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Real Estate Technology Company - General Outside Counsel
Representation and general counseling of a growing real estate technology company in acquisitions, licensing agreements and employment issues.
Sports Representation Group - General Outside Counsel
General and strategic counseling to a sports representation group specializing in hockey.
Ongoing
Former President of Guatemala - DOJ Criminal Action
Representation of former Guatemalan President Alfonso Portillo, who has been extradited to the U.S., in defense of a federal money laundering conspiracy charge.
Bridgestone Firestone - National Counsel
For over  thirty years, Herrick has served as regional counsel in New York and New Jersey for Bridgestone Americas Tire Operations LLC and its predecessors in connection with claims involving tires, rims, roofing materials, children's car seats, retail stores and employment matters.
Ongoing
Private Equity Fund - Life Sciences
Representation of fundless sponsor in raising $100 million second strategic life sciences fund. The fund will invest in biotech, biologic and medical instruments industry segments worldwide, with investors primarily based in Asia.
International Food Company - Vendor Disputes
Represent New Jersey-headquartered subsidiary of Fortune 100 international food company in connection with contractual disputes with vendors and suppliers who have failed to provide services required under contracts.
Ongoing
Madoff Case - Hedge Fund Representation
Representation of several hedge funds that invested tens of millions of dollars with Bernard Madoff, in derivative and class action lawsuits.
Mercedes Benz USA and Mercedes Benz Manhattan - Various
Representation of Mercedes Benz USA and Mercedes Benz Manhattan in cases involving products manufactured and sold by the companies, as well as in commercial matters, including lemon law claims, construction contract disputes, antitrust matters and employment claims.
2011
Commercial Bank - Workout and Forbearance
Representation of a major U.S. commercial bank in a workout of a multi-million dollar loan facility to a group of companies involved in direct sales fashion for women. This involves the preparation of a forbearance agreement among the borrowers and other lenders that have bilateral lines of credit and an amendment to the existing intercreditor agreement.
Worldwide Insurance Company - Counsel on Employment Matters
Representation of a worldwide insurance company in all aspects of employment matters including the analysis of restrictive covenants, contracts, executive compensation and exit incentive plans.
Full-Service National Real Estate Development and Investment Firm - Counsel on Employment Matters
Representation of a private owner, developer and operator of residential and commercial properties in all aspects of employment issues.
Carpet and Rug Manufacturer - Counsel on Employment Matters
Representation of a carpet and rug manufacturer in employment disputes, restrictive covenant analysis and contract disputes.  Recent representations have included a contract dispute and wrongful termination claim by a former employee claiming entitlement to a bonus.
National Cheese Importer - Counsel on Employment Matters  
Representation of a major national cheese importer, processor and distributor in all aspects of its employment disputes, including contracts and risk management.
Real Estate Investment Company - Counsel on Employment Matters
Representation of a real estate investment firm in all aspects of its employment disputes, including contracts and risk management.
Small Bone Innovations - Counsel on Employment Matters
Representation of Small Bone Innovations in all aspects of its employment disputes, risk management, restrictive covenant analysis, and the drafting and negotiation of executive contracts and severance agreements.
Ongoing
Restructuring Advisor - Fraud Claims Related to Sale of Debtor's Assets
Representing the former restructuring advisor appointed in Winstar Communication's long-since completed Delaware chapter 11 case in a lawsuit filed by plaintiffs who had purchased the debtor's business in a court approved section 363 sale.  The plaintiffs asserted various claims against the advisor and other defendants related to losses sustained following the sale.  Herrick was able to obtain dismissal of the lawsuit once it was removed to Delaware bankruptcy court, and won affirmation of the dismissal in the Delaware District Court. The matter is currently on appeal with the Third Circuit. 
Ongoing
Global Advertising Company - $10 Million Avoidance Action
Representing a global advertising and marketing communications services company in an over $10 million avoidance action against one of the company's non-operating  advertising agencies involved in the advertising and branding campaign for the failed Fontainebleau hotel and casino in Las Vegas.
Ongoing
Burton Snowboards - Executive Employment
Representation of Burton Snowboards, the leading designer and manufacturer of snowboarding equipment and apparel, in executive employment matters in Japan.
Ongoing
Seegene - International Counsel
Designated outside counsel to Seegene, Inc., a Seoul-based molecular diagnostics company, in its international product distribution and technology licensing, M&A, corporate and capital markets matters. Seegene has developed innovative technologies for the detection of multiple pathogens (ACP (Annealing Control Primer)TM and DPO (Dual Specific Oligonucleotide)TM).
Ongoing
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.
Ongoing
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.  
Ongoing
Intelsat - Tribune Company
Representation of Intelsat Corporation in Chapter 11 proceedings of a diversified media company. (D. Del.)
Ongoing
Intelsat - Equity Media Holdings Corp.
Representation of Intelsat Corporation in connection with Chapter 11 proceedings of a television station operator. (E.D. Ark.)
Ongoing
Secured Lenders - Real Estate Bankruptcies
Representation of mortgagees in several real estate bankruptcy cases.
Ongoing
Real Estate Developer - Fraud Litigation
Representation of developer in defending fraud claims by investor in New York State Supreme Court.  All claims dismissed on pre-answer motion.
Ongoing
Major Real Estate Family - Business Divorce
Representation of a 50% owner in a mediation/arbitration leading to the division of a $200 million plus portfolio of New York City real estate.
Ongoing
Bridgestone Tire - General Motors Corporation
Representation of Bridgestone Tire in the Chapter 11 proceedings of General Motors Corporation. (S.D.N.Y.)
Ongoing
Business Dispute - International Financial Institution
Represent major, international, financial institution in litigation in state court in New York against claims for “success fee” arising out of transaction between financial institution and Swiss National Bank related to financial crisis of 2008.
Ongoing
Recognition of Arbitration Award
Representation of a professional sports team in obtaining judgment in state court in New Jersey confirming significant arbitration award that team obtained against individual who breached various contracts.  We continue to represent the client as a creditor in the defendant's bankruptcy.
Ongoing
Trademark Infringement/Unfair Competition
Representation of an international diamond grading network in a hotly contested dispute against a New York diamond grading laboratory including claims for breach of contract and counterclaims for trademark infringement and dilution under the Lanham Act.   The matter, which includes novel legal issues including questions regarding extraterritorial application of the Lanham Act to overseas conduct, was tried in the United States District Court for the Southern District of New York and is awaiting decision.
Ongoing
Trade Secrets
Represent international food company in contract and trade secrets dispute pending in federal court in New Jersey.
Ongoing
Consumer Products Manufacturer - Class Action Defense
Representation of a major consumer products manufacturer in consumer fraud class actions involving the marketing of food and cosmetic products.
Ongoing
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.
Ongoing
Telecommunications Company - NYC Fiber Optic Franchise
Representing major new telecommunications company in negotiating and obtaining approval for New York City franchise to install fiber optic cable throughout the City of New York. 
Ongoing
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.
Ongoing
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.
Ongoing
Clear Channel Outdoor - Department of Buildings
Advise Clear Channel Outdoor in several matters including oversight by the NYC Department of Buildings regarding the outdoor billboard industry and litigation related to the NYC Board of Standards and Appeals and the use of billboards on MTA property.
Ongoing
Plainfield Specialty Holdings - Loan Enforcement
Representation of Plainfield Specialty Holdings in obtaining a broad-reaching preliminary injunction against Children’s Legal Services for defaulting on a $16 million loan.
Ongoing
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.
Ongoing
Financial Service Firm - Insider Trading Investigation
Representation of a financial service firm and key executives in an SEC insider trading investigation.
Ongoing
Regional Securities Firm - FINRA Investigation
Representation of a regional securities firm in a FINRA investigation in connection with the firm’s hiring of a statutorily disqualified person.
Ongoing
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.
Ongoing
Brand Name Turkish Clothing Manufacturer - Corporate Advice
Representation of 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.
Ongoing
Cross-Border - Partnership Dispute
Representation of  a leading US company in relation to a commercial dispute between members of a global clothing wholesaler involving cross-border allegations of breach of contract, fraud, breach of fiduciary duty and trademark infringement.
Ongoing
Corporate Advice - Doing Business in Turkey
Representation of a financial services company establishing operations in Istanbul, Turkey.
Ongoing
Financial Institution - Estate Litigation
Representation of a major financial institution acting as executor of $400 million estate in judicial accounting litigation.
Ongoing
Residential Healthcare Facility - Wage/Hour Class Action
Representation of a nursing and residential health care facility in a wage and hour collective and class action lawsuit alleging violations of federal and state labor laws.
Ongoing
Vivaro - Chapter 11
Debtors’ counsel to one of the largest international pre-paid calling card producers, marketers and sellers in their Chapter 11 bankruptcy cases. Our client recently completed the successful sale of its businesses to a joint venture comprised of three established international telecommunications companies.
Ongoing
Brokerage Firm - Former Employee Claims
Defend an FCM in federal court against a broker's claims to recover commissions and compensation allegedly resulting from breaches of an employment contract.
Ongoing
Investment Firm - Coverage Claim
Representation of an investment firm with respect to its coverage's claim on a "key man" disability policy.
Ongoing
Developer - Construction Dispute
Representation of a property owner/developer.
Ongoing
The Goodyear Tire & Rubber Company - Product Liability Litigation
Representation of Goodyear in product liability matters involving tires, rims, hoses, inflation tools, roofing products, retail stores and related real estate issues.
Ongoing
Real Estate Developer - Business Divorce
Representation of a real estate developer/entrepreneur in a difficult business divorce from a longtime partner, involving numerous properties. We achieved a favorable settlement with minimal litigation expense.
Ongoing
Asset Management Company - Employment Issues
Representation of one of leading independent asset management companies in its defense of a wrongful termination action claiming religious discrimination, and in a separate action claiming discrimination based on disability. We continue to represent the company in all aspects of its employment disputes, and in risk management issues.
Ongoing
Inter-Dealer Brokerage Firm - $500 Million Raiding Case
Representation of an affiliate of a billion-dollar inter-dealer brokerage firm in a large "key employee raiding case" brought by a competitor whose stock market valuation declined 24% (approximately $450 million) in one day after our client hired approximately 20 of its credit derivatives brokers and employees. After an intense oral argument by our firm and other firms aligned with our client in the spring of 2008, the New York Supreme Court denied a temporary restraining order. A few months later, the court denied a preliminary injunction.  Thus, the subject employees were permitted to work for our client.  The matter is now in arbitration where we are defending hundreds of millions of dollars in claims.
Ongoing
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.
Ongoing
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.
Firearms Component Manufacturer - Counsel on Employment Issues
Representation of a firearms component manufacturer in employment disputes, employment contracts and risk management.
Ongoing
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.
Ongoing
Brazilian Investment Firm - Construction Dispute
Representing the US-based subsidiary of a Brazilian investment firm in binding arbitration before the American Arbitration Association relating to a construction dispute with the architect and design firm hired to oversee renovations at a 12-story midtown Manhattan office building owned by our client. 
Ongoing
Lenders/Title Insurance - Litigation to Protect $15 Million in First Priority Mortgages
Representation of lenders in a case in which the plaintiffs, including a prominent New Jersey real estate developer, are seeking to divest the owner of twenty-two investment properties located in Jersey City and North Bergen, New Jersey of title and, in so doing, avoid our clients' $15 million in first priority mortgages secured by those properties.  The case involves complex legal and factual issues dating back to the mid-1990's, when the plaintiff developer filed a voluntary bankruptcy petition.  To avoid losing substantial real estate holdings to foreclosure, the plaintiffs transferred ownership of the mortgaged properties in question to a firm originally hired to assist them in restructuring their debt through an arrangement that plaintiffs now claim gave them the right to reacquire the properties purportedly because the firm was acting as their "nominee."  The firm and its principal later filed for bankruptcy and, in the process, sold the properties free and clear of all liens, claims and encumbrances under the Bankruptcy Code.  Approximately two months later, our clients provided a purchase money mortgage loan in the principal amount of $15 million to fund the acquisition of the properties.  Thereafter, the plaintiffs re-emerged to claim that the mortgages given to our clients were void.  Herrick is working to help our clients protect and preserve their mortgages and other legal rights. 
Ongoing
International Arbitration - Business Dispute
Representing an individual in arbitration before the International Centre for Dispute Resolution (the international arm of the American Arbitration Association) in a dispute over the ownership and control of several companies whose operations span three continents.
Ongoing
Real Estate Litigation - Breach of Debt Obligations and Fraudulent Conveyance
Representing real estate developers in a lawsuit filed in New York state court against a former investor alleged to have induced our clients into arranging and guaranteeing a loan based on false financial statements. After defaulting on the loan, the investor is alleged to have fraudulently transferred assets to family trusts and other entities in an attempt to avoid liability. 
Ongoing
South Hampton Private Residence - Dispute with General Contractor
Representing the owner of a newly constructed private residence in South Hampton, NY in the mediation of a dispute with the general contractor who is claiming $1.4 million in damages for non-payment of labor and materials.  In addition to claims that the contractor's lack of experience on projects of this size and inability to complete the project in the agreed timeframe caused significant damage to our client, we are also pursuing compensation under the liquidated damages clause of the construction agreement between the parties. 
Ongoing
Property Management Firm - Motion to Intervene and Vacate $2.3 Million Default Judgment
Representing a high profile property management firm and one of its executives in litigation related to a $2.3 million default judgment obtained against a company formerly owned by the firm coupled with allegations that our clients fraudulently transferred ownership of the business in order to avoid liability.  Our motion to intervene in the underlying action and vacate the default judgment was granted by the trial court, but later overturned on appeal.  The Court of Appeals, New York State's highest court, has since agreed to review our case.
Ongoing
Construction Litigation - Dispute with General Contractor and Subcontractors
Representing a leading manufacturer and retailer of window coverings in litigation with the general contractor and various third-party defendant subcontractors in a dispute over payment for work done on a multimillion dollar building project in New Jersey. 
Ongoing
Dispute with Former Property Manager - Allegations of Fraud and Self-Dealing
Representing the property owner of four valuable Manhattan buildings in an action filed in New York state court against our client's former property manager with damage claims in excess of $5 million.  Dispute involves allegations of fraudulent and bad-faith conduct that included self-dealing, comingling of funds, and the misrepresentation of material information. 
Ongoing
Broker-Dealer and Its Principal - FINRA Disciplinary Hearing
Representing an embattled broker-dealer and its founder in a 12-day disciplinary hearing initiated by FINRA alleging multiple counts of fraud, failure to supervise and general violations of FINRA rules.
Ongoing
Counsel and Law Firm - Appeal of Contempt of Court Ruling
Representing attorneys and their law firm before the United States Court of Appeals for the Second Circuit in an appeal of the district court's ruling holding our clients in contempt of court for alleged failure to comply with a discovery order related to their representation of the Ministry of Industry of the Republic of Iraq.
Ongoing
Global Food Manufacturer - Breach of Contract Dispute with Equipment Supplier
Representing a global food manufacturer in a dispute with an equipment supplier and its parts manufacturers over the defendants' failure to deliver a complete packaging line pursuant to the terms of a written contract.  Litigation includes claims for breach of contract, fraud and negligent misrepresentation.
Ongoing
Real Estate Developer - Adverse Possession Dispute
Representing the buyers of a parcel of vacant land located in New York City's Lower Eastside in a dispute with a community activist group over the property's legal owner.
Ongoing
Global Manufacturer of Building Products - Product Liability Litigation
Representing a global manufacturer of building products in litigation filed by an insurer, as subrogee of the purchaser of two roof systems.   Plaintiff asserts claims for negligence, strict products liability and breach of express warranty relating to the alleged failure of those systems in a high wind event.   
Ongoing
Former Owners of Acquired Business - Litigation to Recoup Monies Held in Escrow
Representing the former owners of a designer and distributor of mechanical and chemical fastening products acquired by a Fortune 500 manufacturer of industrial tools and household hardware in litigation to recoup monies held in an escrow account  as indemnification payments for post-closing risks.  Dispute involves issues related to import tariff and customs duties imposed by Canadian authorities on products imported by the acquired business from the Republic of China. 
Ongoing
Private School - Dispute with General Contractor
Representing a private school on Manhattan's Upper Eastside in litigation with former general contractor and subcontractors in a dispute claiming $15 million in damages related to a fire occurring during a significant renovation project due to the alleged negligence of the defendants. 
