Real Estate Firm – West Side Stadium Project – Naming Rights
Represented a prominent real estate firm, as lead counsel, in structuring and negotiating primary naming rights and secondary cornerstone sponsorship agreements for a proposed mixed-use real estate and stadium development project located on the west side of Manhattan.
Legends Hospitality – VenueNext
Represented Legends Hospitality in an investment in VenueNext, a technology company that provides smartphone-based software that gathers fan metrics and analytics at stadiums, arenas and other large scale entertainment venues.
Intelsat Corporation – 11th Circuit Victory in Fraudulent Conveyance Litigation
Represented Intelsat in its victory in the 11th Circuit, capping a 7-year litigation during which Herrick's arguments on behalf of Intelsat were upheld at every step. The trustee of the PSN USA Liquidating Trust originally sought to recover more than $7 million in disputed payments. During the discovery phase of the case, Herrick established that approximately $4 million of the payments were indisputably valid, leading the trustee to drop that portion of his claim. As to the remaining $3 million, the 11th Circuit's decision confirmed the decisions of the bankruptcy court and the district court that the payments to Intelsat could not be clawed back.
Top Rank – Floyd Mayweather, Jr. v. Manny Pacquiao
Represented Top Rank in the worldwide promotion of one of the biggest boxing matches of all time - the 2015 Floyd Mayweather, Jr. v. Manny Pacquiao fight at the MGM Grand in Las Vegas. The event was promoted by Mayweather Promotions LLC, Top Rank, Showtime Networks and HBO and telecast live to more than 150 countries outside of the U.S. and Canada.
Top Rank – Manny Pacquiao v. Chris Algieri
Represented Top Rank in the HBO Pay-Per-View worldwide promotion of the Manny Pacquiao v. Chris Algieri world championship title bout held November 22, 2014 at the Cotai Arena in Macau, China.
New York Market Radio – General Corporate
General corporate representation of New York Market Radio, a non-profit marketing association supported by the New York area radio stations.
New York City FC – Radio Broadcast Agreement
Represented New York City Football Club in a multi-year radio license with CBS Radio to broadcast the team's matches on WFAN 660 AM / 101.9 FM.
Palcap Advisors – Inergex Acquisition
Represented Palcap Advisors in its acquisition of Inergex, LLC, an IT services company, through a stock purchase and subsequent merger.
Telecommunications Company – NYC Fiber Optic Franchise
Represented a major new telecommunications company in negotiating and obtaining approval for New York City franchise to install fiber optic cable throughout the City of New York.
Global Advertising Company – $10 Million Avoidance Action
Negotiated a settlement equal to two percent of the original demand on behalf of a global advertising services company in a $10 million avoidance action arising from a subsidiary's involvement in the advertising and branding campaign for the failed Fontainebleau hotel and casino in Las Vegas.
U.S. Commercial Bank – Hylan Credit Facility
Represented a U.S. commercial bank, as lender, in a secured credit facility consisting of a term loan and a revolving loan to Hylan, a fiber optic data communications contractor, to finance a recapitalization resulting in the sale of 50% of the company to a private equity firm. The loans are secured by a first lien on all present and future assets of the borrower.
Top Rank – Julio Cesar Chavez Jr. v. Bryan Vera
Represented Top Rank in the Julio Cesar Chavez Jr. v. Bryan Vera HBO televised super middleweight bout held March 1, 2014 at the Alamo Dome in San Antonio, Texas.
Top Rank – Sony Playstation 4 Sponsorship
Represented Top Rank in SONY Computer Entertainment's sponsorship of Top Rank's pay-per-view boxing programs. The sponsorship will give the Sony PlayStation 4 brand prominent placement at Top Rank's internationally televised matches, beginning with the April 12, 2014 Manny Pacquiao vs. Timothy Bradley rematch at the MGM Grand Garden Arena in Las Vegas.
Yankee Global Enterprises – 21st Century Fox Acquisition of YES Network
Represented the New York Yankees and Yankee Global Enterprises in 21st Century Fox's multi-billion dollar acquisition of a majority stake in the Yankees Entertainment and Sports Network (YES Network). The two-step acquisition raised 21st Century Fox's ownership position in the regional sports network to 80 per cent. The remaining 20 per cent stake continues to be held by Yankee Global Enterprises.
