government relations: matters
The Turkish Republic of Northern Cyprus - Government Relations and Lobbying
Providing government relations and lobbying services in Washington, D.C. and New York City to the Turkish Republic of Northern Cyprus (T.R.N.C.). Working in concert with T.R.N.C.'s Representative in Washington and its permanent Representative to the United Nations, we provide strategic advice to the Republic on resolving the sovereignty dispute over the island of Cyprus.
CARCO Group - Government Relations and Lobbying
Providing government relations and lobbying services in Washington, D.C. to a leading global provider of investigative, security and background screening services. Our representation includes engagement with members of Congress to advocate for improved and standardized procedures for the handling of sensitive information related to background checks and credit reporting.
Nissan North America - Taxi of Tomorrow
Representing Nissan North America which recently won the City's competition to create the "Taxi of Tomorrow" in government relations matters. We are providing strategic and policy guidance to help Nissan finalize the process with The Taxi and Limousine Commission and the City to bring the new Nissan taxi on the road.
New York Racing Association - Integrity Counsel
Representation of New York Racing Association (NYRA), as Integrity Counsel, in connection with 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). 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.
Rent Stabilization Association of NYC - Litigation in New York State Supreme Court
Representation of the Rent Stabilization Association of NYC, the largest trade association in New York City dedicated to protecting and serving the interests of the residential housing industry, in litigation filed in New York state Supreme Court challenging the legitimacy of the state's Tenant Protection Unit and a set of new rent regulations that violate rent regulated owners' rights.
Trade Group - City of New York Legislation
Advising a trade group that represents companies that do significant construction work in New York City, in government relations matters. The City of New York recently introduced new legislation aimed at improving safety by promoting rule changes regarding licensing of trade members. Herrick is working with the industry to promulgate legislation that is reasonable and insure the public's safety.
Challenge to New York State's Charter School Funding Law
Representing the plaintiffs in Brown v. New York, a lawsuit challenging New York State's method of funding public charter schools. Our clients, five families whose children attend charter schools in the state and a Charter School advocacy organization for its member New York charter schools , argue that New York's practice of providing charter students with as little as three-fifths of what district students receive in the same community, violates the state Constitution and disproportionately affects children of color and lower incomes.
Private Club - Negotiations with the MTA over East Side Access Project Construction Issues
Representing a private club in its negotiations with the Metropolitan Transportation Authority on a mitigation plan to address the myriad of concerns related to impacts to the organization and its landmark designated clubhouse on the East Side of Manhattan from ongoing construction to complete the MTA's $10.2 billion East Side Access project, the first LIRR expansion in more a century and the largest transit project in the country.
Developer - Dispute with the City of Long Beach, New York
Representing a real estate owner/developer in a high-profile dispute with the City of Long Beach, New York over zoning ordinances relating to a planned four tower condominium project. Herrick helped secure an appellate win permitting our client to seek monetary damages against the city in this litigation which also seeks a judgment declaring that our client is entitled to a building permit that would allow completion of the ocean front development as originally approved.
Real Estate Developer - Large Retail Shopping Center
Representing the Alpert family in connection with the development of a large shopping center complex in Staten Island. Our work includes a significant Uniform Land Use Review Process application involving street mappings, special permits, government relations activities and an environmental impact statement.
Bio-Reference Labs - Gene Patenting Legislation
Representation of Bio-Reference Laboratories, Inc. in providing legislative advice and governmental solutions to help enable it to conduct diagnostic tests currently prevented by laws allowing owners of gene patents to grant exclusive licenses for those tests.
Real Estate Company - Restaurant and Night Club
Representation of a real estate company seeking to open a restaurant and night club in Manhattan in its dealings with the New York City Department of Buildings, New York City Department of Housing Preservation and Development, and the Office of the Mayor.
Consumer Products Manufacturer - Paraguayan Litigation
Representation of an international consumer products manufacturer in a legal action brought against it in Paraguay. We are working with the U.S. State Department to deal with the unusual legal rulings involved.
Library for the Blind - Government Appropriations
Representation of an international library for the blind in soliciting government appropriations for charitable use. The library provides the visually impaired, blind, physically handicapped and reading disabled with books, magazines and cultural programs in audio, in large print and in Braille.