Ongoing
Private Equity Executive - Breach of Contract Dispute
Representing a former vice president of a New York based private equity and investment firm in a breach of contract dispute with his former employer and its principal seeking recovery of compensation owed in connection with our client's work in identifying and developing an investment that delivered substantial profits to the defendants.
Ongoing
Investment Advisor - Litigation Related to Failed Merger and $700 Million in Asset Losses
Representing a registered investment advisor, its managers and the RIA's proprietary funds in a series of four consolidated securities class actions lawsuits, two concurrent state court actions, and a Bermuda and SDNY bankruptcy, involving more than $700 million in claims arising out of a failed merger between the funds and a public shell company.
Ongoing
Lender/Title Insurance - New York Supreme Court Victory
Obtained reversal of a New York Supreme Court ruling finding that the deed transferring title to a property was void ab initio.  Our client, a lender with a first priority mortgage lien on the property, had not been named as a party in the underlying action, but was sued in a subsequent action filed by plaintiffs seeking to use the ruling to extinguish our client's $2.5 million lien on the property.  We successfully intervened in the underlying lawsuit on behalf of the lender and argued that the Judge's original ruling -- finding that the deed was void ab initio -- was incorrect as a matter of law.
Ongoing
Title Insurance Company/Property Owner - Restrictive Covenant Dispute
Representing the owner of a vacant parcel of land in Westchester County, New York in a dispute with neighboring property owners over our client's plans to construct an affordable housing complex on the property.  Relying on a century-old restrictive covenant contained in a prior deed which prohibited development of a "tenement or flat-house" on the property, the neighboring property owners are attempting to block our client's planned development of the land.   
Ongoing
Individual - International Litigation
Representation of an individual in connection with U.S. litigation relating to a large international litigation in England involving global shipping.
Ongoing
SEC Matter - Securities Fraud Allegations
Representation of a business executive in an SEC civil securities fraud matter alleging participation in a pump-and-dump scheme involving two penny stocks.
Ongoing
Insider Trading Allegations
Representation of a business executive in parallel criminal and civil Insider Trading investigations being conducted by the U.S. Attorney's Office for the Eastern District of New York and the SEC.
Ongoing
SEC Matter - Private Placement Fraud Investigation
Representation of members of the board of directors of a start-up company in an SEC investigation into potential civil securities fraud related to a private placement offering.
Ongoing
Art Law - Recovery of Stolen, Rare Books
We are helping our client, the National Library of Sweden, recover rare books stolen by a former employee and sold at auction.
Ongoing
Corporation - Litigation
Representation of estate for asset protection purposes.
Ongoing
Life Settlement Investment Firm - Advice and Litigation

Representation of a German investment firm with respect to its investment portfolio of U.S. life insurance policies, including litigation in New York, New Jersey and Pennsylvania.

Ongoing
Non-U.S. Institutional Investors - Interest Acquisition
Representation of non-U.S. institutional investors in acquisitions of significant interests in U.S. based broker-dealers and investment managers.
Ongoing
Insurance Company - Restructuring and Loss Remediation
Representation of insurance company in restructuring and loss remediation activities relating to asset backed securities and conduit municipal bond investments.
Ongoing
Private Investment Management Company - Development and Disposition of Property
Representation of a private investment management company and its joint venture partners in their development and disposition of property in St. Maartin, Netherlands Antilles, to hotel and residential developers, including a complex ground lease structure.
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.
Ongoing
Cell Phone Manufacturer - IP Issues
Advise mobile telephone handset manufacturers regarding copyright, IP and licensing issues.
Ongoing
Brokerage Firms - Internal Investigations
Conducted numerous internal investigations for broker-dealers to identify fraud and wrongdoing and defend against criminal and regulatory enforcement actions.
Ongoing
Bridgestone Tire - Chrysler LLC
Representation of Bridgestone Tire and Colorado dealers in the Chapter 11 proceedings of Chrysler LLC. (S.D.N.Y.)
Ongoing
Stelic Institute & Co. - International Counsel
Designated outside counsel to Stelic Institute & Co., a Tokyo-based bio-venture company specializing in regenerative medicine, in its international legal matters. Stelic is a fast-growing bio-ventures company with scientific research laboratories in the United States, Canada and Japan. Herrick advises Stelic on product and technology licensing matters, international licensing relationships, and on corporate structuring, equity issuance, capital markets, M&A and other matters.
Ongoing
Senior Broker - FINRA Investigation
Representation of a registered senior broker in a FINRA investigation into possible selling-away activities.
Ongoing
Commercial Bank/Hedge Fund - Distressed Debt Litigation
Representation of a commercial bank/hedge fund in collecting multi-million dollar bank loans secured by interests in certain kosher dairy food producers and distributors. The principal has pledged his stock shares in the companies as additional collateral. We have obtained a judgment and a TRO for access to the debtors' assets and are pursuing litigation to unwind and recover fraudulent transfers of substantially all of the assets of the debtors and the principals. We are also pursuing relief against the principal, who recently filed for bankruptcy protection.
Ongoing
Marei von Saher - Restitution of Nazi-Looted Art
Representation of Marei von Saher in her efforts to recover hundreds of Nazi-looted artworks from the collection of her father-in-law, the renowned Dutch art collector and dealer, Jacques Goudstikker.
Ongoing
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.
2010
Estate of Lea Bondi Jaray - "Portrait of Wally" Restitution
After over ten years of litigation, our client, the Estate of Lea Bondi Jaray, achieved a very favorable settlement in the case of United States v. Portrait of Wally, which has been credited with being one of the first to focus the world's attention on the problem of Nazi-looted art. Egon Schiele's Portrait of Wally was stolen in the late 1930's from Lea Bondi Jaray, a Jewish art dealer and collector, by a Nazi agent. The settlement compensates the heirs for the true value of the painting—$19 million—and provides for permanent signage acknowledging the painting's true provenance to be placed next to the painting after it is returned to the Leopold Museum in Vienna.
Ongoing
Hedge Funds - General Counsel
Representation of institutional hedge funds, fund of funds and separate account investment managers as outside general counsel, including Stillwater Capital Partners, Wolf Asset Management International, Victoire Finance Capital, Karpus Investment Management, PCE Investors (U.S. matters), Discovery Capital Management, Hildene Capital Management, Wolf Asset Management International, Witter Partners, FIS Group and others. We advise and consult on a wide variety of corporate, regulatory and transactional matters in connection with the ongoing operation of their investment management business.
Ongoing
Credit Services Company - New York Attorney General Investigation
Representing credit services company in connection with investigation by the New York State Attorney General's Office, Consumer Frauds Bureau
Ongoing
Madoff Litigation - SIPC Trustee Actions
Representation of Madoff victims named as defendants in actions filed by the SIPC Trustee to recover monies withdrawn from their Madoff securities accounts. Those actions, which are commonly referred to as "clawback" claims, are before the Bankruptcy Court for the Southern District of New York.
Ongoing
FINRA Investigation - Fraud and Conversion
Representation of a senior executive of a regional broker dealer alleging fraud and conversion in connection with the sale of limited partnerships. The matter is currently being litigated with a hearing in second quarter of 2015.  
Ongoing
FINRA Arbitration
Representation of a national broker dealer in an arbitration claiming fraud and misrepresentation in the sale of private placements.
Ongoing
FINRA Investigation - Failure to Supervise
Representation of a major broker dealer investigated by FINRA for failure to supervise brokers in connection with the sale of speculative securities.  
Ongoing
FINRA Arbitration
Representation of a regional broker dealer in connection with a customer arbitration alleging fraud and misrepresentation in connection with a sale of publicly traded securities and private placements.
Ongoing
U.S. Southern District Federal Court Action - Trust Fund Beneficiaries
Representation of a group of trust fund beneficiaries against a major foreign bank and foreign advisors in connection with fraud and possible conversion of their managed assets leading to the loss of nearly $7 million in offshore investments. 
Ongoing
Red Rock Services Trustee - Bankruptcy Adversary Proceeding
Representation of Robert Holber, the Chapter 7 trustee of Red Rock Services, in a Bankruptcy Adversary Proceeding in the Eastern District of Pennsylvania. Red Rock was a demolition subcontractor that is being liquidated in bankruptcy. The Trustee sued a general contractor for breach of its obligations under subcontracts with Red Rock in a pair of multimillion dollar construction projects in Baltimore and Boston. After trial, the Trustee was awarded a judgment of almost $1 million, including attorneys' fees. Herrick continues to represent the Trustee on the defendant's appeal.
2014
Small Bone Innovations - Acquisition by Stryker Corporation
Representation of Small Bone Innovations, a leader in the musculoskeletal/orthopedics sector, in connection with its agreement to be acquired by Stryker Corporation, one of the world's leading medical technology companies, in an all-cash transaction valued at up to $375 million.
2014
Traders Co. - Hotel Refinancing
Representation of an affiliate of Traders Co. in the $60 million refinancing of a Courtyard Marriot hotel located in midtown Manhattan with ING Life Insurance and Annuity Company. 
2014
U.S. Bank - Syndicated Credit Facility
Representation of a major U.S. bank, as administrative agent and lender, in connection with a $300 million secured syndicated revolving credit facility to a high net worth individual and an offshore trust.  The credit facility is secured by museum quality, fine artworks and is guaranteed by a trust and a BVI entity.  Proceeds of the credit facility are to be used to finance investments. 
2014
Small Bone Innovations - Secured Credit Facility
Representation of Small Bone Innovations, Inc. (SBI), as borrower, in an $81 million secured credit facility with Hayfin Capital. The credit facility refinances SBI's debt (previously held by Garrison Investment Group) which was assigned by Garrison to Hayfin immediately prior to SBI closing on the credit facility, and provides SBI with up to an additional $25 million to use for general operating expenses. 
Ongoing
RXR Realty - Leasing
Representation of RXR Realty in the commercial leasing of 3,000,000 square feet of Class A office space in Manhattan.
Ongoing
Meag NY - Master Securities Forward Transaction Agreement
Representation of Meag NY in connection with review and comment on master securities forward transaction agreement proposed by Citibank NA.
2014
Strategic Check LLC - Master Participation Agreement
Representation of Strategic Check LLC in preparation of master participation agreement which will permit investments in non-recourse credit extended to health care providers.
2014
Strategic Check LLC - Consumer Credit Regulations Advice
Representation of Zentek Automation US in connection with termination of employee and negotiation of severance agreement.
2014
Zentek Automation US - Employment Release
Representation of Zentek Automation US in connection with termination of employee and negotiation of severance agreement.
2014
Cashzone - Sale of Assets
Representation of Cashzone Check Cashing Corporation in connection with the sale of all of its assets to PLS Check Cashing Inc.
2014
Silas Capital - Built NY Auction
Representation of Silas Capital, a venture capital and private equity firm, in the negotiation of letters of intent and a purchase agreement as part of a quasi-auction for the principal assets of a brand design firm. The transaction raised creditor rights and zone of insolvency issues.
2014
Emmes Capital LLC - Real Estate Joint Venture
Representation of Emmes Capital LLC in a joint venture transaction to acquire Class A office buildings located at 701 B Street and 707 Broadway, San Diego, California.
2014
Chicago Cubs - CBS Radio Broadcast Rights
Representation of the Chicago Cubs in connection with a multi-year radio license with CBS Radio to broadcast Cubs games on WBBM Newsradio 780AM beginning in 2015.  The radio license is part of a sports and entertainment partnership that also includes several promotional initiatives across all seven of CBS Radio's local Chicago radio stations and digital and social media platforms.  Additionally, the partnership will create and produce live music events at or near Wrigley Field. 
Ongoing
FINRA Investigation
Representation of an account executive in a FINRA investigation alleging sales practice violations, selling away and paying non-licensed persons transactional based compensation. 
2014
Major U.S. Bank - Hylan Credit Facility
Representation of a major US bank, as lender, in a secured credit facility consisting of a term loan and a revolving loan to Hylan, a fiber optic data communications contractor, to finance a recapitalization resulting in the sale of 50% of the company to a private equity firm. The loans are secured by a first lien on all present and future assets of the borrower.
2014
Setter Partners LLC - Domestic Fund
Representation of Setter Partners LLC in launching a domestic hedge fund with a long-short balanced portfolio and an event-driven investment strategy.
2014
New York Court of Appeals Victory for Capital One N.A.
On May 8, 2014, Herrick, Feinstein LLP won a significant New York Court of Appeals case on behalf of Capital One N.A.  The case, which could have a major impact on the banking industry, involved New York's Uniform Commercial Code rule 4-406, which governs a bank customer's duty to discover and report unauthorized signatures or alterations.
Ongoing
Toll Brothers - Zoning Analysis
Representing Toll Brothers in connection with the zoning analysis of various New York City properties and development sites.
2014
Bluegrass Dairy & Food - Dairy Processing Facility Financing and Acquisition
Representation of Bluegrass Dairy & Food, Inc., a leading supplier of specialty ingredients for the food industry, and its subsidiary, Bluegrass Proteins, Inc., in connection with the purchase of Associated Milk Producers, Inc.'s dairy processing facility in rural Minnesota, and the roll-out of the client's whey protein concentrate business at such facility. We also represented Bluegrass in the multi-tranche loan facility related to the purchase.
2014
FINRA Employment Arbitration
Representation of a broker-dealer in a complex employment arbitration brought by six former employees seeking over $10 Million in collective damages.   This FINRA arbitration proceeded for 60 sessions, including 32 hearing days, and resulted in a virtually complete defense verdict for the firm, including for attorneys' fees.  The award was recently confirmed in its entirety by the Southern District of New York.
2014
Top Rank, Inc. - Sony Playstation 4 Sponsorship
Herrick represented Top Rank, Inc. in connection with SONY Computer Entertainment's sponsorship of Top Rank's pay-per-view boxing programs. The sponsorship will give the Sony PlayStation 4 brand prominent placement at Top Rank's internationally televised matches, beginning with the April 12, 2014 Manny Pacquiao vs. Timothy Bradley rematch at the MGM Grand Garden Arena in Las Vegas.
2014
FINRA Arbitration - Sexual Discrimination Claim
Representation of a regional broker dealer in a claim asserted by a former account executive alleging the firm had engaged in sexual discrimination and failed to pay certain bonuses and other compensation. 
2014
Yankee Global Enterprises - 21st Century Fox
Representation of the New York Yankees and Yankee Global Enterprises in 21st Century Fox's acquisition of a majority stake in the Yankees Entertainment and Sports Network (YES).
2014
Top Rank - Julio Cesar Chavez Jr. v. Bryan Vera
Representation of Top Rank in the Julio Cesar Chavez Jr. v. Bryan Vera HBO televised super middleweight bout held March 1, 2014 at the Alamo Dome in San Antonio, Texas.
2014
Insurance Coverage Dispute - Theft by Armored Car Executives
Representation of a major national bank and its subsidiary in an insurance coverage dispute involving cash transported in armored cars.  A unanimous New York State Appellate Division, First Department panel ruled in favor of our clients, finding that the "in transit" clause of the insurance policy also covers theft by the armored car company's executives while the money was in their vault as part of the contracted-for delivery process.
2014
Cardax Pharmaceuticals, Inc. - Financings and Reverse Merger
Representation of 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".
Ongoing
Concise Capital Management, LP - Fund Restructuring
Representation of SEC-registered investment adviser in connection with the restructuring of its Cayman Islands master-feeder fund complex to reflect the addition of new share classes and changes to fee terms.
2013
Khrom Capital Management - Fund Restructuring
Representation of investment adviser in negotiating seed investment by large university endowment, restructuring terms of existing fund vehicle to accommodate seed investor, and converting fund into a master-feeder structure.
2013
City Financial Investment Company Limited - Cumulus Energy Fund, LP
Representation of City Financial Investment Company Limited in drafting the formation documents for new onshore feeder fund. Also advised client on regulatory issues and SEC and blue sky filings.
2014
Hildene Leveraged Credit, LLC - Hildene CLO I, Ltd.
CLO issuant and warehouse facility.
