NHL – Real Time Scoring and Video Systems
Represented the National Hockey League in negotiating new real time scoring and video delivery systems. Herrick helped craft a series of creative technology deals that enabled the league to pull live video and real-time game video, audio, and statistical data and feed it back to a central hub for distribution in real time to other arenas, broadcasters, websites, cell phones and wherever else the league pushes that content.
Reuters 3 Times Square Development
Represented Reuters in the development, construction and leasing of 3 Times Square, an 855,000 square-foot office tower in Times Square.
Major International Technology Company – Government Procurement Assistance
Assistance to a multi-billion dollar technology company which provides automated time and attendance systems in its dealings with the City of New York's technology officials.
Telecommunications Equipment Company – New York City Comptroller Investigation
Represented a major telecommunications company in a high-profile investigation by the Comptroller of the City of New York into the sale of two-way radio equipment. We obtained full payment of multi-million dollar invoices for the company.
Financial Media Company – Lease Dispute
Represented a multi-billion dollar financial media company in a lease dispute involving approximately 180,000 sq. ft. of office space.
Newspaper Editor – Termination
Represented the former editor of a major New York newspaper in connection with his termination.
Sports TV Network – Formation
Formation and organization of a high profile, 24-hour cable sports television network.
Sports Company – Billion-Dollar Reorganization
Counsel to a premier integrated sports and media company in its billion-dollar ownership reorganization and restructuring.
Investors – Internet-Related Investments
Represented investors in acquiring controlling interests in, restructuring and/or liquidating, internet-related companies.
Horizon Telecom – Securities and Reorganization Issues
Represent Horizon Telecom, a publicly traded facilities-based telecommunications carrier that provides voice and data services to commercial, residential and local market segments, in connection with its securities law issues and the reorganization of its wireless personal communications service provider subsidiary.
Talent Management Services – Former Employee/Shareholder Litigation
Represented a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
New York Yankees – Wireless Lease Agreements
Represented the New York Yankees in their lease agreements with wireless carriers in the new Yankee stadium.
Former CEO – SEC Investigation
The former CEO of a major fiber optic company in an SEC investigation of accounting irregularities. After a grueling deposition and an in-depth Wells Submission, the SEC determined not to pursue any action against our client.
Winstar Communications Trustee – Bankruptcy Appeal
Represented the Trustee for Winstar Communications in an adversarial proceeding asserting claims of insider/voidable preference, equitable subordination and breach of contract, against Lucent Technologies. After winning at the bankruptcy court level following a one month trial and an initial appeal to the US District Court, we successfully argued to the US Third Circuit Court of Appeals in a case then valued at about $340 million. The Third Circuit affirmed the courts below and found that Lucent was an insider of Winstar. In so ruling, the court also upheld the Trustee's arguments regarding earmarking, new value, core versus non-core jurisdiction, right to jury trial and equitable subordination. The American Bankruptcy Institute Journal, in its April 2009 issue, featured the Third Circuit decision and wrote that the case “opens an entirely new and extensive arena in bankruptcy-preference litigation that may cause profound changes in both preference-risk assessments and creditor behavior.”
S. Rothschild & Co., Inc. – Cybersquatter Eviction
Represented S. Rothschild & Co. in its successful UDRP arbitration against a cybersquatter to recover a domain containing our client's registered trademark. S. Rothschild & Co., Inc. v. Bao Shui Chen, NAF Decision (Dec. 29, 2007)
Recording Artist and Music Publisher – Digital Copyright Infringement
Represented a recording artist and an international music publishing company in a federal court action for copyright infringement involving digital sampling of a sound recording.
1960’s Singing Group – Trademark Infringement
Kelly v. Duprees MJA, LLC, 2012 U.S. Dist. LEXIS 40597 (D. N.J. March 23, 2012). Represented the Estate of Michael Arnone, a co-founder of the famous 1960's vocal harmony group The Duprees, and its assignee, Duprees MJA, in obtaining summary judgment dismissing all claims alleging fraud on the USPTO, common law trademark infringement and violation of the New Jersey "Truth in Music" Act. The case was brought by a former singer who had joined the Duprees group in 1964, two years after they already had their first major hits, and left the group in the late 1970s, never to perform again. The dismissal on the merits brings to a close a six-year battle over the rights to the DUPREES name and rejects the notion that early members of a performing group can claim rights in the group's name if they abandon the group without securing a partnership agreement to the contrary or a license.
