’s Clothing Retail Chain – Employment Class Action

Represented children’s clothing retail chain and its founders in a class action alleging failure to pay overtime and other violations of state and federal labor laws, including claims for violations of the Family Medical Leave Act, discrimination based on disability, harassment and retaliation. Herrick was able to settle the dispute quickly on terms favorable to our client and without any admissions of wrongdoing.

Music Company Executive – Breach of Contract

Obtained dismissal of action alleging breach of employment contract and fraud against a music executive sued by a major record label claiming the client used a multimillion dollar contract negotiated with the label as leverage to obtain a promotion with his current employer, another leading music company.