Ongoing
Phoenix Star Capital, LLC - Management Company
Formation of a holding company that will serve as the manager and equity partner of investment vehicles focusing on distressed corporate and municipal debt in both the US and Europe, control-distress situations, and the large-scale purchase of life insurance policies and securities backed thereby.
Ongoing
Hildene Capital Management - Kodak
Representation of SEC-registered investment adviser in formation of custom fund vehicle for large pension plan investor focusing on the acquisition of TARP securities.
2013
Hildene Capital Management - Cambridge Associates TARP Fund
Representation of SEC-registered adviser in formation of custom fund vehicle focusing on the acquisition of TARP securities.
2013
Elanus Capital Management, LLC - Series Hondius
Representation of Elanus Capital Management, LLC in the formation of Series Hondius, a series of Elanus Capital Investments, LLC, that was formed to acquire $10 million of Credit-Linked Floating Rate Notes issued by a large financial institution.
2013
Bienville Capital Management, LLC - Bienville Capital Partners Offshore, Ltd.
Representation of Beinville Captial Management, LLC, an SEC-registered investment adviser, in the formation of Bienville Capital Partners Offshore, Ltd., a Cayman Islands exempted company, which invests in a portfolio of hedge funds managed by third-party managers. Through a tactical overlay strategy, the Fund may also invest up to 25% of its assets in direct investments.
2013
Everlight Capital, LLC - Compliance
Advise investment adviser on matters relating to swaps and futures trading activities and registration/deregistration as a commodity pool operator and commodity trading adviser with the National Futures Association.
2013
COATL Capital, LLC - Family Office
Representation of our client in connection with the formation of an investment advisor focusing on Latin American clients. Draft various employment and severance agreements for employees of the new investment advisor.
2013
AKL Capital Management, LLC - Domestic Fund
Representation of an emerging domestic hedge fund which primarily invests in structured finance securities with a focus on non-agency mortgage-backed securities, collateralized loan obligations, and special situation equity securities.
2013
Dryden Capital - Offshore Fund
Representation of a master-feeder hedge fund which invests opportunistically in a long-short balanced portfolio consisting primarily of U.S. equity securities.
2013
Soho Arts Inc. - Art Investment Company
Formation of Soho Arts Partners, a series LLC, its managing member and its investment manager, in connection with several art acquisitions and investments.
2013
Davidoff Capital, LLC - Domestic Fund
Represent investment adviser in formation of master-feeder hedge fund structure with global investment strategy.
2014
Bienville Capital Management, LLC - Bienville Health Science Partners, LP and Bienville Health Science Partners Offshore, Ltd.
Representation of Bienville Capital Management in launching a master-feeder hedge fund with a long-short portfolio consisting primarily of equity securities of U.S. companies operating in the healthcare industry, including medical technology, pharmaceutical, biotechnology, life sciences and healthcare services. As in past transactions, we also represented Bienville in its joint venture arrangements with certain portfolio managers and consultants.
2014
Former Bank Directors - FDIC Investigation

Representation of three directors of a failed New York City community bank in the defense of claims by the FDIC that the directors failed to exercise due care in their oversight of the bank's loan portfolio.

2014
Berkshire Hathaway Specialty Insurance – Acquisitions
Represented Berkshire Hathaway Specialty Insurance, a division of the Berkshire Hathaway Group of Insurance Companies, in its acquisition of the assets of MyAssist Inc., a live-agent personal-assistance and telematics service provider, and Insure America LLC, a niche program administrator which provides insurance products to the travel industry, from the Noel Group.
2014
Business Dispute - Proposed Solar Farm Joint Venture
Represent diversified real estate company based in Monmouth County, New Jersey, in defense of lawsuit filed in New York state court by New York company that was potential joint venturer in solar farm developments in New Jersey. Lawsuit seeks at least $10,000,000 in damages for breach of contract and tort claims. Successfully briefed and argued that New York court lacked jurisdiction over client, resulting in the dismissal of claims against our client.
Ongoing
Metropolitan National Bank - Intellectual Property Counsel
Representation of Metropolitan National Bank in all its intellectual property needs. We help the bank register and protect all of its trademarks and service marks, oversee outside trademark litigation counsel when necessary, and negotiate service provider license agreements for banking software and technology solutions.
Ongoing
Small Bone Innovations - General Corporate Representation
Representation of Small Bone Innovations in a variety of general corporate matters, including finance and capital raising transactions and multiple international and domestic medical device and technology licensing and product development agreements.
Ongoing
International Businesses - U.S. IP Rights
Representation of 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.
2014
Real Estate Developer - West Side Development
Representation of a real estate developer in connection with litigation and related issues concerning the development of a significant parcel on Manhattan's West Side.
2014
Tire Manufacturer - Class Action Defense
Regional representation of tire manufacturer in national consumer fraud actions involving Audi and BMW cars. 
2014
Employee Claim
Representation of a regional broker dealer in a claim asserted by a former research analyst alleging that the firm wrongfully withheld certain bonus and other transactional compensation. 
2014
Philadelphia Stock Exchange and FINRA Investigation
Representation of a regional brokerage firm in a FINRA and Philadelphia Stock Exchange investigation into payment of transaction based compensation to unregistered persons in numerous violations of the just and equitable principles of trade.
2014
Business Brokerage Firm - Fee Dispute
Representation of a New York-based business brokerage firm in a dispute related to the sale of a business that included the sale of real property.  A disagreement arose between the seller and our client as to whether or not a business broker without a real estate license was entitled to recover fees on the sale of the real estate.   At issue was whether the real estate was incidental or predominant to the remaining portion of the transaction brokered by our client.  The matter was promptly and successfully resolved through negotiations that quickly ensued after Herrick commenced a lawsuit for recovery. 
2014
Court Appointed Receiver - Dissolution of Hedge Fund
Represented the court-appointed receiver over the dissolution of a hedge fund, which at its peak had assets under management of over $500 million. Herrick successfully guided the administration of the fund's investments, assessed litigation strategies and negotiated resolutions of claims against the hedge fund that resulted in a court-approved plan of distribution to creditors and investors.
2014
Taxicab Management Company - Breach of Contract AAA Arbitration
Successfully arbitrated breach of contract claim on behalf of one of the largest taxicab management companies in New York City against a former client who breached seventeen taxi medallion management contracts. 
2014
Green Smart Living - Government Relations and Lobbying
Providing government relations and lobbying services to a U.S.-based technology company in connection with pending regulations on the manufacture and sale of electronic cigarettes.   
2013
TIC Interest Holder - Real Estate Litigation
Represented tenant-in-common interest owner in substantial portfolio of Manhattan properties in connection with arbitration and litigation as to disposition of interests. 
2013
Former MF Global Officer - DOJ, CFTC and SEC Investigations
Representation of a former senior officer of MF Global in investigations being conducted by the Department of Justice, the CFTC and the SEC in connection with the collapse and bankruptcy of the company.
Ongoing
Read Property Group - Rheingold Brewery Rezoning
Representation and consultation of Read Property Group with its design team on their applications to New York City agencies for the rezoning of Rheingold Brewery.
2013
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 hitoric 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.
2013
New Jersey Doctor - Health Care Anti-Kickback Prosecution
Representation of a doctor charged by the U.S. Attorney's Office for the District of New Jersey with violating the federal Medicare/Medicaid anti-kickback statute for allegedly receiving referral fees for sending patients to a particular MRI/CT Scan service provider.
2013
FINRA Investigation
Representation of a registered representative of a major broker dealer in a FINRA investigation into mismarking of trade tickets and unsuitable trading. After successfully filing a Wells submission, the matter was ultimately dropped and the client received no formal discipline.
Ongoing
Trustees - Estate Litigation
Representation of Trustees of substantial estate in will contest litigation.
2013
Hotel Developer - Construction Litigation
Representation of New York City Hotel developer in construction litigation against general contractor.
2013
Major US Bank - Lease Dispute
Obtained pre-answer dismissal of complaint for major U.S. bank in litigation brought by former landlord with respect to post-occupancy obligations.
2013
Witness - SEC Action
Representation of a key witness in an SEC lawsuit charging kickbacks, failures to disclose and overvaluing of assets involving the owners of a registered investment adviser which claimed to have had over $130 million in assets under management.
2013
Yankee Global Enterprises - Major League Soccer Team
Representation of an affiliate of Yankee Global Enterprises, LLC and the New York Yankees in their joint venture effort with the English Premier League's Manchester City to bring a new Major League Soccer team to New York City. The new team, called New York City Football Club, will begin play in 2015 and will be Major League Soccer's 20th franchise.
2013
Legends Hospitality - One World Trade Center Observatory
Representation of Legends Hospitality, LLC, the pioneering company in the sports and entertainment industries, in the deal to develop and operate the observation deck at the top of One World Trade Center.
2013
InterMedia Partners - Formula One Proposal
Representation of InteMedia Partners in a proposal to create the Grand Prix of America Formula One race in Weehawken New Jersey.
2013
Private Equity Fund - Temporary Forbearance Agreements
Representation of a private equity fund in several temporary forbearance agreements with respect to loans secured by real property in Las Vegas, Nevada.
2013
RXR Realty - Private Equity Joint Venture
Ongoing representation of RXR Realty in in relation to a joint venture with a prominent private equity firm.
2013
Private Investment Firm - Venture Capital 
Representation of large private investor in connection with the preparation and negotiation of terms sheets for complex equity investment in a variety of privately held businesses.  
2013
Private Investment Firm - Credit Analysis
Review and analysis of existing client credit facilities and provision of advice and comparison with current market terms.
2013
Distribution and Trademark License Agreement - JACHS NY, LLC
Representation of 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.
2013
Summary Judgment - Major Public Internet Service Provider
Obtained summary judgment in New Jersey Superior Court on behalf of a major public Internet service provider, upholding the terms and enforceability of an online merchant "click-wrap" agreement and rejecting claims it was a contract of adhesion.
2013
Hotel Financings - Real Estate and Investment Management Firm
Represented a prominent real estate and investment management firm on two senior mortgage loan financings aggregating $57.5M, and secured by full service hotels in East Rutherford and Edison, New Jersey, including issues attendant to implementation of a multi-million dollar property improvement plan.
Hospitality Enterprise - Acquisition
Representation of a hospitality enterprise in the acquisition of a hotel in New Orleans.
2013
RXR Realty - 237 Park Avenue Acquisition
Representation of  RXR Realty in its joint venture acquisition of 237 Park Avenue, a 1.2 million-square-foot office building located in the heart of the Grand Central District, between 45th and 46th Streets.
2013
Multinational Insurance and Reinsurance Company - Capital Markets and Regulatory Advice
Ongoing capital markets and regulatory advice to the investment advisory unit of a multinational insurance and reinsurance company.
2013
Bank Leumi - Dismissal of Complaint
Representation of Bank Leumi USA in lawsuit by a trustee for bankrupt jeweler M. Fabrikant & Sons, Inc., who sought to recover approximately $12 million in payments Fabrikant had made to Bank Leumi on account of loans made to Fabrikant prior to the bankruptcy filing.
2013
Affiliate of Malkin Properties - Assumption of Loan
Herrick represented an affiliate of Malkin Properties as borrower in the assumption of a loan secured by property located in Stamford, Connecticut known as Metro Center.
Ongoing
Local New Jersey and New York Real Estate Counsel
Represent a nationally known moving equipment and storage rental company, as local New Jersey and New York real estate counsel, in connection with various financing transactions secured by properties in New York and New Jersey.
2013
$27M Sale of a Ground Lease
Represention of a privately-held real estate holding and property management company (as seller) on a $27M sale of a ground lease of a high-rise residential rental building in Manhattan, which also contains certain commercial space.
Merisel, Inc. - Going-Private
Representation of Merisel, Inc., a publicly traded supplier of graphic image arts, in a going-private transaction.
2013
Sports Franchise - Arbitration Award Enforcement
Representation of a major sports franchise in obtaining a judgment confirming an arbitration award for breach of contract against a season ticket holder.
2013
Venture Capital - Fruit Juice Investment
Representation of a venture financing fund in its investment in an early stage fruit juice company.
Palcap Advisors - Sunbelt Medical Investment
Representation of Palcap Advisors LLC and Jon Gordon in its investment in Sunbelt Medical Billing, Inc., a Fort Lauderdale-based provider of medical billing and claims management services to hospitals and physicians.
2013
Private Equity Firm - Fiber Optic Network Development
Representation of private equity investment firm in the arrangement of a joint venture with the objective of expanding fiber optic cable networks in a major municipality.
2013
DNL Industries LLC - Chapter 11 Proceedings
Representation of DNL Industries LLC, an emerging technology company, in its Chapter 11 restructuring.
Multi Family Developer - Joint Venture Syndications
Representation of a Brooklyn-based multi-family property owner and developer in the establishment of several multi-million dollar JV syndications.
Collateralized Lender - Secured Loan Documentation
Representation of 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.
Top Rank - Nonito Donaire v Guillermo Rigondeaux
Representation of Top Rank in the Nonito Donaire v Guillermo Rigondeaux junior featherweight title bout held April 13, 2013 headlining an HBO Championship Boxing program from the stage of Radio City Music Hall.
Top Rank - Mikey Garcia v. Juan Manuel Lopez
Representation of Top Rank in the Mikey Garcia v. Juan Manuel Lopez featherweight championship title bout held June 15th at the American Airlines Center in Dallas, Texas.
Top Rank - Zou Shiming v. Jose Ortega
Representation of Top Rank in an April 5th, 2013, promotion held at the Venetian Hotel & Casino in Macau,China and featuring the second professional bout of Zou Shiming, the Chinese Olympic gold medal winner.
2013
Emmes Asset Management - California Office Properties
Representation of Emmes Asset Management Company , LLC in connection with the acquisition of a number of multi-million dollar class A office properties in San Diego, California, in joint venture with the investment arm of a major university system.
2013
Real Estate Investment Manager - Private Equity Joint Venture
Represented affiliate of major real estate investment manager in a JV transaction with private equity fund. The JV was formed to identify, acquire hold and dispose of first loss position, unguaranteeed bonds issued in connection with multi-family bonds issued Freddie Mac under its capital execution program.
2013
Loan Acquisition - Boutique Real Estate Management and Investment Company
Represented a boutique real estate management and investment company on the acquisition of certain loans secured by vacant land located in Upper Manhattan (on which construction is contemplated of an affordable housing apartment building). 
Ongoing
Land Use & Zoning Advice- Major Sports Team
Representation of major professional sports team with respect to zoning and land use.
Ongoing
Land Use & Zoning Advice - Sherwood Equities
Representation of Sherwood Equities with respect to land use and zoning review for various sites in West Chelsea and Hudson Yards.
Ongoing
Land Use & Zoning Advice- Residential Building
Representation of residential building owner with respect to "Special Permit" application and landmarks review for a new property in Manhattan's NoHo neighborhood.
Ongoing
Rechler Equity Partners - Gabreski Airport Site Lease
Representation of Rechler Equity Partners on all aspects of their 40-year renewable ground lease to redevelop Suffolk County’s 55-acre Gabreski Airport. This transaction involved creative problem-solving, including severing the ground lease into multiple leases to coordinate with Rechler’s development schedule. The 500,000 square-foot business and technology center will house digital film studios, a 145-room hotel and a conference center, and is expected to generate 600 to 700 new jobs.
2013
Lighthouse Opportunity Fund -  $100M Mortgage Financing
Representation of New Jersey-based real estate investment company, the Orbach Group's Lighthouse Opportunity Fund, in a $100M financing deal as part of the fund's $214M acquisition of a 30-building apartment portfolio on the Upper West Side of Manhattan.
2013
Commercial Bank - Financing
Representation of a commercial bank in a $65 million acquisition and capital improvement loan to finance the acquisition and improvement of 14 multi-family properties in Houston, Texas.
Ongoing
Syndicated Loan - Asset Based Facility
Representation of a major U.S. commercial bank as agent in an $80 million secured asset based revolving loan facility to an apparel manufacturer.  This involved the transfer of the agency role to the bank and continues to have various amendments to the loan documents, including negotiating new factoring arrangements, intercreditor agreements and third party waivers. 
Ongoing
Commercial Bank - Sports Lending
Representation of a major U.S. commercial bank in a $400 million syndicated revolving loan facility to a trust established by a major sports league to make further loans to participating clubs. The loan is secured by team revenues from league sponsored TV rights and other revenue sources on a non-cross collateralized team basis.
