IP, Sponsorship and Capital Raise for Sports Apparel Startup
Representing Q4 America, a start-up performance basketball brand based in Los Angeles that sells sports footwear, apparel and equipment, in intellectual property matters related to the development of a new brand of sneaker, sponsorship matters, athlete endorsements and capital raises.
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)
Apparel Companies – Licensing
Represented apparel companies in negotiating licensing rights with major fashion brands, such as Kenneth Cole, Tahari, Ralph Lauren and others.
Fashion Industry Software Litigation
Represented Fashionware Solutions Inc., in defeating the plaintiff-developer’s motion for a preliminary injunction to enjoin our client’s use and exploitation of its own custom developed fashion industry software under South African copyright law. (S.D.N.Y.)
LVMH Moët Hennessy Louis Vuitton – New York Counsel
Counsel to LVMH Moët Hennessy Louis Vuitton and the company's various luxury brands in connection with their New York real estate transactions.
Costume Jewelry Manufacturer – Copyright Infringement
Represented a major costume jewelry manufacturer in defending claims for copyright infringement and misappropriation of trade secrets (SDNY).
Garment Manufacturer – Employment Litigation
Represented a prominent garment manufacturer in all aspects of employment law, including action by former employees claiming discrimination based on perceived sexual orientation and a hostile work environment.
Luxury Candy Retailer – Co-Branding and Supply Agreement
Represented a well-known New York City candy retailer in negotiating an exclusive co-branding and supply agreement with a famous contemporary clothing company.
Plainfield Asset Management – Asprey
Represented Plainfield Asset Management LLC in a joint venture that acquired the luxury retailer Asprey through an equity investment and concurrent senior and senior subordinated debt facilities.
Doyle New York – Asset Acquisition
Represented Doyle New York in its acquisition of selected assets of Summerfield's of Beverly Hills. We continue to advise Doyle in connection with local licensing and regulatory requirements.
Under Armour – NBA Marketing Partnership
Represented Under Armour, Inc., in a multiyear global sponsorship and apparel transaction with the National Basketball Association.
Turkish Clothing Manufacturer – Corporate Advice
Represented a clothing manufacturing company headquartered in Istanbul, Turkey with significant business operations in the U.S., regarding general corporate issues and real estate matters in the U.S.
Menswear Designer and Manufacturer – Licensing Agreement Dispute
Represented a formal menswear designer and manufacturer as defendant and third-party plaintiff in a dispute over alleged material omissions made during negotiations to renew a licensing agreement for several well-known clothing brands.
Fashion House Formation
Represented client in the formation and organization of a new fashion company.
Lelands – NFL Championship Ring
Represented Lelands in litigation filed in New York federal court by former NFL player Jim Brown regarding the recovery of a 1964 NFL championship ring alleged to have been stolen.
Ultra Stores – Successful Chapter 11 Plan
Represented Ultra Stores—a 200-store jewelry chain—in its recapitalization through an expedited Chapter 11 plan, guiding the company from filing to confirmation in less than four months. We negotiated first lien emergence financing with an institutional lender and a debt-for-equity swap with the second lien lender and the trade creditors. At the same time, management was able to retain 26% ownership in the company.
Fred Leighton – Jeweler to the Stars
Debtors' counsel for Fred Leighton LLC, famous “Jeweler to the Stars,” and related companies in their Chapter 11 bankruptcy cases. Fred Leighton’s collection is widely recognized as the world's most prestigious collection of rare and historic jewels.
RXR – Office and Retail Leasing
Represented RXR Realty, one of the largest real estate operating and investment companies in the New York tri-state area, in a wide range of office and retail leasing matters.
Shoe Retailer U.S. Expansion
Represented a major U.S. men’s shoe company in its expansion into high-end shopping centers throughout the country.
Counsel on Landmarks Preservation Commission Guidelines
Represented the owners of a former bank branch in their attempts to lease the interior landmark space to a major national drugstore chain. We worked with the chain and its architects in adjusting its national store design guidelines to meet with standards set by the New York City Landmarks Preservation Commission.
Multinational Cosmetics Company – Favorable Resolution to Breach of Contract Action
Represented a multinational cosmetics company in litigation filed in New York federal court by a Washington, DC area retailer asserting breach of contract, detrimental reliance, and tortuous interference claims, which sought monetary damages and a preliminary injunction preventing our client from violating a retailer agreement that allegedly required it to supply cosmetic products to the plaintiff. After obtaining an order denying the plaintiff’s motion for a preliminary injunction, Herrick negotiated a settlement on favorable terms that resolved the litigation.
