government & law: matters
Real Estate Developer - Large Retail Shopping Center
Representing a real estate developer in connection with the development of a large shopping center complex in New York City. Our work includes a significant Uniform Land Use Review Process application involving zoning changes, 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.
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.
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.
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.
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.
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.
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.
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.
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.