2013
Sherwood Equities - $167M Sale of Hudson Yards Development Site  
Representation of Sherwood Equities in the sale of 360 Tenth Avenue to the McCourt Group, headed by former Los Angeles Dodgers owner Frank McCourt, for $167.3 million.
Ongoing
Nutraceuticals Manufacturer - Loan Workout
Representation of a manufacturer of nutraceuticals in a workout and forbearance arrangement with its first and second lien lenders.
2013
Commercial Bank - Financing
Representation of a commercial bank in a $24.5 million acquisition and capital improvement loan to finance the acquisition and improvement of an office building in Nashville, Tennessee.
2013
The Fuller Brush Company, Inc. - Successful Chapter 11 Reorganization - Post Confirmation Liquidating Trust
Representation of the jointly-administered chapter 11 bankruptcy cases of The Fuller Brush Company, Inc. (best known for the “Fuller Brush Man,” the ubiquitous salesman that went door-to-door selling Fuller Brush custom brush and housecleaning products) and its corporate parent, CPAC, Inc. Guided the Debtors from their voluntary petitions, to a sale of substantially all of the assets of Fuller Brush, through confirmation of their joint chapter 11 plan.
2013
Schron Family - $252M Acquisition of 175 East 96th Street
Representation of the Schron family in connection with the acquisition of the Monterey, a 521-unit multi-family property located at 175 East 96th Street, for $252 million. 
2013
Real Estate Executive - Public Corruption Prosecution
Representation of a business executive charged by the U.S. Attorney's Office for the Southern District of New York with conspiring to bribe a public official and money laundering. Resulted in the U.S. Attorneys' Office determining to drop all charges against our client.
2013
Toll Brothers - Acquisition of Development Rights
Represented an affiliate of Toll Brothers City Living in the acquisition of development rights from a site on First Avenue between East 52nd Street and East 53rd Street in Manhattan.
2012
Yankee Global Enterprises - Senior Credit Facility
Representation of Yankee Global Enterprises LLC in the refinancing of its senior credit facility consisting of a term loan and a revolving line of credit.  Yankee Global Enterprises LLC is a holding company that invests in media and sports-related businesses, including the New York Yankees.
2012
Investment Firm - Venture Capital Investments
Representation of off-shore investment firm in connection with its ongoing venture capital investment activities.  The firm invests in domestic, as well as foreign companies with a primary focus on medical devices and hi-tech Israeli start-up companies.
Ongoing
Senior Investment Banker - SEC/FINRA Investigations
Representation of a senior investment banker in parallel SEC and FINRA investigations relating to allegations of fraud and misrepresentation in connection with the sale of private equity securities.
Ongoing
International Media Company - Workers' Compensation
Representation of an international media company in an investigation by the New York State Workers' Compensation Board.
Ongoing
Broker Dealer - SEC Investigation
Representation of a broker dealer in connection with an SEC insider trading investigation.
Ongoing
National Energy Supplier - Wage/Hour Class Action
Representation of a national service company in a wage and hour collective and class action lawsuit alleging violations of federal and state labor laws.
Ongoing
Financial Advisory Group - FINRA Arbitration
Representation of a premier wealth management group at a global financial services firm in FINRA arbitrations relating to disputes with their former employer.
2012
Major League Baseball Franchise - Contract Dispute
Obtained summary judgment, including dismissal of all claims and recovery on counterclaim for breach of contract, on the district court level on behalf a Major League Baseball franchise in a contract dispute involving advertising and sponsorship rights, and protected judgment on appeal to the Second Circuit.
2012
Network Technology Company -- Wage/Hour Class Action
Successful representation of a network technology company in litigating and settling a putative class action lawsuit brought by network technicians based on an alleged failure to pay prevailing wages and benefits on publically financed construction projects.
2013
Bank of America, N.A. - $300 Million Syndicated Loan Transaction
Represented Bank of America as Administrative Agent and lender in a syndicated loan transaction to refinance a portfolio of office properties. 
2013
Gulaylar Group - Acquisition of Three-Story Retail Condo at Extell's International Gem Tower
Representation of 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.
2012
Developer - Acquisition of San Francisco Development Site
Represented a developer in connection with the acquisition of a commercial site in San Francisco, CA.  Our client intends to redevelop the property into residential apartments.
2012
Developer - $53 Million Refinance
Represented a developer in connection with the refinancing of two existing residential apartment buildings in Englewood, New Jersey.  The loan was provided by State Farm Life Insurance Company.  The transaction involved addressing the complex zoning approval history for the project.
Ongoing
Real Estate Investment Company - Section 421-a Tax Advice
Representation of a real estate development, investment, management company in obtaining a Section 421-a Real Property Tax exemption.
2013
Judgment Debtor - Fraudulent Conveyance Litigation
Representation of judgment debtor defending multiple actions under Debtor and Creditor Law in New York State Supreme Court.
2013
SEC Matter - CEO of Broker Dealer Investigated for Fraud
Representation of the Chief Executive Officer of a significant broker dealer in a U.S. Securities and Exchange Commission investigation regarding alleged misrepresentations in the offering of private placement interests, and responding to an SEC Wells Notice. The matter was ultimately favorably resolved.
2013
Private Individuals and Related Corporations - Defense
Representation of private individuals and related corporations in RICO, FLSA, consumer fraud and intentional tort claims.
2013
Consumer Products Retailer - Partnership Dispute
Representation of three partners in a 'bet the company' lawsuit brought in New Jersey state court by the fourth partner, who claimed to be an oppressed minority shareholder. Herrick defeated the plaintiff's order to show cause seeking injunctive relief including the appointment of a receiver, and then obtained a dismissal of the lawsuit based on arbitration agreement.
2013
Insurance Producer - Commission Dispute
Herrick represented an insurance producer embroiled in an arbitration with a former client over unpaid commissions. The arbitration resulted in a recovery of over $1 million.
2013
Broker-Dealer - Sales Practice Investigation by FINRA  
Successfully defended a broker-dealer in a sales practice investigation initiated by FINRA concerning allegations that the firm made false and/or misleading representations to customers in connection with the sale of certain mortgage backed securities. 
2013
Private Equity Firm - Settlement with SEC - Alleged Violations of Broker-Dealer Registration Requirements
Represented a prominent real estate private equity firm in a precedent-setting 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.  
2013
Title Insurance Underwriter and Agent - Summary Judgment Dismissing All Claims
Obtained summary judgment dismissing all claims against a title insurance underwriter and its agent following a coverage dispute arising out of a tax sale certificate that was not properly redeemed and discharged at the time of closing in accordance with the statute that governs redemptions after tax foreclosure proceedings have been commenced.  The plaintiff in the action alleged that the title insurance underwriter and agent failed to advise its closing counsel how to comply with a statute designed to prevent "heir hunters" from preying upon parties vulnerable to foreclosure in the tumultuous period following the death of a predecessor owner, as occurred here. 
2013
Landlords and Managing Agents - Dismissal of Hurricane Sandy Class Action
Representing three defendant/owner-landlords and five defendant managing agents of rental properties, located in downtown Manhattan, in a putative bi-lateral class action brought by three plaintiffs seeking rent reimbursement for loss of electricity and other services during Hurricane Sandy.  Plaintiffs purported to represent a class of all similarly situated tenants in the State of New York against our clients, who were sued individually and as named representatives for a putative defendant class of all similarly situated landlords and managing agents in the State of New York.  We successfully obtained dismissal of the complaint on a pre-class certification motion for summary judgment  made prior to any discovery, asserting that the class claims as pled failed to satisfy the statutory requisites of a class action. 
2013
Successful Conclusion to FINRA Selling Away Investigation
Successfully represented a registered representative of a broker dealer against allegations of selling away (FINRA Rule 3040) in an investigation initiated by FINRA. The registered representative concluded the matter with a letter of caution.
2013
Successful Resolution to FINRA Selling Away Investigation
Successfully represented a registered representative of a broker dealer against allegations of selling away (FINRA Rule 3040) in an investigation initiated by FINRA. The registered representative concluded the matter with a letter of caution. 
2012
Penn Camera Exchange, Inc.
Represented chair of official committee of unsecured creditors, successfully negotiated allowance of 503(b)(9) claims and structured dismissal.
2012
Plainfield Asset Management - Hawkeye Renewables
Representation of Plainfield Asset Management in the sale of an interest in Hawkeye Renewables, an ethanol producer that specializes in ethanol and dried distiller grains.
2012
Amano USA Holdings, Inc. - Corporate Advice
Representation of Amano USA Holdings, Inc., a subsidiary of a Japanese public company across a range of operational and business matters.
2012
Powers Fastners - Stanley Black & Decker
Representation of Powers Fasteners in its successful sale to Stanley Black & Decker Inc. (NYSE:SWK). Powers, founded in 1921 and based in Brewster, NY, is North America’s leading supplier of concrete and masonry anchors and fastening systems.
2012
Three Ocean Partners - Formation
Representation of investment and merchant banking boutique Three Ocean Partners, LLC in its formation and organization of partnership; equity capital raise and registration as a Broker Dealer as well as across a spectrum of portfolio investments.
2012
Investment Advisor - Regulatory Advice
Representation of multi-billion dollar registered investment adviser in in connection with its re-evaluation of regulatory compliance mechanisms to accommodate  investment advisory clients subject to ERISA.
2012
Private Equity Firm - Real Estate Portfolio Acquisition
Representation of private equity real estate investment firm in the acquisition of a substantial portfolio of mixed-use, multi-tenanted assets located in the Seattle metropolitan area.
2012
Sports Broadcaster - Credit Facility
Representation of leading regional Sports Business broadcaster and franchise in the negotiation and closing of $630 million senior secured credit facility.
2012
Sports Broadcaster - High Yield Offering
Representation of leading regional Sports Business broadcaster and franchise in the issuance of $250 million high yield note offering.
2012
Investment Advisor -NYC Pension Agreements
Representation of multi-billion dollar registered investment adviser  in the negotiation of investment management agreements with New York City pension plans.
2012
Top Rank - Manny Pacquiao v. Juan Manuel Marquez IV WBO
Representation of Top Rank in the Manny Pacquiao v. Juan Manuel Marquez IV WBO held December 8, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
2012
Top Rank - Manny Pacquiao v. Timothy Bradley Jr. WBO
Representation of Top Rank in the Manny Pacquiao v. Timothy Bradley Jr. WBO welterweight championship bout held June 9, 2012 at MGM Grand Garden Arena and telecast on HBO pay-per-view.
2012
Investment Advisor - Investment Management Agreements
Representation of multi-billion dollar registered investment adviser  in the negotiation of investment management agreements with major public telecommunications company.
2012
Top Rank - Julio Cesar Chavez v. Sergio Martinez WBC
Representation of Top Rank in the Julio Cesar Chavez v. Sergio Martinez WBC middleweight championship bout held September 15, 2012 at the Thomas & Mack Center in Las Vegas and telecast on HBO pay-per-view.
2012
Investor Group - San Diego Padres
Representation of investor group including former MLB All-Star in a bid to acquire the San Diego Padres.
2012
Top Rank - Telecast Contracts
Representation of Top Rank Inc., the world leading boxing promotion company, in contracting with athletes and arenas, domestic and international TV broadcasters, and HBO to broadcast numerous high-profile championship bouts around the world. 
2012
Tri-State Financial Press LLC — Sale of Business
Representation of Tri-State Financial Press LLC, a leading New York-area financial printer, based in Saddle Brook, New Jersey, in the sale of its business to Toppan Vite (New York) Inc. Toppan Vite, a global leader in financial printing, is a wholly owned subsidiary of Toppan Leefung Pte Limited and part of the Toppan Printing Group, the world’s largest printing group, headquartered in Tokyo with approximately US $18 billion in sales for the year ended March 31, 2012. The transaction will allow Toppan to expand its global reach and service capabilities in the United States with the addition of the Tri-State division based in New Jersey to compliment Toppan’s existing state-of-the art client facilities in Manhattan.
2012
Yankee Global Enterprises - YES Network
Representation of the New York Yankees and Yankee Global Enterprises in News Corporation's acquisition of a 49 percent equity stake in the Yankees Entertainment and Sports Network (YES).
2012
Yankee Global Enterprises - Triple A Acquisition
Representation of Yankee Global Enterprises and affiliates in the acquisition of franchise rights for the New York Yankees minor league Triple A affiliate based in Scranton /Wilkes-Barre.
2012
Biopharma Company - Securities Advice
Representation of publicly held biopharmaceutical company in connection with it securities filings, reporting requirements and related corporate advice.
2012
Yankee Global Enterprises - NYY Steakhouse
Representation of Yankee Global Enterprises in connection with the opening of a NYY Steakhouse in Times Square. The NYY Steakhouse brand is a joint venture partnership between the New York Yankees and Hard Rock International.
2012
Regional University - Corporate Real Estate Advice
Representation of major regional university in connection with ongoing real estate management and transactions.
2012
Asset Manager - CFTC Registration
Representation of asset management division of leading international financial institution in CFTC and NFA registration and related regulatory matters.
2012
Foreign Investment Advisor - US Securities Advice
Advice to German based investment advisor  with respect to U.S. securities regulations.
2012
Mediware Information Systems - Going Private
Representation of Mediware Information Systems, Inc. (MEDW), a leading provider of clinical software solutions, in its acquisition by leading private equity investment firm Thoma Bravo, LLC. In a transaction valued at $195 million.
2012
Investment Manager - Fund Liquidation
Representation of investment manager in fund liquidation; including the sale of ownership stakes and position in portfolio companies.
2004-2012
CPCR - Domino Sugar Redevelopment - Acquisition, Financing and Development
Representation of The Community Preservation Corporation and its affiliates in connection with the acquisition, financing and development of the sprawling 11.5-acre waterfront complex in Williamsburg, Brooklyn, that was formerly home to Domino Sugar.
2004-2012
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.
Ongoing
New York based Technology Company

New York based Technology Company.  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.

Ongoing
Representation of Start Up Company
Represent 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.
Ongoing
PASL Holding LLC
Represent a bank holding company of a OCC regulated community bank in all aspects of its regulatory compliance and periodic reporting obligations.
Ongoing
Representation of Non U.S. Bank
Represent a non U.S. bank subject to New York State bank regulatory authority in the development of its real estate lending policies and procedures.
2011-2012
SEC Matter - Representation of Company and CEO Concerning Stock Transaction
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.
Ongoing
Bank Regulatory Analysis
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.
Ongoing
Expansion of Bank Activities

Representation of a Non U.S. bank subject to New York State bank regulatory authority in the expansion of its U.S. business activities.

2012
Brokerage Firm - FINRA Examination
Representation of a brokerage firm in a Financial Industry Regulatory Authority examination of customer trades in foreign bonds and the firm's anti-money laundering procedures.
2012
Former Teammates of Lance Armstrong – Department of Justice Investigation
Represented a professional cycling team, and three of its cyclists, in a criminal investigation by the U.S. Department of Justice, and a related investigation by the United States Anti-Doping Agency, concerning the use of performance enhancing drugs by the riders' former teammate Lance Armstrong. 
2012
Global Hedge Company - Exchange
Representation of a global hedge fund in the exchange of certain of its private equity holdings to a Greek public company.
2012
1960's Singing Group - Trademark Infringement
Kelly v. Duprees MJA, LLC, 2012 U.S. Dist. LEXIS 40597 (D. N.J. March 23, 2012).  Represented the Estate of Michael Arnone, a co-founder of the famous 1960's vocal harmony group The Duprees, and its assignee, Duprees MJA, in obtaining summary judgment dismissing all claims alleging fraud on the USPTO, common law trademark infringement and violation of the New Jersey "Truth in Music" Act. The case was brought by a former singer who had joined the Duprees group in 1964, two years after they already had their first major hits, and left the group in the late 1970s, never to perform again.  The dismissal on the merits brings to a close a six-year battle over the rights to the DUPREES name and rejects the notion that early members of a performing group can claim rights in the group's name if they abandon the group without securing a partnership agreement to the contrary or a license.
2012
Trucking Company - Contract Termination/TRO
Representation of Trucking Company in contract termination litigation in U.S. District Court with contract partner/wholesaler attempting to terminate for breach of contract.  After hearing, obtained a preliminary injunction preventing termination.