Google Inc. – NJ Appellate Division Affirms Summary Judgment
Represented Google Inc. before the NJ Appellate Division, which affirmed summary judgment granted by the New Jersey Superior Court in favor of Google, dismissing claims by an online merchant for breach of contract and the covenant of good faith and fair dealing. The appellate court upheld the terms and enforceability of Google’s online merchant "click-wrap" agreement, including its liability limitations, while rejecting plaintiff’s claim that it was an unenforceable contract of adhesion. D’Agostino v. Appliances by Phone, Inc., et al., 2016 N.J. Super. Unpub. LEXIS 504 (Mar. 8, 2016).
Yankee Global Enterprises Affiliate – New York City FC
Represented an affiliate of Yankee Global Enterprises, LLC and the New York Yankees in their joint venture with Manchester City to create New York City FC, Major League Soccer's 20th franchise.
Telecommunications CEO – Dismissal of Securities Class Action
Represented the former CEO of a public telecommunications company in two securities fraud class actions stemming from the company's bankruptcy. The first complaint alleged fraud in connection with disclosures about the company's credit facility. The plaintiffs then filed a second class action alleging that our client engaged in accounting improprieties and caused the company to issue false financial statements. The court granted our motion to dismiss the second complaint, and we were able to obtain a settlement of the entire matter on terms that were very favorable to our client.
Yankee Global Enterprises – Senior Credit Facility
Represented Yankee Global Enterprises in the refinancing of its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises is a holding company that invests in media and sports-related businesses, including the New York Yankees.
Legends Hospitality – One World Trade Center Observatory
Represented Legends Hospitality in the development and operation of the observation deck at the top of One World Trade Center.
Top Rank – Julio Cesar Chavez v. Sergio Martinez WBC
Represented Top Rank in the Julio Cesar Chavez v. Sergio Martinez WBC middleweight championship bout held September 15, 2012 at the Thomas & Mack Center in Las Vegas and telecast on HBO pay-per-view.
Top Rank – Manny Pacquiao v. Timothy Bradley Jr. WBO
Represented Top Rank in the Manny Pacquiao v. Timothy Bradley Jr. WBO welterweight championship bout held June 9, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
Top Rank – Manny Pacquiao v. Juan Manuel Marquez IV WBO
Represented Top Rank in the Manny Pacquiao v. Juan Manuel Marquez IV WBO held December 8, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
Regional Sports Network – $630 Million Credit Facility
Represented a leading regional sports network and franchise in the negotiation and closing of $630 million senior secured credit facility.
Online Marketing Company – National Leasing Matters
Represented an online marketing company in office lease agreements in a number of U.S. states, including New York, Boston, Arizona, Virginia and Texas.
Yankee Global Enterprises LLC – Refinancing
Represented Yankee Global Enterprises LLC in refinancing its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises LLC is a holding company that invests in media and sports related businesses, including the New York Yankees.
Legends Hospitality – Senior Secured Credit Facility
Represented Legends Hospitality, LLC and Legends Premium Sales, LLC in connection with their senior secured credit facility consisting of a term loan and a revolving credit facility with a letter of credit and swing line subfacilities. Legends Hospitality provides sports and entertainment venues with food, beverage, merchandise and other hospitality services.
Plainfield Asset Management – Wake Music Catalog
Represented Plainfield in selling the Wake Music Catalog—a catalog of approximately 4,000 songs, including hits by Jennifer Lopez and other internationally renowned recording artists.
Planet Hollywood – New Restaurant Leases
Represented Planet Hollywood International, Inc. in connection with the negotiation of leases for new restaurants in New York, Los Angeles and Boca Raton.
Documentary Film – Copyright Infringement
Represented the producers and director of a documentary film in an action for copyright infringement tied to the use of certain pre and post 1972 sound recordings as background music under public television compulsory license provisions of the Copyright Act. We negotiated an early settlement that was satisfactory to our clients with no economic impact.