Soho Retail Condominium Formation and Sale
Represented 115 Spring Street Company in formation and sale of a Soho retail condominium to SL Green.
Fashion Designer – Flagship Manhattan Store Leasing Dispute
Working with co-counsel, Herrick obtained a number of favorable rulings involving millions of dollars on behalf of a leading fashion designer as plaintiff in litigation with the landlord of its flagship Manhattan retail location. Prior to reaching a settlement, victories on behalf of the client included a ruling enjoining the landlord from terminating our client’s lease, an order that our client continue paying the current rent under the lease rather than the much higher amount requested by the landlord, and a decision rejecting the landlord's motion for our client to post an $83 million bond “for lost opportunity damages” related to plans to demolish and redevelop the site, and instead requiring a bond of only $750,000. The dispute was resolved in a settlement, pursuant to which the client obtained a new, long-term lease.
Apparel Manufacturer – Successful Defense in Breach of Contract and Unpaid Compensation Action – Successful Prosecution of Breach of Contract Claims
Successful defense of a leading manufacturer of coats and outerwear in a dispute related to the acquisition of the assets of a business, and an employment agreement between our client and the business's former owner. The court dismissed plaintiffs' complaint, which asserted claims for breach of the asset purchase agreement and employment agreement, and granted our client's counterclaims for breach of those same agreements. Following the trial court's determination of liability in our client's favor, we reached a favorable settlement regarding damages to our client.
Fashionware – Intellectual Property Matters
Represented Fashionware Technologies Corp., a boutique technology solutions developer specializing in the fashion industry, in connection with intellectual property, marketing and corporate matters related to its proprietary Fashionware PLM software suite designed to manage the life cycle of products for apparel, footwear and soft goods companies.
Luxury Apparel & Home Furnishing Company – Preferred Stock
Represented a start-up limited edition luxury apparel and home furnishing collections company in a seed capital preferred stock offering and corporate structuring matters, including the formation of an advisory board and the adoption of an equity incentive plan.
Gulaylar Group – Acquisition of Three-Story Retail Condo at Extell’s International Gem Tower
Represented Gulaylar Group, in connection with its purchase of a jewelry exchange in the heart of New York City's Diamond District. Istanbul-based Gulaylar Group, is one of Turkey's leading jewelry companies with headquarters located in Turkey's commercial gold center. The Gulaylar Group plans to leverage its retail development expertise to create a world-class jewelry exchange in New York City.
Distribution and Trademark License Agreement – JACHS NY, LLC
Represented JACHS NY, LLC (formerly, Shirt by Shirt USA LLC) in negotiating an exclusive distribution and trademark license agreement, covering mainland China and Chinese retail website markets, with Zhejiang Bestall E-commerce Co. Ltd., a major Chinese distributor and licensee.
Retail Property Owner – Asbestos Remediation Litigation
Represented the owner of a Massachusetts retail property in a declaratory judgment action filed by the property's former owner following our client's demand that that the former owner pay the cost of remediating asbestos at the property. As an alternative to lengthy litigation, Herrick was able to engage the plaintiff in mediation which resulted in a very favorable settlement for our client.
National Department Store Chain – Breach of Contract Dispute with Real Estate Brokerage Company
Defense of a national retail chain in litigation filed by a real estate brokerage company seeking damages related to an alleged breach of contract and other claims.
S. Rothschild & Co. – Counterfeit Apparel
Herrick represented long-time client S. Rothschild & Co., a leading brand manufacturer of women's outerwear, in shutting down sales of counterfeit apparel being sold at various supermarkets under its LARRY LEVINE registered trademark.
International Businesses – U.S. IP Rights
Represented various non-U.S. businesses in protecting their IP rights in the U.S., including a well-known UK apparel designer, a famous British artist, French technology companies, a Scandinavian media company, a French filmmaker, and a public Canadian technology company.
Silas Capital – Investment in Boll & Branch
Represented Silas Capital in its investment in Boll & Branch (B&B), a luxury bedding and linens brand that ethically sources its products. Silas Capital will play an active role in solidifying the company’s position in the emerging direct-to-consumer luxury home textiles category.