Investment Adviser Regulatory Analysis
Represented an investment adviser in establishing a presence in California and related tax analysis.
Represented an investment adviser in establishing a presence in California and related tax analysis.
Represented a registered investment advisor in the drafting of its cybersecurity policies and procedures, and the development of a cybersecurity program which included an audit and assessment by an outside consultant. We also advised on the client's Form ADV.
Represented a multi-billion dollar real estate development fund in a range of securities and compliance matters.
Represented the manager of a multi-billion dollar hedge fund in the acquisition of Fairfield Greenwich Funds and in various debt transactions and regulatory matters.
Represented Ubiquity, Inc., a vertically integrated technology-focused media company, in the development of a customized transaction structure that allowed shareholders to uplist the trading of its common stock to NASDAQ. The structure addressed potential adverse selling pressure of Ubiquity’s common stock.
Represented a publically traded computer software company in an SEC investigation into the company’s assets and the funds used to purchase shares in the company’s initial public offering.
Represented a special purpose entity that is an affiliate of the New York Jets and the New York Giants in a complex public financing that involved the New Jersey Economic Development Authority and local governments for the new Meadowlands stadium.
Represented a special purpose entity that is an affiliate of the New York Yankees in the issuance of municipal tax-free and taxable bonds by the New York City Industrial Development Agency in an aggregate amount of approximately $1.5 billion, which financed the lease of the site and construction of a new, state-of-the-art stadium.
Represented Landwin Management, a commercial real estate investment firm, in filing a registration statement in connection with a proposed initial public offering.
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.
Represented Tigrent, Inc., global leader in high-quality and value-based training, conferences, publications, technology-based tools and mentoring to help customers become financially knowledgeable, primarily through its Rich Dad™ Education brand, in a reverse merger into a public shell company that allows Tigrent to be a public company.
Represented New York Racing Association (NYRA), as Integrity Counsel, in assisting NYRA’s Board of Directors and management in ensuring that NYRA, its officers, employees and operations comply with all the applicable laws and regulations of New York Racing, Pari-Mutuel Wagering and Breeding Law §206(5), and AML and Patriot Act concerns. NYRA holds the exclusive right to conduct racing and pari-mutuel wagering at Aqueduct, Belmont Park and Saratoga Race Courses. We are also assisting NYRA on general corporate and tax-related matters.
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.
Represented Silas Capital, a venture capital and private equity firm, in the sale of a portfolio investment, including the negotiation of applicable indemnities, representations and warranties.
Represented Vanessa Blake Cosmetics, a full-service cosmetics company that provides a proprietary and unique bespoke line of skincare and cosmetic products and services, including cosmetic products with customized shades and pigments, in its venture capital round raise and its distribution agreement with Birchbox.
Represented a private equity fund in all aspects of the formation of the initial and successor fund, and in capital raising and operations, including development of tax-advantaged investment structures, financing of general partner commitments, acquisitions of residential mortgage portfolios, and financing of investments and co-investment arrangements.
Formation of a special purpose fund to make bridge and other loans primarily secured by real estate assets.
Represented a New York City area fund with a primary focus on short-term senior real estate mortgage loans in its formation and initial capitalization.
Represented one of the top fixed-income traders in the U.S. in the formation of a broker-dealer that is located in Puerto Rico to take advantage of special tax incentives, and the development of an industry-first corporate bond pricing model and data service. Our client will provide a specified percentage of its profits to charitable causes under the “B” Corporate structure.
Represented a private equity firm in establishing a semi-independent venture capital fund platform, including the negotiation of the terms of the venture capital fund platform documents and related compensation and governance issues.
Represented Doral Bank in the sale of the Doral Property Finance Group, including a portfolio of real estate focused loans, to a multi-billion dollar REIT.
Represented a money center bank in developing a collateralized loan obligation program to recycle national real estate mortgage loans and warehouse loans, including advice on structuring, tax matters and bank regulatory matters.
Represented Cardax Pharma, a development stage life sciences company, in several financing rounds and its reverse merger with a public company. Cardax trades on the OTCBB under the symbol "CDXI".
Herrick negotiated a favorable settlement on behalf of three directors of a failed New York City community bank, resolving claims by the FDIC that the directors had failed to exercise due care in their oversight of the bank's loan portfolio.
Represented a Brooklyn-based multifamily property owner and developer in the establishment of several multi-million dollar joint venture syndications.
Represented a private collateralized lender in the development of documentation for secured loans where the collateral includes stock of public companies traded on non-US markets.
Represented a venture financing fund in its investment in an early stage fruit juice company.
Herrick represented a prominent real estate private equity firm in a precedent-setting and favorable settlement with the Securities and Exchange Commission related to the use of a finder in raising capital and the application of broker-dealer registration requirements.
Representation of a public company and its chief executive officer in a U.S. Securities and Exchange Commission investigation regarding the company's private offerings of its stock and its disclosures. The work entailed producing documents in response to SEC subpoenas and representing executives required to give testimony before the SEC.
Sale of privately held company to private investors, for cash and additional consideration based on achieving specified earn-out targets in a transaction where the executive team will remain and manage the acquiring company.
Represented start up company with innovative technology in the food safety industry in all aspects of its organization, development, acquisition and protection intellectual property and initial venture funding.
Represent a bank holding company of a OCC regulated community bank in all aspects of its regulatory compliance and periodic reporting obligations.
Represented a non-U.S. bank, subject to New York State bank regulatory authority, in the development of its real estate lending policies and procedures.
Representation of the New York bank subsidiary of an international bank group in the analysis of certain OCC bank regulations including loan limits and the attribution of extensions of credit.
Representation of a Non U.S. bank subject to New York State bank regulatory authority in the expansion of its U.S. business activities.
Represented a global hedge fund in the exchange of certain of its private equity holdings to a Greek public company.
Represented an international construction materials manufacturer in various franchise law issues including the compliance of its distribution system with franchise law.
Represented the New York City Office of the Comptroller in a multi-million dollar investment in a real estate-focused private equity fund.
Represented an investment advisor with regulatory assets under management of approximately $1 billion in Investment Advisor Act matters including filing of an amendment to its Form ADV.
Represented private equity opportunity fund in all aspects of the formation of the initial fund and successor fund, capital raising, and operations, including development of tax advantaged investment structures, financing of GP commitments, acquisitions of residential mortgage portfolios, financing of investments, and co-investment arrangements.
Represented a non-US developer of New York City residential apartments in development of an innovative financing structure using a Series Limited Liability Company.
Represented a New York commercial bank in the financing of investments in mortgage loans and REOs by a private equity fund through a repurchase and reverse-repurchase facility.
Represent a regional certified public accounting firm in an investigation by the PCAOB.
Represented an international manufacturer with office and plant facilities in New Jersey in the construction of a solar energy facility, including the negotiation of lease terms and the power purchase agreement.
Represented private equity fund in all aspects of the formation and operations of a $500mm pledge fund for the development of several real estate related platforms.