internet & technology: matters
Ongoing
Financial Restructuring
Representation of telecom companies, automobile aftermarket companies, an executive office suite company, an investment bank, a debt collection company, an electronics company, a paper mill, several dotcoms, and various investment funds and management companies in their financial restructuring.
2009-2010
Yankee Stadium - In Command on the Field… and Off
There is a lot going on behind the scenes at a stadium during an event, and managing it all is a Herculean task. Unless it's the new Yankee Stadium, in which case you can control it all from a central computer screen. We're working with the Yankees on their agreement with a technology developer that will develop software to essentially run Yankee Stadium. The more information you can move, the more efficient your business, and the Yankees are about to become one of the most efficient businesses in sports.
2008
Industrial Lifting Facilities Firm - Contract Negotiations
Representation of a Quebec-based industrial lifting facilities firm in negotiating a contract with a U.S. affiliate of a famous global automotive company to design and construct a new state of the art automated lifting facility in upstate New York.
2008
Canadian Hydroelectric Utility - Swap Rate Agreements
Representation of 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.
2008
Internet Company - Website Development and Contracts
Representation of 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.
2007
Sports Technologies - Joint Venture with Sports Illustrated
Outside general counsel to a joint venture between Sports Technologies, Sports Illustrated and Time Inc. Interactive. The joint venture was formed in connection with the sale of FanNation.com to Sports Illustrated to develop other related properties and technologies.
2008
Real Estate Technology Company - Employment Issues
Representation of a company specializing in data and analytics in the residential real estate industry in a lawsuit by a former employee claiming wrongful discharge on the basis of gender discrimination and sexual harassment. We also represent the company in all aspects of its employment disputes, including contracts and risk management.
2008
Software Company - Going Private
Representation of 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.
2008
British Artist - Digital Copyright Infringement
Representation of a major British contemporary artist in shutting down websites hosted from within the US, including through issuance of DMCA "take down" notices, that display unauthorized copyrighted images and offer to make unauthorized reproductions of his works
2007
S. Rothschild & Co., Inc. - Cybersquatter Eviction
Representation of 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)
2007
Major League Hockey Enterprise - Real Time Scoring and Video Systems
Representation of a major league hockey enterprise in negotiating new real time scoring and video delivery systems. Herrick helped craft a series of creative technology deals that will enable 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 can capitalize on that content.
2007
M&T Bank - Technology Center Refinancing
Representation of M&T Bank in a multi-million dollar loan to two affiliate tenants in common to refinance a technology center, in Clifton, NJ, and to provide a line of credit for potential construction of tenant improvements.
2005
Major Hedge Fund - Internet Investments
Representation of a billion-dollar hedge fund in its acquisition of controlling interests in, and restructurings and/or liquidations of, more than a dozen internet-related companies around the world in a two-year period.
2004
New York City Union - Healthcare Software License
Representation of 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.
2000
F.A.O. Schwarz v. Zuccarini, Nat`l Arb. Forum
Successful representation of 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)
1999
Hotel des Artistes, Inc. v. Cafe des Artistes, Inc.
Representation of 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)