Hotel des Artistes, Inc. v. Cafe des Artistes, Inc.
Represented the Hotel des Artistes in TTAB cancellation proceedings, which resulted in the Hotel des Artistes recovering the famous Cafe des Artistes trademark registrations. Hotel des Artistes, Inc. v. Cafe des Artistes, Inc. (TTAB 1999)
F.A.O. Schwarz v. Zuccarini, Nat`l Arb. Forum
Successfully represented F.A.O. Schwarz in a domain name arbitration awarding our client ownership of four Internet domain names registered in bad faith by a renowned cybersquatter. F.A.O. Schwarz v. Zuccarini, Nat`l Arb. Forum (Dec. 1, 2000)
Winstar Communications Trustee – Bankruptcy
Represented the Trustee for Winstar Communications in its bankruptcy case against Lucent Technologies. Following a three month bench trial, the Delaware Bankruptcy Court awarded the Trustee judgment on its bankruptcy and breach of contract claims against Lucent, finding Lucent to be an insider of Winstar. The Court also found that a $188 million payment made four months before Winstar's bankruptcy was held to be a voidable preference to be repaid by Lucent to Winstar.
Film Equipment Company – Equity Offering
Represented a leading manufacturer of film and lighting equipment for the motion picture industry, and its selling stockholders, in connection with a $30 million secondary equity offering; a $15 million equity offering; and a $9 million secondary equity offering. (Prior firm experience)
Software Company – Going Private
Represented a publicly traded software company in its transformation into a privately held company. We advised the company and its board of directors of the various securities law, Sarbanes-Oxley Act and corporate/fiduciary implications associated with taking the company private, and helped the company navigate its way through the regulations of the OTC Bulletin Board applicable to withdrawals of shares eligible for quotation.
Horizon Telecom – Going Private Transaction
Represented Horizon Telecom, a U.S. telecommunications company, in structuring a going-private transaction engineered through a series of reverse and forward stock splits. The transaction involved the submission of detailed securities law filings which were reviewed and commented upon by the SEC, and required a fairness opinion from a major investment banking firm.
Sun-Times Media Group – News Communications Investment
Represented Sun-Times Media Group, an alliance between Hollinger International Inc., a NYSE listed company, and James A. Finkelstein, founder of The National Law Journal, in connection with joint equity investment in News Communications, Inc. an OTCBB listed company and publisher of The Hill and Dan’s Papers.
Hollinger International – Investment Monetization
Represented Hollinger International in its efforts to monetize certain of its venture capital and private equity investments.
Reckson Associates Realty Corp. – Telecommunications Agreements
Represented Reckson Associates Realty Corp., a real estate investment trust, in the alliance between Reckson Realty Corp. and OnSite Access, Inc. to provide building centric telecommunications systems to premier properties.
Regional Sports Network – $200 Million Credit Facility
Represented a major regional sports network in a $200 million syndicated term loan facility and related joint venture matters with its two major cable television joint venture partners.
eBrandValue – Licensing
Represented eBrandValue, a company that monitors and catalogs content from social media networks to evaluate and analyze the efficacy of a business' brand marketing strategy, in the licensing of its IP assets and in related employment matters.
Bounce Media Group – Yacht Charter Agreement
Represented Bounce Media Group, an operator of one of the largest private event yachts in the northeast, in securing its charter for the 2015 season, in executing a contract for its first cruise this year – the June 5 birthday party of famous hip hop artist, Jadakiss, and filing for trademark protection for the BOUNCE BOAT name.
New Media Company – Formation & IP Filings
Represented a new media company that provides dynamic digital content and advertising through kiosks in high traffic areas, such as the airports, that can also charge electronics and download digital content. We helped the company with its initial round of financing, its formation strategy and IP filings as well as its strategic alliance agreement with one of the largest airport retailers.
Top Rank – Miguel Cotto v. Sergio Martinez
Represented Top Rank in the Miguel Cotto v. Sergio Martinez sellout world middleweight championship title bout held June 7, 2014 at Madison Square Garden in New York City. The match was telecast throughout the US on HBO pay-per-view and viewed worldwide on numerous networks.
Top Rank – Zou Shiming v. Jose Ortega
Represented Top Rank in the April 5, 2013, promotion of the Zou Shiming v. Jose Ortega bout held at the Venetian Hotel & Casino in Macau, China.