2012
Representation of International Construction Materials Manufacturer
Represent an international construction materials manufacturer in various franchise law issues including the compliance of its distribution system with franchise law.
2012
City of New York Comptrollers Office
Represent the New York City Comptroller in connection with an investment in a multi-million investment in a real estate focused private equity fund.
2012
Representation of Investment Advisor
Represent the investment adviser with regulatory assets under management of approximately $1 billion in connection with investment adviser act issues including filing of an amendment to its Form ADV.
2012
Representation of Private Equity Opportunity Fund
Represent 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.
2012
Representation of Non-U.S. Developer
Represent a non-U.S. developer of NYC residential apartments in its innovative financing structure using a Series Limited Liability Company.
2012
Private Equity Fund - New York City Real Estate Sales
Representation of an affiliate of a private equity real estate fund in several transactions involving the sale of eight properties in New York City.
2012
Dismissal of Claims - International Council of Museums
Representation of the International Council of Museums in successfully obtaining the dismissal of claims brought in the US District Court (Southern District of NY), by a Canadian art verification expert for allegedly defamatory content re-posted on the Council's online public blog site that was operated out of France. 
Ongoing
Nomura America - Manhattan Office Leasing
Representation of investment bank Nomura America in office leasing matters throughout the U.S.
Ongoing
The Royal Bank of Scotland - Distressed Bank
Representation of the Royal Bank of Scotland plc in its trading activities involving various tranches of distressed bank debt.
2012
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.
2012
Phillip House, 141 E. 88th Street-Condominium Offering Plan
Representation of a client in the filing of a condominium offering plan with the Attorney General's office for sale of approximately $272 million.
2011/2012
RCR Management
Representation of RCR Management in numerous purchases of New York City apartment buildings.
2011/2012
Park Lane Management
Representation of a developer in the acquisition of a development site on Avenue D in Manhattan for a substantial residential development.
2012
Bank Repo Transaction

Representation of 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.

2012
Private Equity Fund - Restructuring JV Agreements
Representation of a private equity fund in the negotiation of multiple joint venture agreements in connection with the financing of two redevelopment projects in Texas.
2012
Major Private Bank - Term Loan Facility
Representation of a major U.S. private bank in connection with a $17 million term loan facility secured by a Delaware trust’s equity interests in residential properties and economic interests in several investment funds.
Ongoing
The Republic of Turkey's New York Consulate
Representation of the Republic of Turkey in the development and construction of a new and expanded consulate at 46th Street and 1st Avenue across from the UN's General Assembly; a signature project as it expands its diplomatic footprint around the world. Our work includes advice on government relations, real estate development and construction, leasing, land use and zoning.
Ongoing
Real Estate Developer - 1.5 Million Square-Foot Mixed-Use Project
Representation of an institutional real estate developer and owner in connection with the development of more than 1.5 million square feet of multifamily and commercial property on the west side of Manhattan; including negotiations with various government entities regarding the transfer of a significant amount of air rights to allow for the development. 
Ongoing
Online Marketing Company - National Leasing Matters
Representation of an online marketing company in connection with office lease agreeements in a number of U.S. states, including New York, Boston, Arizona, Virginia and Texas. 
2012
Investment Advisor - Successful Conclusion to SEC Investigation and Wells Notice Alleging Fraud Against Senior Executive - Stanford Ponzi Scheme
We represented a senior executive investment advisor formerly associated with the now infamous Stanford Financial Group in a Securities and Exchange Commission investigation.  In 2011, the SEC issued a Wells Notice concerning our client's alleged fraudulent disclosures and affirmative misrepresentations in the sales of Stanford International Bank CDs, allegedly a massive Ponzi scheme.  After making two submissions in response to the Wells Notice and an oral presentation to the staff at the SEC's Fort Worth office, we successfully persuaded the SEC to issue a no-action letter stating that it will not bring any charges against the client.
2012
Real Estate Developer - St. Regis Hotel Refinancing
Represented an affiliate controlled by real estate developer David Reis in the refinancing of the St. Regis resort in Deer Valley, Utah.
2012
Woolworth Building Owners - Condominium Conversion and Sale
Represented the owners of the iconic Woolworth Building – a joint venture between Cammeby's International and The Witkoff Group – in the conversion of the building's top 30 floors to a condominium unit, and the $68 million sale of the unit to Alchemy Properties. 
2012
Lightstone Group - Bronx Movie Theater Acquisition
Represented the Lightstone Group in the $30 million acquisition of the Whitestone Cinemas multiplex in the Bronx, New York.  The sale is the second largest so far this year in the Bronx, according to data from Real Capital Analytics, and the fifth-largest sale in the borough since 2008.
2012
EU National Asset Manager - Hotel Loan Sales
Represented the $100 billion "bad bank" of an EU member state in the disposal of several large loans tied to U.S. hotels.
Ongoing
Insurance Company - Mortgage Financings
Representation of a major U.S. insurance company in numerous mortgage loans on various commercial properties in Manhattan, Westchester and Long Island.
Ongoing
U.S. Commercial Bank - Commercial Foreclosures and Workouts
Representation of a major U.S. commercial bank in workouts and foreclosures involving various commercial properties in New York and New Jersey.
Ongoing
Anglo Irish Bank - Commercial Foreclosures and Workouts
Representation of an Irish banking corporation in a variety of workouts and foreclosures involving commercial properties in New York, New Jersey, Illinois, Texas and Florida.
2012
Commercial Bank - $60 Million Construction Financing
Represented a commercial bank in a $60 million construction loan to finance the conversion of a historic hotel in Chicago to residential apartments.
2012
Land Owner - Refinance and Cross-Collateralization of Loans
Represented a developer in connection with the refinancing of an existing $10 million bridge loan on a development site in the Meatpacking District. The loan was cross-collateralized and cross-defaulted with existing debt of more than $30 million on adjacent properties owned by an affiliate of the borrower.
2012
Real Estate Owner - Key West Retail Center Acquisition
Represented a client in connection with the purchase of a $19 million retail center in Key West, Florida and $14 million of acquisition financing.
2010
Proposed Development Plans - "Big Box" Retailer
Represented “Big Box” retailer in three different actions in central New Jersey concerning objections to proposed development plans. Advanced cutting-edge legal arguments regarding standing under New Jersey’s Municipal Land Use Law based on objectors’ misuse of zoning laws to advance non-zoning law interests. (Prior Firm Experience)
2012
Toll Brothers - Joint Venture Development of Brooklyn Bridge Park
We are representing Toll Brothers City Living, the urban development division of Toll Brothers, Inc. (NYSE: TOL), in its joint venture with Starwood Capital Group to develop a 550,000-square-foot luxury hotel and residential complex at Brooklyn Bridge Park. The new mixed-use community is slated to feature a 200-room "1 Hotel" as well as 159 waterfront residences. Ground-breaking for the project is anticipated to begin in the spring of 2013.
2012
RXR Realty – Office and Retail Leasing Matters
Representation of RXR Realty, one of the largest real estate operating and investment companies in the New York tri-state area, in office and retail leasing at the 2.3 million square-foot Starrett-Lehigh building, one of Manhattan's ten largest office buildings.  
Ongoing
Doral Bank - Warehouse Lines of Credit
Representation of Doral Bank in warehouse lines of credit to a number of mortgage originators, and financing facilities of up to $250 million to major private equity funds.
Ongoing
Futures Commission Merchant - NFA Arbitration
Defend an FCM in an NFA arbitration brought by a customer alleging that trading losses resulted from alleged improper conduct of various associated person.
2012
Major Commercial Bank - Restructuring
Representation of a major U.S. commercial bank, as lender and agent in connection with a $33 million restructuring of several revolving credit and term loan facilities secured by 11 real properties located in New York.
2011-2012
SEC Matter - Investment Advisor and Employees as Witness in Investigation
Representation of an investment advisor with in excess of $4 billion under management as a witness in a U.S. Securities and Exchange Commission investigation regarding an issuer.  Our work entails producing documents in response to a SEC subpoena and representing company personnel required to provide testimony to the SEC.
2012
Wytfliet Atlas - National Library of Sweden
The Royal Library of Sweden, with the assistance of the United States Government and Herrick, Feinstein, LLP, has recovered a 415-year-old atlas which had been stolen along with dozens of other rare volumes ten years ago.
2012
Futures Commission Merchant - Class Action
Defend an FCM in a class action lawsuit against claims alleging that the firm engaged in, or assisted, a scheme to manipulate the prices of palladium and platinum futures contracts traded on NYMEX.
2012
Representation of International Manufacturer
Represent an international manufacturer with office and plant facilities in New Jersey in connection with the construction of a solar energy facility, including the negotiation of lease terms and the power purchase agreement.
2012
PCAOB Investigation
Represent a regional certified public accounting firm in an investigation by the PCAOB.
Ongoing
Madoff Case - Hedge Fund Representation
Representation of several hedge funds that invested tens of millions of dollars with Bernard L. Madoff, pursuing recoveries and defending against clawback and other claims.
2012
Major U.S. Commercial Bank - Syndicated Mortgage Loan
Representation of a major U.S. commercial bank, as agent and lender, in connection with a syndicated mortgage loan and amendment to an asset-based credit facility to increase the commitment to $100 million, admit new lenders and reallocate outstanding loans among lenders.
2012
Port Authority of New York and New Jersey - Land Use Counsel
Land use counsel to the Port Authority of New York and New Jersey in connection with the development of the new World Trade Center complex.    
2012
Representation of Biomass Energy Developer
Represent a biomass energy developer in the registration of its common stock.
2012
REIT - Real Estate Litigation
Representation of affiliate of a leading REIT in winning summary judgment: (a) in an adverse possession action brought by the owners of adjacent property; and (b) in a separate real estate breach-of-contract suit arising out of an agreement sell property in Manhattan.
2012
Asset Management Company - Investment Suitability
Representation of investment advisory company in defense of action by former client with respect to investment losses.
2011
Global Manufacturer
Representation of a global manufacturer in prosecution of claims against former key employees and competitor for breaching fiduciary duty, raiding workforce, and misappropriating confidential information.
2010
Real Estate Opportunity Fund - Enforcement of Guaranty
Representation of real estate opportunity fund in obtaining summary judgment in lieu of complaint against guarantors.
Ongoing
Steiner NYC - Zoning and Land Use Counsel
Representing Steiner NYC in connection with the zoning and land use analysis of various New York City development sites, including the site of a planned 52-story residential rental tower in Downtown Brooklyn.
Board of Directors and Audit Committee - Strategic Advice
Strategic advice and counsel to the Board of Directors and Audit Committee of a public company regarding litigation in New York and Belgium.
2012
Pharmaceutical Company - Product Liability and Consumer Fraud
Defense of a major pharmaceutical manufacturer in a national litigation involving claims of failure to warn and consumer fraud.
Diamond Company - Insurance Litigation
Representation of a public diamond company in complex insurance coverage litigation in New York and London.
Foreign Bank - Strategic Advice
Strategic advice and counsel to a foreign bank concerning parallel litigations in New York and Ireland.
2012
Expansion VC - Angel Investments
Representation of Expansion VC, a New York based venture capital firm, in connection with its recent angel investments in Pricing Engine, a provider of business intelligence tools for digital marketers, the RealReal, an online membership-based marketplace for previously-owned jewelry, accessories and clothing, Tailored, Inc., an online bridal and wedding planning service, and Apptopia, which runs an online marketplace designed to help broker the sale of mobile apps.
Regional Brokerage Firm - Investor Claims
Representation of a regional brokerage firm in multiple investor claims alleging fraud and misrepresentation in connection with a failed private placement.
2012
Plainfield Asset Management - Real Estate Sale
Representation of Plainfield in the sale of certain real estate developments and a pool of loans secured by various real estate projects and to a real estate developer.
2012
Plainfield Asset Management - General Counsel Services
Representation of Plainfield Asset Management, on an ongoing basis, in general outside counsel services.
2012
Plainfield Asset Management - Intellectual Property Investments Sale
Representation of Plainfield Asset Management in the sale of a package of investments made in and alongside a private equity firm focusing on intellectual property. The sale included membership interests in the private equity fund as well as underlying investments in vehicles that acquired intellectual property assets.
2012
MEAG Munich - Regulatory Advice
Representation of MEAG Munich, the European-based investment advisory arm of Munich Re, in connection with regulatory advice regarding traders under the U.S. Securities Exchange Act.
2012
PCCP Capital – $65M Mortgage Financing
We represented real estate private equity firm PCCP Capital in the origination of a $65M loan used for the acquisition and repositioning of Cassa Hotel, a 165-room luxury hotel property in New York City. 
2012
ALC Holdings LLC
Representation of official unsecured creditors committee of laser skin care provider. (D.Del.)
2011
Great Atlantic & Pacific Tea Company - Grocery Haulers Inc.
Representing major trade creditor in large supermarket reorganization. (S.D.N.Y.)
2012
Major Foreign Commercial Bank - Acquisition and Construction Financing
Representation of a major foreign commercial bank in connection with the $65 million acquisition and construction financing for a retail/residential condominium development in lower Manhattan.
2012
Two Week Federal Trial - Trademark Infringement
Represented Ultra Enterprises, Inc. in a federal law suit against the largest independent electronic dance music ("EDM") record label in a trademark infringement and breach of contract action in the U.S. District Court for the Southern District of New York.  Ultra Enterprises, Inc. is the owner of the trademark for the Ultra Music Festival, the award-winning Miami electronic dance music festival; the UMF Ibiza music festival; the UMF Brazil music festival; and other UMF events. After cross-examining the defendant's CEO and expert witness and delivering the closing arguments in a two week jury trial, the parties settled on very favorable business terms to our client that allow our client to use its protected marks world-wide, and creates an opportunity for the parties involved in the case to move forward and work together on future business endeavors.
2012
Cooper Tires - Product Liability Litigation
Representation of Cooper in product liability matters.
2012
Borrower - Lending Liability
Representation of borrower regarding management of escrow fund for continuing care retirement community.
2012
Corporate Litigation
Assistance with post-closing indemnification issues following sale and merger.
2012
Financial Services Firm - Employment Issue
Representation of key employees of financial services firm in a case brought by a competitor alleging misappropriation of confidential information and wrongful solicitation of clients.
2012
Private Investor - Pump-and-Dump Conspiracy
Representation of a private investor in multiple litigations alleging an elaborate pump-and-dump conspiracy involving the stock of a thinly-traded German company.
2012
Insurer - Regulatory and Administrative Advice
Representation of an insurer with respect to the regulatory and administrative aspects of its rebate programs, including audit advice as well as representation in disputes with pharmacy benefits managers.
2012
Architecture Firm - Discrimination Claim
Representation of an architecture firm in a suit alleging gender discrimination.
2012
Futures Commission Merchant - Bankruptcy Trustee Claims
Defend an FCM against a Bankruptcy Trustee's allegations that funds transferred to the debtor's trading account were fraudulent transfers and, although largely lost in futures trading, should be returned to the estate by the FCM.
2009-2012
Criminal Investigation - Accounting Practices
Representation of a subject in an investigation conducted by the Manhattan District Attorney's office and the U.S. Attorney's office for the Eastern District of New York concerning accounting practices at a construction company. Resulted in no charges against our client.
2012
Former Corporate Officer - Defense
Representation of a former corporate officer involving fraud and unjust enrichment claims.
2012
Winstar Communications Trustee - Bankruptcy Appeal
Representation of the Trustee for Winstar Communications in an adversarial proceeding asserting claims of insider/voidable preference, equitable subordination and breach of contract, against Lucent Technologies. After winning at the bankruptcy court level following a one month trial and an initial appeal to the US District Court, we successfully argued to the US Third Circuit Court of Appeals in a case then valued at about $340 million. The Third Circuit affirmed the courts below and found that Lucent was an insider of Winstar. In so ruling, the court also upheld the Trustee's arguments regarding earmarking, new value, core versus non-core jurisdiction, right to jury trial and equitable subordination. The American Bankruptcy Institute Journal, in its April 2009 issue, featured the Third Circuit decision and wrote that the case “opens an entirely new and extensive arena in bankruptcy-preference litigation that may cause profound changes in both preference-risk assessments and creditor behavior.”