New York Yankees/Top Rank – Stadium Slugfest
Represented both Top Rank and the New York Yankees in the Stadium Slugfest event at Yankee stadium. The event featured the Super Welterweight Championship bout between Yuri Foreman and Miguel Cotto. This was the first boxing event at the new Yankee Stadium, which generated a great deal of media coverage and was offered as part of HBO's regular subscription service rather than pay-per-view. We represented Top Rank and the Yankees with respect to the site agreement, and also produced all agreements with the fighters, HBO, the international TV broadcasters and sponsors.
Intelsat – Bantel, LLC
Represented Intelsat Corporation in chapter 11 proceedings of a satellite telecommunications company (S.D. Fla.).
Intelsat – Protostar
Represented Intelsat Corporation as successful purchaser of Protostar I satellite for $210 million in bankruptcy auction (D.Del.)
Intelsat – Sea Launch
Represented Intelsat Corporation in chapter 11 proceedings of satellite launch service provider (D.Del.)
Telecommunications Company – Class Action Dismissal
Represented a major telecommunications company in a New Jersey class action lawsuit alleging overcharges for telephone services.
Canadian Hydroelectric Utility – Swap Rate Agreements
Represented a Canadian hydroelectric utility on the enforceability and possible breaches of interest rate swap agreements it had entered into with one of the largest US insurance companies, which eventually became subject to the US financial bailout program.
Intelsat – Tribune Company
Represent Intelsat Corporation in Chapter 11 proceedings of a diversified media company. (D. Del.)
Intelsat – Equity Media Holdings Corp.
Represent Intelsat Corporation in connection with Chapter 11 proceedings of a television station operator. (E.D. Ark.)
Legends Hospitality – Joint Venture Formation
Represented Legends Hospitality LLC - a joint venture among the Yankees, Dallas Cowboys and two private equity firms—in setting up business operations (which include running concession services at stadiums, arenas and other large venues), obtaining necessary permits and authorizations in New York, New Jersey, Pennsylvania, Texas and Florida, and protecting the company's intellectual property rights.
General Counsel – Options Backdating Class Action
Represented the former General Counsel of a major technology company in a class action against the company concerning stock options backdating.
New York Yankees – Online Sweepstakes
Represented the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.
Computer Screen Interface Copyright Litigation
Represented Digital Dispatch Systems, Inc. in defeating the plaintiff’s motion for a preliminary injunction in a copyright action involving a computer screen interface. (Wireless TV Studios, Inc. v. Digital Dispatch Systems, Inc., E.D.N.Y.)
Yankee Stadium Technology Agreement
Represented the New York Yankees on their agreement with a technology developer that developed software to essentially run Yankee Stadium.
Private Equity Fund – Music Industry Deal Restructuring
Represented a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
Internet Company – Website Development and Contracts
Represented a prominent website design/development and interactive marketing company in all of its development and marketing contract work, and related counseling and advice. Our work includes revising the company's standard form development agreements, and assessing their insurance coverages.
Major Comic Book Company – Library Acquisition
Represented purchaser of a significant comic book library from a prominent video game company's Chapter 7 Bankruptcy Trustee.
Top Rank – Miguel Cotto v. Antonio Margarito
Represented Top Rank in the Miguel Cotto v. Antonio Margarito WBA welterweight championship, MGM Grand, Las Vegas, July 26, 2008, distributed by HBO Pay-Per-View Telecast.
Top Rank – Manny Pacquiao v. David Diaz
Represented Top Rank in the Manny Pacquiao v. David Diaz WBC lightweight championship bout, Mandalay Bay Resort & Casino, Las Vegas, June 28, 2008, distributed by HBO Pay-Per-View Telecast.
Top Rank – Kelly Pavlik v. Gary Lockett
Represented Top Rank in the Kelly Pavlik v. Gary Lockett WBC/WBO middleweight championship bout, Boardwalk Hall, Atlantic City, June 7, 2008, distributed by HBO Championship Boxing.
New York City Union – Healthcare Software License
Represented a major New York City union and its benefits fund in negotiating software license and maintenance agreements and an ASP agreement with a large, publicly traded health care technology provider.