Commission for Art Recovery - Baron Herzog Collection
Representation of the Commission for Art Recovery in recovering 10 paintings from the Hungarian government that were stolen from the heirs of Baron Herzog, a Hungarian aristocrat, during the Nazi regime. At Herrick's request, Senator Hillary Clinton wrote to the Hungarian Foreign Minister in support of our efforts. Senator Clinton issued a press release regarding her letter and also posted it on her website. To date, Herrick has also garnered support from Senator Lautenberg, Senator Kennedy and Congresswoman Nita Lowey.
Clear Channel Outdoor - Victory in MTA Signage Zoning Dispute
Herrick won an important decision for client Clear Channel Outdoor in litigation challenging New York City's attempt to enforce local zoning laws and regulate signage on MTA property. In a ruling covering three separate cases, a New York state court judge found that certain MTA facilities are not subject to the jurisdiction of the City of New York, and the city may not enforce its zoning resolution as to certain outdoor signs located on MTA property.
New York State Association for Affordable Housing - Challenge to Local Law 44
Representing the New York State Association for Affordable Housing and individual developers in litigation seeking to invalidate Local Law 44 - which requires any developer receiving city funding to submit quarterly wage reports - as unconstitutional, pre-empted by New York state law, and imposing an unreasonable economic burden on small businesses competing for affordable housing work.
Madoff Litigation - Filings Against the SEC
We represent a number of victims of Bernard Madoff's Ponzi scheme. In January of 2009, we filed notices of claim with the Securities & Exchange Commission alleging negligence under the Federal Tort Claims Act. The SEC rejected our claims six months later, and on Wednesday, October 14, 2009, we filed the historic and first known lawsuit against the SEC seeking monetary damages under the FTCA, Molchatsky and Schneider v. United States. We were lead counsel on the Molchatsky case and filed two additional cases against the United States on behalf of other Madoff victims. While the Second Circuit ultimately dismissed the action, essentially saying that the SEC had absolute immunity, the case sent a message that Herrick will leave no stone unturned on behalf of its clients. The firm continues to defend Madoff victims in clawback actions initiated against them by the Madoff bankruptcy trustee.
CPCR - Domino Sugar Redevelopment - Zoning and Land Use
Representation of CPCR, an affiliate of the Community Preservation Corporation, in the development of the sprawling 11.5-acre waterfront complex in Williamsburg, Brooklyn, that was formerly home to Domino Sugar. We advised CPCR on the site's rezoning, which will result in one of the largest residential redevelopment projects in the city.
Wells Fargo N.A. - Landmarks Advice
Represented Wells Fargo, N.A. in obtaining approval from the City's Landmarks Preservation Commission for signage at its new consolidated headquarters on 42nd Street.
New York Developer - Brownfield Redevelopment
Representation of a New York developer in redeveloping a large Brownfield site in the Bronx and negotiating the relevant transactions documents, including financing, joint venture and purchase option documents. Complex redevelopment issues made use of our government relations, land use and environmental departments.
Private Company - Political Misuse Investigation
Representation of a private company in connection with a state Attorney General's investigation into whether a former governor improperly used the company to engage in "dirty tricks" against a political rival.
Small Hotel Owners Association - Regulatory and Legislative Advice
Representation of the Small Hotel Owners Association in its dealing with the New York City government. We counsel the association and its members on how to respond to the city's efforts to regulate the industry. We negotiate legislation and zoning changes and advance the industry's interests before the relevant city agencies and elected officials.
342 East 72nd Street Corporation - Second Avenue Subway Entrance Relocation
Representation of 342 East 72nd Street Corporation in fighting the relocation of a new subway entrance. The original plans called for the entrance to be embedded in the basement of a building at the corner of 72nd Street and Second Avenue, but the MTA announced a new plan to move the entrance to the middle of the block on 72nd Street between First and Second Avenues—directly in front of residential buildings. Herrick is helping the local building owners fight this plan.
New York Fire Alarm Association - Opposition to New Fee Rules
Representation of the New York Fire Alarm Association, a trade organization comprised of companies who monitor fire alarm systems in New York City, in government relations matters. The New York City Fire Department recently published its intent to adopt new rules—which are unduly onerous and would be a major headache for the industry—regulating the fees that these companies would have to pay the city. Thanks to Herrick’s efforts, the FDNY agreed to postpone adoption of the new fee rules for a year. It also agreed to work with the industry over the next year to promulgate rules that are reasonable.