2012
Business Services Company - Employment Issues
Representation of a company that provides maintenance, cleaning and security services to New York City businesses in employment disputes and risk management issues. We also conduct sensitivity training for the company.
2012
Major International Technology Company - Government Procurement Assistance
Assistance to a multi-billion dollar technology company which provides automated time and attendance systems in its dealings with the City of New York's technology officials.
2012
Regional Bank - Litigation Related to Failed Acquisition
Successfully prosecuted a multi-million dollar claim on behalf of a large regional bank stemming from a failed acquisition of the bank. We were able to bring the matter to a swift conclusion through a dispositive motion after minimal discovery and cost. 
2012
First Lien Lender - Property Owner Bankruptcy
Herrick represented the first lien lender on a $20 million loan secured by a nearly completed, uninhabited 46 unit condominium project.   The lender was in the process of foreclosing on the property when the property owner filed a chapter 11 case.  Working collaboratively with the mezzanine lender to whom the membership interests of the property owner were pledged, Herrick successfully maintained the receiver in place and forced the debtor to transfer the property to the lender under a chapter 11 plan of reorganization. 
Ongoing
Clear Channel Spectacolor - Litigation Counsel
Representation of a major national outdoor advertising company in all litigation involving outdoor advertising displays, spectacular signage and taxi advertising.
Ongoing
World-Wide Group - Land Use and Zoning
Representing the World-Wide Group in land use and zoning issues at a number of sites in Manhattan.
Ongoing
Major Developer - Hotel Acquisition Litigation
Representation of a contract buyer of a Florida hotel in an action for specific performance with an abatement. The seller of the hotel is seeking to declare a forfeiture of our client's deposit, and we are counter claiming to force the sale of the hotel to him.
Ongoing
International Flavors & Fragrances - Litigation Counsel
Representation of a leading creator and manufacturer of flavors and fragrances in commercial and employment litigation.
2011
Representation of Skating Facility
Represent a New Jersey skating facility in the financing and installation of a solar facility and the sale of SREC.
2011
Representation of Private Equity Fund
Represent 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.
Ongoing
Financial Institutions and Borrowers - Real Estate-Related Loans
Representation of financial institutions and borrowers in a variety of real estate-related loans, including loan commitments, first and second fee mortgages, leasehold mortgages, construction loans, and senior and mezzanine loans to real estate operating companies.
2011
Futures Commission Merchant - Fraud Claims
Defended a Futures Commission Merchant ("FCM") in a federal civil lawsuit alleging that a former employee of the FCM assisted the employees of a bank to overvalue the bank's over-the-counter natural gas options book. Damages in excess of $500 million were sought.
Ongoing
Large U.S. Financial Institution - Private Wealth Management Group Financings
Representation of the private wealth management group of one of the nation's largest financial institutions in connection with financings of up to $500 million to prominent individuals secured by various real estate and corporate assets.
Ongoing
Rite Aid - Real Estate Counsel
Representation of a national drug store chain in all New York real estate litigation.
2011
Representation of Biomass Energy Developer
Represent a biomass energy developer in the acquisition of a biomass facility in California that has a boiler capable of producing 160,000 pounds of steam per hour and a turbine that can generate approximately 12.5 megawatts of base-load electricity.
2011
U.S. Commercial Bank - Acquisition and Sale
Representation of a major U.S. commercial bank in connection with its acquisition and subsequent sale of a $200 million interest in a syndicated mortgage loan secured by a major New York City office building and its substitution as agent for the lenders.
2011
Property Owner - Ownership Restructuring
We represented a property owner in connection with a complex ownership restructuring of a wine, spirits, and non-alcoholic beverage distribution center in South Carolina. We helped the property owner with corporate, real estate and tax issues regarding lease modifications, changes in ownership of limited liability companies, a mortgage refinancing and the option granted to affiliates of the tenant to purchase equity interests in the company that owns the facility. 
2011
Tricham Housing Associates - Sale
Representation of Tricham in the sale of a 179-unit affordable housing complex located in East Harlem, which was known for many years as Tricham Houses and was renamed East River Apartments by the buyer.
Ongoing
Telecommunications Services Company - Employment Issues
Representation of a telecommunications services company in employment-related issues, claims asserted by former employees, and risk management.
2011
RXR Realty - Closure Certification
Representation of RXR Realty in connection with obtaining a closure certification under the Resource Conservation and Recovery Act and state hazardous waste management regulations from the New York State Department of Environmental Conservation for successfully decommissioning and remediating a facility where hazardous waste had been generated and abandoned by a former tenant.
2011
Luxury Apparel & Home Furnishing Company - Preferred Stock
Representation of 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.
2011
Emmes Asset Management Company LLC - Acquisition
Representation of Emmes Asset Management in connection with the acquisition of a preferred equity interest in Waterside Plaza, a multi-family residential complex on the East River.
2011
Highbridge Capital Management - Los Angeles Dodgers
Representation of Highbridge Capital Management in connection with the Major League Baseball rules and regulations applicable to Highbridge's $60 million interim bankruptcy financing to the Los Angeles Dodgers. We are also advising Highbridge on its proposed long-term $150 million credit facility to the Los Angeles Dodgers.
2011
Plainfield Asset Management - Sale
Representation of Plainfield Asset Management in the sale of a package of assets in connection with its liquidation, including a secured loan to a high-end retail company, an investment in an EU solar panel manufacturer and a Greek public company.
2011
Asset Management Company - Regulatory Advice
Provided regulatory advice in connection with a multinational asset management company’s real estate development activities in the United States.
Ongoing
Collateral Manager - Collateralized Debt Obligation Restructurings
Representation of a collateral manager in connection with a series of restructurings of collateralized debt obligation entities relating to changes in portfolio structure and to redemptions of classes of CDO Notes.
Ongoing
Registration of Real Estate Fund Managers
Comprehensive regulatory advice to a platform of real estate advisory entities with respect to registration obligations and related compliance issues under the new Dodd-Frank requirements for investment advisers.
2011
Hildene Capital Management—Hedge Fund
Representation of Hildene Capital Management, a hedge fund manager whose fund we helped to launch, in registering as an investment adviser with the SEC.
2011
Major U.S. Bank - Art Loan
Representation of a major U.S. private bank in a $110 million loan secured to by art works and Manhattan real estate.
2011
Major U.S. Private Bank - Art Loan
Representation of a major U.S. private bank in connection with a $16 million revolving credit facility secured by thirteen works of art.
2011
Art Collector - Syndicated Term Loan
Representation of a group of affiliated entities in a $150 million syndicated term loan credit facility from three private bank lenders collateralized by an extensive art collection located in museums, galleries and other third-party warehouse facilities throughout the world.
2011
Major Foreign Financial Institution - Term Loan Facility
Representation of the New York branch of a major foreign lender in a $250 million bilateral multiple draw term loan facility to the U.S. subsidiary of an international chain of convenience stores.
Ongoing
Chiral Advisors, LLC—Hedge Fund
Representation of Chiral Advisors, LLC in setting up a new domestic hedge fund that will engage primarily in a long/short equity and special situations-oriented investment strategy.
2011 - Ongoing
Discovery Capital Management—Series D Master Feeder Fund
Representation of Discovery Capital Management in revising its existing multi-manager fund documents to incorporate a new Series D onshore/offshore master feeder fund focused on a more aggressive and opportunistic investment strategy than their existing Series A Fund. We also made several additional updates and modifications to their fund documents and advised on related regulatory issues.
2011
Elanus Capital Management, LLC - Global Managed Account Platform
Representation of Elanus Capital Management, LLC in establishing an onshore/offshore multi series and segregated portfolio company structure to permit customized portfolios for institutional investors seeking to invest in credit linked notes and other asset backed securities issued by various European banks for capital relief purposes. We also helped Elanus negotiate certain seed investor transactions.
2011
Syndicated Loan - Financial Institution Lending
Representation of a major U.S. commercial bank as agent in a $75 million revolving credit facility to a bank holding company.
2011
Major Foreign Bank - Syndicated Revolving & Overdraft Loan Facilities
Representation of the New York branch of a major foreign lender, as agent, in a $340 million syndicated revolving loan facility containing a $100 million overdraft credit facility.
2011
Bank Loan Participation - Household Items Manufacturer
Representation of a major commercial bank as a participant in an asset based loan facility to a luxury home furnishings manufacturer and the resolution of asset eligibility issues arising from extended term receivables.
2011
Victoire Finance Capital - Domestic Feeder Fund
Representation of Victoire Finance Capital in forming a domestic feeder fund, Victoire Finance & Gestion Onshore LP, which will pursue a long/short investment strategy and slot into their existing offshore fund structure. This fund was formed as a roll up of a separately managed account.
2011
Hersha Hospitality Trust - Union Square Hotel Acquisition
Representation of Hersha Hospitality Trust in connection with its $104 million purchase of the Hyatt Union Square Hotel.  
2011
KCPS & Company - Regulatory Advice
Representation of KCPS & Company, a global investment management firm, and its affiliates in registering with the SEC as an investment adviser and related advice on the exempt status of various affiliates.
2011
Fund of Funds Manager - Fund Updating
Representation of Fund of Funds Manager in updating fund documents for a family of funds of funds to reflect recent legal developments as well as modified fee terms and other updates. We also assisted in ongoing blue sky and compliance matters.
2011
Direct Adoption LLC
Represent the formation of a venture start up that  creates and fosters a community for people who want to adopt children, including the launch of a content rich website.
2011
Hildene Capital Management—Fund Formation
Representation of Hildene Capital Management in forming Hildene Opportunities Fund II, an onshore/offshore master feeder fund, to invest in various credit related opportunities, including  small and medium-sized corporate credits, single name credits, collateralized loan obligations, seasoned residential mortgage-backed securities, asset backed securities, bank debt, special situations, high-yield bonds, seasoned ABS CDOs, CRE CDOs, and other structured credit investments. This fund was Hildene's second hedge fund vehicle and following their initial fund that launched in May 2008. 
Ongoing
SEC Matter - Investment Advisor Fraud Allegations Against Senior Executive
We represent a senior executive investment advisor formerly associated with the now infamous Stanford Financial Group in an SEC investigation and the Wells Notice process concerning allegations of fraudulent disclosures and affirmative misrepresentations in the sales of Stanford International Bank CDs, allegedly a massive Ponzi scheme.
2011
Construction Management Company - Wrongful Termination
Representation of a construction management company in a dispute with NYU Hospitals Center regarding the termination of a multi-million dollar renovation contract. After a trial in Federal Bankruptcy Court, the court held in favor of our client on all counts, entitling them to payment of its outstanding requisitions and dismissal of all claims against them.
2011
Pension Fund - Mortgage Financings
Representation of a New York State pension fund in multiple commercial mortgage loans, including the financing of the fee and leasehold positions in two Manhattan Garment District office buildings.
2011
Real Estate Investment Firm - Business Divorce
Representation of a group of partners in negotiating and implementing the business separation of the principals of a real estate investment firm.
2011
Xiling Group - Art Investment Fund
Representation of Xiling Group in forming a new art investment fund focusing on culturally and aesthetically important Chinese art. The fund was structured as a private equity fund with certain special features to accommodate its unique investment strategy.
2010
Electronic Company - Sale
Representation of a developer of access control software in connection with the sale of its business.
2011
Williamsburg Rezoning
Representation of a group of five property owners in connection with a three-block rezoning with inclusionary housing in Williamsburg, Brooklyn.
2011
Real Estate Developer - 421a Exemption
Representation of a Manhattan real estate developer in obtaining a section 421a real property tax exemption.
2011
International Professional Services Firm - Lease
Representation of a leading international professional services firm in connection with a lease for office space in a building under development in Summit, New Jersey.
2011
Stellar Pharmaceuticals Inc. - Private Placement
Representation of Stellar Pharmaceuticals Inc. in connection with a cross-border private placement of units consisting of 1 million common shares and three series of "step-up" warrants to purchase up to an additional 3 million common shares. We also prepared a registration statement under the Securities Act of 1933 covering the resale of all common shares covered by the units.
2011
Investment Advisor - Compliance Advice
Provided compliance advice to an investment advisor--with more than $4 billion in assets under management--in connection with record keeping obligations and best practices for its investment decision making process. We also advised the firm on creating an email policy for communications among its investment team.
2011
Israel Discount Bank--Syndicated Credit Facility
Representation of Israel Discount Bank of New York as administrative agent and lender, in connection with a senior secured syndicated credit facility to a triple A minor league baseball team.
2011
New York Yankees—Network Video Distribution
Representation of the New York Yankees in connection with a video distribution agreement between Major League Baseball Advanced Media and the YES Network, the primary broadcaster of New York Yankees games.
2011
Professional Sport Franchise—Reallocation of Corporate Responsibilities
Represented professional sports franchise in connection with reallocation of corporate responsibilities following the formation of new subsidiaries created to achieve certain payroll, insurance and other administrative efficiencies.
2011
Hedge Fund—Restructuring
Representation of a hedge fund in connection with the restructuring of its debt and equity investments in a manufacturer of intimate apparel and sleepwear.
2011
Hedge Fund—Biofuels Manufacturer
Representation of a hedge fund in connection with its debt and equity investments in a biofuels manufacturer based in Latin America.
2012
Sherwood Equities - High Line Acquisitions and Developments
Represented Sherwood Equities in connection with the acquisition of development sites at 508 West 20th Street and 360 Tenth Avenue, near the High Line Park. We also assisted Sherwood with the acquisition and sale of a significant amount of development rights; and the financing and development of the sites.
2011
Solis Renewables LLC
Represent a venture in the formation of a solar farming projects in New Jersey and negotiation of a sale to a leading global solar and renewable energy company.
2011
Representation of Title Insurance Company
Represent a title insurance company in obtaining a New York State Insurance Department General Counsel's Opinion regarding permitted joint venture activities.
2011
Real Estate Investor - Note Acquisition
Representation of a real estate investor in connection with the acquisition of encumbering a distressed note purchase encumbering a parking facility in Nashville, Tennessee.
2011
Real Estate Investor - Note Acquisition
Representation of a real estate investor in connection with the acquisition of encumbering a distressed note purchase encumbering a parking facility in Nashville, Tennessee.
2011
Malkin Holdings - Empire State Building Mortgage Financing
We represented Malkin Holdings, ownership supervisor of the Empire State Building, in connection with a significant mortgage financing for the building. 
2011
Investment Adviser - Successful Conclusion to Internal Investigation
Conducted an internal investigation for a nationally recognized investment adviser to a series of hedge funds following a whistleblower's complaint concerning SEC compliance and operational issues. Upon submission of a report of our investigation, which determined that the whistleblower's allegations had no merit, the SEC never brought charges.
2011
Medical Device Company Executive - Grand Jury and Regulatory Investigations
Representation of a medical device company's former Vice President of Sales in parallel federal grand jury and Health and Human Services Department investigations of alleged pay-offs to doctors.
2011
Brokerage Firm President - SEC Action
Representation of the former president and owner of a brokerage firm in post-trial proceedings following an SEC lawsuit involving the alleged employment of a barred person.
2011
Real Estate Owner - New York City Board of Standards and Appeals Case
Representation of a Brooklyn real estate owner before the New York City Board of Standards and Appeals in connection with a successful effort to prevent adverse parties from obtaining building permits.   
Ongoing
IKAN - Corporate and Employment
Counsel to IKAN, developer of a revolutionary home grocery scanning device, in its corporate and employment needs.
2011
Boutique Financial Services Firm - Proposed Sale
Representation of a boutique financial services/investment advisory company in its proposed acquisition by a NASDAQ-listed financial services firm.
2011
Brokerage Firm - Customer Litigation
Representation of a leading independent broker in connection with a customer default on over-the-counter credit derivative swap transactions.
Ongoing
Session.edu - General Counsel
Representation of Sessions.edu—an online school for web and graphic design and digital and multimedia arts—in several corporate and transactional matters including the financing of a new school, contract work and trademark representation and applications.
2011
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.
2011
United Airlines - Important Precedent for Claims Purchasers
Representation of a claims purchaser in Seventh Circuit Court of Appeals decision that established that a buyer of a pre-petition claim is also entitled to assert the seller's cure claim.