Top Rank – Mikey Garcia v. Juan Manuel Lopez
Represented Top Rank in the Mikey Garcia v. Juan Manuel Lopez featherweight championship title bout held June 15 at the American Airlines Center in Dallas, Texas.
Top Rank – Nonito Donaire v. Guillermo Rigondeaux
Represented Top Rank in the Nonito Donaire v. Guillermo Rigondeaux junior featherweight title bout held April 13, 2013 headlining an HBO Championship Boxing program from the stage of Radio City Music Hall.
Top Rank – Manny Pacquiao vs. Joshua Clottey
Represented Top Rank in producing principal agreements for the WBO World Welterweight Championship boxing match between Manny Pacquiao vs. Joshua Clottey at the new Cowboys Stadium in Arlington, Texas, and distributed by HBO Pay-Per-View. This first boxing event held at the new stadium drew a record crowd. We handled all agreements with the fighters, the site, HBO PPV, TV broadcasters around the world and sponsors.
Top Rank – Manny Pacquiao v. Miguel Cotto
Represented Top Rank in the Manny Pacquiao v. Miguel Cotto Welterweight Championship Bout. The Manny Pacquiao v Miguel Cotto bout, held November 14, 2009 at the MGM Grand in Las Vegas, was the highest grossing pay-per-view event of 2009 and one of the most successful boxing events ever.
Top Rank – Manny Pacquiao v. Ricky Hatton
Represented Top Rank in the Manny Pacquiao v. Ricky Hatton welterweight championship bout, MGM Grand, Las Vegas, May 2, 2009, distributed by HBO Pay-Per-View.
Regional Sports Network – $24 Million Equipment Lease Financing
Represented a leading regional sports network in a $24 million equipment lease financing facility provided by Banc of America Leasing & Capital and in a subsequent amendment to the facility.
Top Rank – Martinez v. Lomachenko and Verdego v. Martinez
Represented Top Rank in the June 11 Rocky Martinez v. Vasyl Lomachenko super featherweight championship bout and the Felix Verdejo v. Juan Martinez lightweight championship bout at Madison Square Garden. Both matches were distributed by HBO.
Top Rank – Terrence Crawford v. Victor Postol
Represented Top Rank in the July 23 HBO pay-per-view world championship bout between Terrence Crawford and Victor Postol at the MGM Grand in Las Vegas.
Regional Sports Network – $250 Million High-Yield Note Offering
Represented a leading regional sports network and franchise in the issuance of $250 million high-yield note offering.
Top Rank – Manny Pacquiao vs. Jessie Vargas
Represented Top Rank in all television license agreements with U.S., Canadian and Puerto Rican pay-per-view and closed-circuit television distributors and exhibitors, as well as all international licensing agreements for the November 5 world welterweight championship between Manny Pacquiao and Jessie Vargas, held at the Thomas & Mack Center in Las Vegas.
Dallas Cowboys Affiliate – New Media Platform
Represented Blue Star Operations Services, an affiliate of the Dallas Cowboys, in building out their new media platform.
Regional Sports Network – Financing Facility Amendment
Represented a regional sports network in amending its $24 million equipment lease financing facility to include an affiliate as a lessee.
Top Rank – Terence Crawford v. Julius Indongo
Represented Top Rank in the production and broadcast of the Terence Crawford v. Julius Indongo bout held at the Pinnacle Bank Arena on August 19, 2017 in Lincoln, Nebraska.
Top Rank – Vasyl Lomachenkov v. Miguel Marriaga
Represented Top Rank in the production and broadcast of the Vasyl Lomachenko v. Miguel Marriaga bout, held on August 5, 2017 at the Microsoft Theater in Los Angeles.
Regional Sports Network – $200 Million Note Refinance
Represented a leading regional sports network in the redemption of senior subordinated notes in the principal amount of $250 million and in the issuance of new senior subordinated notes in the principal amount of $200 million.
Regional Sports Network – Corporate Restructuring
Represented a leading regional sports network in a restructuring of its ownership structure through the formation of a new Delaware limited liability company.
Top Rank – Terence Crawford v. Amir Kahn
Represented our longtime client Top Rank Inc. in connection with domestic and international pay-per-view television distribution agreements for the ESPN produced telecast of the Terence Crawford v Amir Kahn welterweight championship boxing program from Madison Square Garden on April 20, 2019.