New York State Judiciary - Budget Litigation
Trial counsel for the New York State Judiciary in its litigation against the Executive and Legislative branches for violation of the separation of powers doctrine in the under-funding of the judicial budget.
Clean Harbors Environmental Services, Inc. - Eminent Domain Dispute
Representation of Clean Harbors Environmental Services, Inc. in the Township of Logan, NJ, in its effort to remove an extensive area of its waterfront property from the township's redevelopment plan. The plan posed a threat of eminent domain proceedings by a third party. The owner is no longer burdened by that threat and can now sell or develop this property.
Bio-Reference Labs - Congressional Hearings
We helped Bio-Reference Laboratories, a genetic testing company, convince the House Judiciary Subcommittee on Intellectual Property to hold hearings on October 30, 2007 on the adverse impact of gene patenting on genetic testing by laboratories and on clinical research. Bio-Reference Laboratories' CEO was a key witness. We are working closely with Representative Xavier Becerra of California, a member of the House leadership, as well as with the chair of the Judiciary Committee and Subcommittee for a positive outcome for Bio-Reference.
Assisted Living Facility - State Approval for Expansion
Representation of an assisted living facility in Far Rockaway, New York, in obtaining Congressional and local elected official support for its application for state approval for the expansion and beautification of its facility.
East Asian Government - Acquisition
Representation of the government of an East Asian nation in the acquisition of its main headquarters in New York, including a cultural center.
1998 - 2005
Community Preservation Corporation - Parkchester Condominium
Representation of a joint venture between affiliates of The Community Preservation Corporation, Morton Olshan of Mall Properties Inc., and Jeremiah O'Connor of The O'Connor Group, in the complete renovation and rehabilitation of the 12,271 unit/171 building Parkchester condominium in the Bronx, New York, including the acquisition and financing of 6,361 unsold residential condominium units, 500,000 square feet of retail and commercial space, and five parking garages. Our work included government relations, land use, real estate and tax advice. The project required the cooperation of our clients, utility companies, state and city politicians, religious leaders and local residents, and included the passage of special legislation.
Severodonetsk Azot - Stopping Improper Government Seizure of Privatized Plant in Ukraine
Representation of a U.S.-based chemical company in a hard-fought dispute over the massive chemical plant, Severodonetsk Azot, in Eastern Ukraine. Corrupt political forces in Ukraine took control of our client’s plant through the commencement of a bogus lawsuit in Kiev and the outright seizure of the plant by a private militia. Herrick argued an appeal in Kiev’s court of appeals and also met, in Kiev, with Ukrainian ministries and the U.S. Embassy as part of a concerted effort to exert political pressure on the Ukrainian government to end the illegal actions.
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.
Asphalt Contractor - Post 9/11 Reconstruction Bidding Dispute
Representation of an asphalt contractor in challenging the bidding procedure used by New York City and utility companies to award significant street reconstruction work near the World Trade Center site after the September 11th terrorist attacks. We obtained several temporary stays on the grounds that the bidding procedure violated public procurement laws. The city cancelled its invitation to bid and used a different procurement procedure.
Rep. Carolyn Maloney - Sexual Assault Investigation Legislation
Assistance to Rep. Carolyn Maloney in drafting H.R. 2874 (107th Congress) to assess the extent of the backlog in DNA analysis of rape kit samples and to improve the investigation and prosecution of sexual assault cases with DNA evidence. This legislation became known as the Debbie Smith Act.
Egyptian Government - U.S. v. Schultz
Counseled the Egyptian government in connection with the successful U.S. prosecution of a defendant accused of conspiring to smuggle Egyptian antiquities.
Rep. Carolyn Maloney - Declassification of Nazi War Crimes Files
Assistance to Rep. Carolyn Maloney on the strategy and drafting of H.R. 4007 (105th Congress) for the declassification of the U.S. government's secret Nazi war crimes files. The legislation was passed in 1998 as Senate Bill 1379, and signed by President Clinton that year.