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.
Herrick represented the owner of commercial property in New York City in a breach of contract dispute. Our clients were sued by the former property manager who alleged the breach of an agreement to pay the former property manager a commercial brokerage leasing commission. The Herrick team obtained a total victory for our clients when, after several years of litigation, the New York State Supreme Court granted our client’s motion for summary judgment dismissing the former property manager’s complaint in its entirety.
Herrick successfully obtained a court order requiring a commercial tenant to make use and occupancy payments during the pendency of an eviction and nonpayment action. The matter involved Gramercy Park Partners, LLC, owner of 2 Lexington Avenue—the site of the iconic Gramercy Park Hotel—seeking relief against its tenant for failure to pay rent and real estate taxes. The Supreme Court of New York directed the defendants to pay ongoing use and occupancy at the lease rate, as well as all outstanding and future real estate taxes.
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.
Serving as outside employment counsel for the U.S.-based operations of an international non-profit organization. We work closely with both U.S. and global leadership on workplace policies along with anti-harassment and anti-discrimination training of personnel, day-to-day employment matters that arise, including offer letters and separation agreements.
Conducted an internal investigation for our client, a portfolio of global fashion brands, into claims of harassment and discrimination against a member of senior management. The investigation found no evidence of harassment or discrimination. We assisted the client in making sure the investigation was concluded in accordance with New York State and New York City laws.
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.
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.
Represented an affiliate of a New York City-based family office on the approximately $28.6 million sale of a largely vacant commercial building in the Chinatown neighborhood of Manhattan. The sale was following a bankruptcy court order, in a Chapter 11, single-asset bankruptcy case.
Represent a New York-based lender, who provides loans to revitalize and recapitalize commercial real estate properties, in foreclosure and deficiency proceedings.
Represented the shareholders of Michel Design Works Ltd, a leading omni-channel lifestyle brand, in connection with its stock sale to Stonewall Kitchen, a premier specialty food and home goods platform in North America. Stonewall Kitchen is a portfolio company of Audax Private Equity, which has invested over $7 billion in more than 140 platforms and over 1,000 add-on companies.
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.
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 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.
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 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.
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.
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.
Works extensively with audit committees, boards of directors, legal departments, and HR professionals to create and implement policies and procedures, and conduct training programs designed to combat illegal harassment, discrimination and retaliation in the workplace. Advise and counseling also includes navigating companies through the evolving laws, executive orders and guidelines concerning Covid-19.
Successfully defended a major telephone company against claims brought by a New York City contractor seeking several million dollars in fees for “interference work” under a municipal contract. Our client challenged the interpretation of a common law rule related to interference work, although many contractors had been utilizing this interpretation for years in order to obtain payments for this work from the utilities. This Appellate Division decision affirmed the correct interpretation of the common law which only allows the City (and not a private contractor), when utilizing its police powers, to require payment from utilities for protection or relocation of its facilities. Going forward, utilities may have substantial sums that they were previously led to believe that they were responsible.
Represented real estate debtor as special litigation counsel. Won motion to dismiss adversary proceeding, which was affirmed on appeal. 684 B.R. 734 (S.D.N.Y 2022)
Represented debtor in Chapter 11 proceeding involving the William Vale Hotel, a luxury hotel in Brooklyn. This matter began as a commercial lease dispute and evolved into a multifaceted adversarial proceeding that came to a close with the $177 million sale of the hotel pursuant to plan of reorganization. This resulted in a rare Chapter 11 case where all creditors were paid in full. 654 B.R. 524 (Bankr. S.D.N.Y. 2024) and 660 B.R. 534 (Bankr. S.D.N.Y. 2024).
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.