2011
KEOConnect LLC
Represent a new venture providing a kiosk platform providing video advertisement with consumer services including charging cell phone and other devices with its strategic venture contract with the leading global airport retailer.
Ongoing
Optima Capital - Equity & Debt Documentation
Representation of Optima Capital in developing a set of equity and debt investment form documents, including engagement letters and NCNDA forms, for use with transaction investors and targets. Optima is currently reviewing two debt financings and three equity financings for execution in the first half of 2011. Herrick will represent Optima in these and all of its venture financings going forward.
2011
Global Manufacturer - Trade Secret and Unfair Business Practice Litigation
Successful representation of a global manufacturer in litigation to enforce restrictive covenants against former high-ranking employees.
Ongoing
Large Asset Manager - Discrimination Case
Representation of a large asset manager in a national origin case based on disability and religion.
Israeli Bank - Lender Liability
Representation of Israeli bank in defense of lender liability claims.  
2011
Unilever - Laundry Detergent Business Acquisition
Representation of Unilever in its $215 million acquisition of Colgate-Palmolive Company's Colombian laundry detergent business.
2011
Futures Commission Merchant - Bankruptcy Trustee Claims
Defended two FCMs against fraudulent transfer claims asserted by a Bankruptcy Trustee to recover funds deposited into trading accounts of the debtor, which ran a Ponzi scheme.
2011
Major Private Bank - Refinancing
Representation of a major U.S. private bank in connection with the refinancing of a $200 million revolving credit facility secured by the equity interests of a prominent real estate family in 9 New York City office buildings.
2011
Plainfield Asset Management - Wake Music Catalog
Representation of Plainfield in selling the Wake Music Catalog—a catalog of approximately 4,000 songs, including hits by Jennifer Lopez and other internationally renowned recording artists.
2011
Plainfield Gaming Inc. - Military Parts LLC
Representation of Plainfield Gaming Inc. in funding an additional capital contribution to Military Parts Exchange LLC. Provisions of the company's operating agreement relating to the composition and voting of the Board of Directors were also amended to reflect each member's membership interest in the company.
2011
Three Ocean Partners LLC - Formation
Representation of Three Ocean Partners—a new merchant bank—in its formation and organization.
2011
Affiliate of National Football League Franchise - Special Counsel
Served as special counsel to affiliate of National Football League franchise in connection with refinancing of its practice facility.
2011
Maharam Fabric Corporation and Paul Smith v. Valley Forge Fabrics - Copyright Infringement
Represented Maharam Fabric Corp. and two corporate affiliates of UK designer Paul Smith in a copyright infringement action against a major textiles manufacturer for having knowingly copied a proprietary fabric design called "Modulating Stripes" owned by Paul Smith that was exclusively developed for, and licensed globally to, Maharam.  Soon after an answer was filed, we negotiated a favorable settlement, which included defendant's destruction of remaining inventory and an agreement to never again copy any original Maharam or Paul Smith designs. 
2011
Stalking Horse Bidder - Acquisition of Photos from Polaroid Fine Art Collection
Representation of a successful stalking horse bidder in connection with the acquisition, from the bankruptcy estate of the Polaroid Corporation, of an extensive collection of more than 10,000 photographs from the Polaroid Fine Art Collection. Many of the photos are of museum quality and were taken by renowned photographers.
2011
Futures Commission Merchant - NFA Investigation
Defense of an FCM in an NFA investigation of a customer, which ran a Ponzi scheme, including compliance with Anti-Money Laundering regulations and internal policies.
2011
Futures Commission Merchant - NYMEX Arbitration
Obtained a complete defense award in favor of an executing FCM in a NYMEX arbitration which involved allegations that a guaranteed floor broker violated exchange rules resulting in substantial trading losses and other consequential damages.
2011
Plainfield Asset Management - Restructuring
Representation of Plainfield in restructuring Bellator Sport Worldwide, LLC—a mixed martial arts promotional company—of which Plainfield was majority owner. As part of the restructuring, Plainfield sold a portion of their equity in Bellator to a new private equity investor and converted its outstanding loans to Bellator into new equity. A major television network purchased a 50% interest in Bellator and agreed to broadcast Bellator’s sporting events on one of the network’s cable channels.
2011
Private Bank - Art Loan Facility
Representation of the private wealth management group of one of the nation's largest financial institutions in an asset based loan facility with an art gallery secured by several pieces of artwork collateral. The transaction involved an agreement among other lenders with respect to non-shared artwork collateral.
2011
Specialty Finance Company - Art Warehouse Loan
Representation of a specialty finance company in a $10 million warehouse loan facility to an art financing lender to fund the purchase of existing loans and the origination of new loans supported by fine and decorative art, antiques and collectibles. 
2011
Unilever - Branded Frozen Savory Products Sale
Representation of Unilever United States, Inc. in connection with the sale of its branded frozen savory products business conducted in the United States foodservice channel to Kerry, Inc., a unit of Kerry Group PLC, together with a license of the "Knorr" trademark to be used by Kerry, Inc. in the business.
2011
Brokerage Firm - Defamation Litigation
Representation of a leading independent broker-dealer against claims of defamation and tortious interference asserted by a competitor firm.
2011
World-Class Asset Integrity Management - Employment Litigation
Representation of a company in the award of an injunction restraining competitor and key employees from raiding workforce, misappropriating confidential information and solicitation of customers.
2011
Fitness Center - Discrimination Claim
Representation of a former manager of a fitness center in a racial discrimination action.
2011
Worldwide Leader of Intent - Based Solutions
Representation of company in employment litigation including defending an action commenced by a former employee alleging religious discrimination, and all aspects of employment matters including severance, contracts, and exit incentive plans.
2011
Gotham Organization - Mixed-Use Development
Representation of Gotham Organization, a premier New York developer and construction company, in various government relations matters.
2011
International Insurance Company - Breach of Contract
Representation of major international insurance company in breach of contract dispute.
2011
SEC Matter - Insider Trading
Representation of a defendant charged with insider trading by the Securities Exchange Commission.
2008-2011
Federal Investigation - Witness Representation
Representation of a witness in multiple federal investigations involving payments to politicians. Obtained immunity from prosecution for client.
2011
Finance Company - Ponzi Scheme Foreclosure
Representation of a finance company in its foreclosure of a commercial property placed in receivership due to the collapse of an alleged Ponzi scheme by the ownership entity.
2011
Bridge Lender - Real Estate Debtor Bankruptcy
Represented the bridge lender in a single asset real estate debtor case in which Herrick successfully won default rate interest of 24% during the pendency of the debtor's chapter 11 case, where the non-default interest was 12% and the only default asserted was the filing of the debtor's bankruptcy case.  Herrick also successfully defeated the debtor's reorganization plan that contemplated a cramdown of the client's mortgage debt, ultimately leading to a consensual chapter 11 plan in which the luxury high-rise condominium in Williamsburg securing the mortgage was transferred to our client. 
2011
State Pension Fund - General Growth Partners Bankruptcy
Represented state pension fund in General Growth Partners bankruptcy case in which Herrick successfully argued for additional default interest of over $11 million on client's secured debt where the sole default under the loan documents was the filing of the GGP chapter 11 cases, and the GGP debtors had proposed joint chapter 11 plans that cured and reinstated all secured debt at the non-default rate. 
Successful Breach of Contract Litigation
Won a $25 million jury verdict for plaintiff in breach of contract litigation.
Co-Owner - Acquisition
Representation of a co-owner in the first acquisition by a North American ownership group of an Italian Serie A Soccer Club.
2010
Securities Brokers - State Insurance Department Investigation
Representation of more than 275 securities brokers of a number of national retail brokerage firms in proceedings before the NY State insurance department on issues concerning annuity exchanges. We were successful in convincing the department to drop approximately 90% of the cases with no formal action and received favorable settlements in the case of the other 10% of the advisor.
Ongoing
Real Estate Developer - Manhattan Zoning
Representation of a major developer in zoning and land use issues at multiple Manhattan sites.
1999 - Present
Metropolitan National Bank - Formation and General Outside Counsel
Herrick formed—and continues to serve as outside general counsel to—Metropolitan National Bank. Please click here for an in-depth description of our work for the bank.
2010
Anglo Irish Bank - 225 Rector Street
We helped Anglo Irish Bank Corporation in a complex foreclosure against a developer who became emblematic of the dramatic fall of some high-profile dealmakers during the New York City housing bust. 
2010
Bermudian Reinsurer - Creative International Indemnity Plan
Representation of a major Bermudian reinsurer in forming a limited medical benefit indemnity plan for members of an association which included reimbursement for in-patient hospital procedures, surgical benefits, doctor visits, emergency treatment, and accidental death and dismemberment benefits. We helped the reinsurer choose the most appropriate structure to reinsure the plan, drafted the necessary policy and treaty documentation, and analyzed pertinent regulatory issues.
2010
Lehman Brothers - Receivables Financing
Representation of Lehman Commercial Paper, as agent, in an amended and restated $140 million multiple draw term loan receivables funding facility for a special purpose vehicle of a leading U.S. publishing company and successful payout and termination. 
2010
Private Equity Fund - Clean Technology
Representation of principals in a $250 million Cayman Islands-based fund investing in SE Asian clean technology projects through a Netherlands-based investment vehicle to achieve optimum tax efficiency.  Investments will be conducted in concert with local governments and the World Bank.  Investors will be domiciled in Europe, Asia and the United States.
2010
LED Display Manufacturer - Employment Issues
Representation of an LED display manufacturing company in employment issues, restrictive covenant enforceability, and contract disputes.
2010
Syndicated Credit Facility - Major U.S. Commercial Bank
Representation of a major U.S. commercial bank as lender in a $200 million bank syndicated club credit facility to one of the major professional sports leagues, the proceeds of which are for working capital and other general corporate purposes.
2010
Commercial Bank - Cross-Border Transaction
Representation of a major commercial bank in a $13 million term loan and advised line facility with advances supported by guaranties of foreign affiliates and foreign receivables generated by Asian subsidiaries.
2010
Representation of Registered Investment Adviser
Represent a registered investment adviser in connection with its investment adviser agreement with a state pension fund.
2010
Representation of Private Art Collector
Represent a private art collector in one of the largest transfers of Mesoamerican art to a museum, including the transfer and assumption of ongoing operations of the foundation dedicated to the study and advancement of Mesoamerican art.
2010
Private Wealth Management Group - Art Lending
Representation of the private wealth management group of one of the nation's largest financial institutions as one of the lenders in a $600 million syndicated revolving loan facility to a high net worth individual. The loan was secured by the borrower's extensive art collection and real estate holdings. 
Ongoing
Real Estate Owners, Operators and Developers - Acquisition and Sale of Properties
Representation of real estate owners, operators and developers in the acquisition and sale of office buildings, shopping centers, multifamily properties, office and industrial parks and development properties.
2010
Syndicated Credit Facility - Major U.S Commercial Bank
Representation of a major U.S. commercial bank as a lender in a senior secured credit facility to the parent company of a NHL franchise. The credit facility consisted of a $55 million revolver and $30 million delayed draw term loan, the proceeds of which were used to acquire the remaining ownership interest in the NHL franchise and for working capital purposes. 
2010
Planet Hollywood - New Restaurant Leases
Representation of Planet Hollywood International, Inc. in connection with the negotiation of leases for new restaurants in New York, Los Angeles and Boca Raton.
2010
Sabet Group - Condo Development Purchase
Representation of Sabet Group in the acquisition of numerous New York City apartment buildings, including the $8.5 million purchase of the stalled Hudson Blue condominium development in New York City's West Village.
2010
Rock Spring Partners - Formation of Life Sciences Fund
Representation of Rock Spring Partners in the formation of their second life sciences fund, Rock Spring Ventures, LP (RSV). RSV is a venture capital fund that invests in early-stage, high-growth life science companies in the United States and United Kingdom. RSV's initial investors include several of Japan and Korea's leading corporations and financial institutions. These investors help provide an important bridge to key markets in East Asia.
2010
Aristone Realty Capital  - Syndication Investment
Representation of Aristone Realty Capital in connection with a syndicated investment in debt secured by a distressed condominium development in New York City, and further financing to complete the project.  
Ongoing
Land Owner - NYC Boutique Hotel Development
Representation of a land owner in connection with the development of a boutique hotel in New York City's meatpacking district.  Our work includes the negotiation of financing, joint ventures, air rights transfers, hotel franchise and management agreements, and construction contracts for the planned 130,000 square foot hotel.
2010
FIT Investment Corporation - Manhattan Office Building Acquisition and Hotel Development
Representation of FIT Investment Corporation in connection with the zoning analysis and acquisition of 45 East 33rd Street in New York City. We are also advising FIT on its redevelopment of the building into a 93,000 square-foot hotel.
2010
The Hewitt School - Bond Financing
Representation of The Hewitt School in connection with the replacement of a letter of credit provided to the school as credit enhancement to bonds issued by the New York City Industrial Development Agency.
2010
Garrison Special Opportunities Fund - Loan Acquisition
Representation of Garrison Special Opportunities Fund LP in the acquisition from a large investment bank of senior mezzanine and first mortgage loans encumbering a property on Manhattan's Upper West Side. Our work included negotiating financing for the loans with a European bank, and handling the restructure of a junior mezzanine loan, a senior mezzanine loan and a mortgage loan with the owner.
2010
Electrical Services Firm - Stock Acquisition
Representation of the owners of a full-service electrical and telecommunications services firm in acquiring the outstanding stock of a national leader in solar shading solutions and daylight management systems.
2010
Financial Institution - Syndicated Loan Facility
Representation of a major financial institution as administrative agent and lender in providing a $51 million senior secured credit facility—consisting of a term loan facility and a revolving facility with a sublimit for letters of credit—to IntegraMed America, Inc. (a Delaware corporation that provides services and products to medical practices specializing in infertility and vein disorders). We negotiated limited security agreements with a large number of medical practices to use certain accounts receivable payable to the practices to secure the loan.
2010
International Investment Bank - Broker Dealer Formation
Representation of an international private investment bank regarding tax structuring, regulatory compliance and risk mitigation issues for their outsourcing and employee sharing arrangements related to registering a U.S. broker dealer subsidiary.
2010
International Professional Services Firm - Regional Office Lease
Representation of a leading international professional services firm in connection with the lease of an important regional operating office located in Connecticut.
2010
Witter Partners, LLC - Template Marketing Agreement
Representation of Witter Partners (http://www.witterpartners.com) -- a newly established asset management marketing firm—negotiate a template marketing agreement for use with its money manager clients, as well as an agreement with a designated broker-dealer.
2010
Tradenet Investments - Equity Investment
Representation of Tradenet Investments, Ltd., a venture capital investment firm whose principals are based in Singapore, in its equity investment in Georande, Ltd., a Cyprus holding company that invests in agricultural land in the Ukraine. The transaction involves linking the equity investment to an existing non-recourse loan made by a third company, MCB Finance, to Georande.
2010
Emmes Asset Management - Land Use and Zoning Matters
Representation of Emmes Asset Management, a leading real estate investment company and advisor, in connection with various land use and zoning matters for properties in the New York City area.
2010
Atlantic Yards Building Owners - Condemnation Compensation
Representation of a number of  former property owners in the Atlantic Yards section of Brooklyn, NY in connection with compensation issues stemming from the  Forest City/Ratner development.
2010
Brooklyn Building Owners - Loft Law Amendment
Representation of several loft owners in Bushwick, Brooklyn in connection with the passage of legislation amending New York City's loft law.
2010
Unilever - Sale Transaction
Representation of Unilever in the sale of its Shedd’s Country Crock chilled side-dish line to Hormel Foods Corp. Ownership of the Shedd’s Country Crock trademark will remain with Unilever, but Hormel will market and sell Country Crock products under a licensing agreement. The Shedd’s Country Crock chilled side-dish line generated about $50 million in revenue for Unilever in 2009.
2010
WNET - World Wide Plaza Lease
Representation of public television network WNET on a 15-year, 95,000 square-foot headquarters lease at World Wide Plaza in Midtown Manhattan. 
2010
Data-Com Telecommunications, Inc. - Sale
Representation of Data-Com Telecommunications, Inc. in selling its business to XETA Technologies, Inc.—a public company trading on NASDAQ.
2010
Title Insurance Company - Class Action Defense
Representation of a title insurance company in a class action alleging overcharges on premiums for policies sold to consumers in New Jersey.  We settled—on terms favorable to our client—early enough in negotiations to minimize our client's legal fees.  
2010
Documentary Film - Copyright Infringement
Representation of the producers and director of a documentary film in an action for copyright infringement tied to the use of certain pre and post 1972 sound recordings as background music under public television compulsory license provisions of the Copyright Act. We negotiated an early settlement that was satisfactory to our clients with no economic impact.   
2010
Hedge Fund - Management Agreements
Representation of a hedge fund in reviewing long-term management agreements and transitioning control structures to ascertain our client's rights to terminate the business and wind down the funds under management.
2010
Solar Rainbow LLC - Distribution
Representation of Solar Rainbow LLC in connection with its becoming the exclusive U.S. distributor for China-based Shenzhen Retop's high quality LED products, including T8 LED Tubes, T8 LED Tubelights, T5 replacement tubes and other long life energy efficient light sources employing LED technology.
2010
Vintus LLC - Distribution Agreement/Asset Acquisition
Representation of Vintus LLC (www.vintuswines.com), a New York headquartered importer and marketing company representing fine wines and wineries, in a long-term exclusive U.S. sales, marketing and distributorship agreement with E. Guigal, S.A.  In a related transaction, we represented Vintus in the asset acquisition of Ex Cellar Wine Agencies, Inc., the former Guigal importer and distributor of other fine wines in the U.S. 
2010
Wolf Asset Management International - Customized Funds
Representation of Wolf Asset Management in completing a customized fund of funds managed account  platform to keep a fund of funds structure/administration in place while offering each institutional investor a customized individually tailored portfolio. We accomplished this through a Cayman Islands segregated portfolio company with a master feeder fund structure, allowing separate portfolios for each investor to be aggregated into one pool at the master level and invested into underlying funds.
2010
New York Yankee Affiliate - Joint Venture
Representation of a New York Yankees' affiliate in connection with the creation of a joint venture that would seek to build upon the value associated with the marks and other intellectual property rights of the New York Yankees by seeking licensing arrangements for the branding of products within certain designated consumer product categories.
2010
Private Equity Client - Executive Retention Program
Representation of a private equity client in developing an executive retention program for one of its portfolio companies that was designed to create incentives for executives to remain with the portfolio company while the company was pursuing options for reorganizing the company, including a possible sale of the company.
2010
Plainfield Asset Management/Sciens Capital Management - Joint Investment
Representation of Plainfield Asset Management and Sciens Capital in closing a joint investment in one of their portfolio companies, HelioSphera Holdings S.A.—a Greek company. HelisoSphera is Europe's first reliable producer of high-efficiency solar micromorph thin-film photovoltaic panels.
2010
ACA Investments - Investment Vehicle
We helped ACA Investments—a Singapore affiliate of our client, ACA Inc.—form an investment vehicle in the Cayman Islands as part of a tender offer play for a controlling interest in a Japanese company. We established the vehicle as a Cayman Islands exempted limited partnership.
2010
Hedge Fund Manager - Domestic Fund
Representation of a New York-based commodity hedge fund manager to update and revise its domestic hedge fund documentation to reflect changes to their structure and improve the marketability of their fund. The fund trades mostly commodity futures and options and is registered as a commodity pool operator with the CFTC.
2010
Dubilier & Company - Capital Raise
Representation of Dubilier & Company in its acquisition of Bluegrass Dairy & Food, LLC and in its capital raise to fund the acquisition, which was financed through a preferred stock financing, a senior subordinated credit facility, and a senior revolving and term loan credit facility.
2010
Hornbeck Offshore Services - Lease Agreement
Representation of Hornbeck Offshore Services in the negotiation and preparation of the lease agreement for the client's principal place of business in the New York Metropolitan Area, with waterway access to New York harbor.
2010
National Bank - Sale
Representation of a national bank in its sale to a private equity investment group.
2010
Sports Company - Memorabilia
Representation of company jointly owned by the New York Giants and New York Jets in connection with the entry into a memorabilia sales agreement with Steiner Sports. Under the agreement, Steiner Sports was granted the right to effect sales of stadium seats, signage, field goal netting and other Giants Stadium memorabilia.
2010
New World Acquisitions - Settlement Agreement
Representation of New World Acquisitions in the negotiation and documentation of the terms on which they and their venture partner would enter into a reciprocal support and plan settlement agreement with other third parties in the bankruptcy of Fremont General Corporation.
2010
New York Yankees - Yankee Stadium College Football Game
Representation of the New York Yankees in connection with the hosting of the first college football game at the new Yankee Stadium, in which the Notre Dame Fighting Irish took on the Army Black Knights on November 10, 2010. Our representation consisted of negotiating and drafting a comprehensive site agreement that addressed a number of complex issues, such as sponsorship rights and the distribution of revenues.
2010
New York Yankees - Army Football Games
Representation of the New York Yankees in connection with a proposed series of college football games in which the Army Black Knights will host games in 2011, 2012, 2014 and 2015 at the new Yankee Stadium.
2010
New York Yankees - Sponsorship Agreements
Representation of the New York Yankees in preparing sponsorship agreements for the 2009 season and beyond for the new Yankee Stadium. The agreements govern the advertising, promotion and product placement rights of the Yankees' new and existing sponsors.
2010
New York Yankees - Yankee Stadium Seating
Representation of the Yankees in the preparation and development of its sales commission plan and policies applicable to its account executives for premium and regular seating at the new Yankees Stadium.
2010
Okinawa Management Pte. Ltd - Financing
Representation of Okinawa Management—a Singapore entity—in arranging a $4.1 million financing for another Singapore entity, Asia Resource Partners, which is under contract with the U.S. military to deliver fuel to U.S. bases in Japan. The financing—which consisted of Okinawa purchasing secured demand promissory notes issued by Asia—provided Asia with the liquidity it needed to meet their obligations.
2010
Loan Servicer - Relief from Automatic Stay
Representation of a lender in its successful motion for stay relief nineteen days after the debtor filed its Chapter 11 case in a New Jersey bankruptcy court. We then helped fend off  the debtor's motion to vacate order, granting  the lender stay relief.
2010
Queens Rezoning Project
Representation of a site owner in connection with an application to up-zone a block containing a development site on Queens Boulevard. The approved rezoning permits the construction of a 12-story residential building and is a significant increase in density from what can currently be constructed on the site.
2010
Height Authorization for Senior Housing Building
Representation of The Arker Companies in connection with an application to construct an 11-story, 185-unit elderly housing complex in the Co-op City section of the Bronx.
Ongoing
Top Rank Boxing - Broadcast Contract Structure
Representation of Top Rank Boxing in connection with contracts for pay-per-view television revenue and international rights licensing. Herrick attorneys pioneered the contract structure that we continue to apply to practically every major championship boxing program for worldwide telecasts. Concert promoters and venues also turn to us for our help applying the same structure to concerts and other performances.
2010
Broadway Gate - Merger
Representation of Broadway Gate Capital, a hedge fund manager with over $300 million of assets under management, in merging its advisory business with Pennant Capital Management, a hedge fund manager overseeing over $3 billion in assets. The transaction required consent from the investors of U.S. and Cayman based hedge funds and included the issuance of equity stakes in Pennant to the principals of Broadway Gate.
2010
Semiconductor Company - Capital Raise
Representation of a start-up semiconductor company in its private placement of up to $5 million of Class A common stock.
2010
Hedge Fund - Reverse Merger into Public Shell
Representation of domestic and Cayman Island-based hedge funds in their planned acquisition through reverse merger by an OTCBB-listed shell company.
2010
Private Equity Fund Manager - Litigation Funding Investment Program
Representation of a manager in setting up a multi-series private equity fund to engage in a litigation funding investment program. The fund's strategy is to advance funds to plaintiffs prior to the plaintiffs' obtaining proceeds from a settlement, judgment or verdict of their lawsuit or other claim, in exchange for the fund's right to receive an amount out of the proceeds of any realized settlement, judgment or verdict resulting from that lawsuit or other claim. The fund's multi-series structure permits the continuous offering of fund interests in a private equity structure.
2010
Major Financial Institution - Secured Term Loan
Representation of a major financial institution in connection with a term loan to a New York art gallery. The loan was secured by all the gallery's assets, as well as artworks from the gallery owner's personal collection.
2010
Major U.S. Bank - Letter of Credit
Representation of a major U.S. bank in a workout negotiation with a not-for-profit assisted living facility, involving a $20 million letter of credit issued by the bank as a credit enhancement for a tax exempt bond issue.
2010
Major Financial Institution - Distressed Loan
Representation of a major financial institution in connection with a distressed loan on a shopping center in Deptford, New Jersey.
2010
Major Financial Institution - Asset-Based Facility
Representation of a major financial institution in restructuring several loan and intercreditor agreements involving a fashion company as borrower and two major banks as lenders.
2010
Major Bank - Private Banking Transaction
Representation of a major bank in a private banking transaction in which the bank made two $25 million loans to an individual and certain entities he controls. The first was secured by a pledge of membership interest in three entities that own properties in Brooklyn. The second was secured by mortgages on certain real property
2010
SFF Investments - Joint Venture
Representation of SFF Investments LLC, which is wholly owned by a current All-Pro NFL player, in a joint venture to create a Rolling Stone magazine-branded restaurant/bar/lounge in Hollywood, CA.
2010
Condominium Developer - Appeal Victory
Representation of a condominium developer in overcoming an appeal in a case involving their ownership of an historic Ethiopian synagogue in Harlem. Our client purchased the property in reliance on two court orders approving the sale. A faction of the congregation challenged it, however, claiming that the sellers had neither the permission nor the authority to sell the synagogue. After litigation in both federal and state courts, a trial court granted summary judgment to the developer, finding they were a bona fide purchaser for value and the record owner. The congregation appealed, but the First Department unanimously affirmed the trial court’s decision.
2010
Bank Leumi - Mortgage Financing
Represented Bank Leumi in its $210 million mortgage financing to a joint venture between Israel-based IDB Holding Corp. and Midtown Holdings, for the purchase of the HSBC Tower located at 452 Fifth Avenue.  Completed in April 2010, the financing was part of a $350 million sale-leaseback transaction with HSBC Bank USA.  This transaction was notable, in that it was the first major non-distressed office building sale in Manhattan in more than two years.
2010
Stewart Title Guaranty Co. - New Jersey Supreme Court Victory
Representation of Stewart Title Guaranty Co. in its New Jersey Supreme Court victory limiting the scope of a title insurance company's liability for attorney misconduct. The homebuyers' attorney stole their escrow funds in conjunction with a real estate transaction.  The New Jersey Lawyers Fund For Client Protection paid the victims for the attorney's theft, and then sued Stewart Title for reimbursement, in keeping with NJLF's long-held belief that a title insurer's liability should blanket all aspects of the closing process. The attorney here, however, had stolen the money before he contacted Stewart Title's agent to request a title insurance commitment and policy on behalf of the homebuyers. The trial court dismissed NJLF's lawsuit, but the Appellate Division reversed, ruling that in order for Stewart Title to avoid liability, it would have had to provide the homebuyers with direct notice informing them that their title insurance policy did not cover attorney theft.  The Supreme Court unanimously reversed, ruling that the lack of notice was irrelevant, since the attorney was not acting as an agent of the title company at the time that he committed his crime.
2010
Private Equity Firm - Restructuring of Defaulted Loans
Representation of a private equity firm in the acquisition and restructuring of a mezzanine loan and a mortgage loan on a partially completed condominium project in Midtown Manhattan.
2010
REIT - Office Building Settlement
Representation of a major, publicly-owned REIT in obtaining a favorable settlement in a multi-million dollar litigation related to cleaning and maintenance services at four large office buildings in New York City. 
2010
Online Retailer - Grand Jury Subpoena
Representation of an online retailer in response to a grand jury subpoena from the Manhattan DA's Office.
2010
Represent Individual in Defending Himself from a "Place Coup"
Represent the founder of a New York based technology company in defending himself from a "place coup" including his termination of him for "cause" in negotiating an amicable separation including severance and purchase of a portion of his equity investment and the representation of this executive in his new venture including structuring the new venture to comply with his covenant to not compete and his obligations to maintain in confidence the proprietary and confidential information of his former firm.
2010
Republic of Kazakhstan - Ownership of Rights to Explore and Develop
Member of legal team representing entity from Republic of Kazakhstan sued by American citizen and New Zealand citizen regarding ownership of rights to explore and develop certain oil and gas fields in Kazakhstan. Among other issues, case involved issues of personal jurisdiction, doctrine of forum non conveniens, and enforcement of arbitration agreements. (Prior Firm Experience)
2010
Futures Commission Merchant - Internal Investigation
Conducted an internal investigation of a foreign exchange desk in Asia and advised on suspicious activity reporting requirements.
2010
Brokerage Firm - Restrictive Covenant Claims
Represented brokerage firm in enforcing common law and contractual obligations against a former employee who removed confidential and proprietary information from the firm.
2010
Premier Global Financial Service Firm - FINRA
Defense of a premier global financial firm in a FINRA action involving claims brought by an investor for losses to retirement account resulting from alleged flawed asset allocation.
2010
Gama Partners - Domestic Hedge Fund
Representation of Gama Partners, a startup hedge fund manager, in launching its new domestic hedge fund. Gama used a long/short global equity investment strategy with limited leverage.
2010
Automotive Electronics Distributor -Workout
Representation of an automotive electronics distributor in the successful negotiation of a forbearance agreement with its secured lender. 
2010
New York Yankees/Top Rank - Stadium Slugfest
Representation of both Top Rank and the New York Yankees in connection with the Stadium Slugfest event at Yankee stadium. The event featured the Super Welterweight Championship bout between Yuri Foreman and Miguel Cotto. This was the first boxing event at the new Yankee Stadium, which generated a great deal of media coverage and was offered as part of HBO's regular subscription service rather than pay-per-view. We represented Top Rank and the Yankees with respect to the site agreement, and also produced all agreements with the fighters, HBO, the international TV broadcasters and sponsors.
2010
Professional Sports League Team Owner - Dispute
Representation of the majority owner of a major professional sports league team in a dispute before the league's commissioner in which the club's minority owners were seeking to (i) remove our client as chairman of the club and (ii) punitively dilute him through a capital call that he could not satisfy because of liquidity problems. In multiple hearings before the commissioner, we prevailed in convincing the commissioner that the ownership group's operating agreement prohibited the minority owners from either removing the chairman or punitively diluting him.
2010
Stillwater Capital Partners - Acquisition of Assets by Public Shell
Representation of Stillwater Capital Partners, Inc. in the sale of all the assets, liabilities and investment portfolios of various private investment funds to Gerova Financial Group, Ltd. (formerly Asia Special Situation Acquisition Corp), a publicly-held special purpose acquisition company (SPAC) organized in the Cayman Islands. In exchange for the acquired assets, Stillwater fund investors received preferred shares of Gerova convertible into registered ordinary shares.
Ongoing
Playlist Music Service - Content Licensing
Negotiate record company licenses for playlist music service.
2010
Yankee Stadium - New Era Pinstripe Bowl
Representation of an affiliate of the New York Yankees in connection with a new college football bowl game, the New Era Pinstripe Bowl, to be played at Yankee Stadium. The first New Era Pinstripe bowl will feature teams from the Big 12 and the Big East and will be televised by ESPN. We negotiated the telecast agreement, the title sponsorship agreement and the agreements with the Big 12 and Big East Conferences.
2010
New York Yankees - Tax Efficient Program
Representation of the New York Yankees in connection with the development of the new Yankee Stadium in helping structure a tax efficient program for premium seating, including luxury suites, involving the negotiation and preparation of license, ticket and food and beverage agreements. This included consideration of complex tax matters. The agreements were typically multi-year, involved substantial financial commitments and required further negotiation on select issues. 
2010
S. Rothschild & Co. - License Agreement
Representation of S. Rothschild & Co. in the negotiation of a three-year, renewable and exclusive trademark license agreement for the VIA SPIGA brand for use on women's and girl's leather, fabric and fur trim outerwear. S. Rothschild will be manufacture, market and sell the product in major retailers throughout the U.S., Canada and Mexico.
2010
Top Rank - Manny Pacquiao vs. Joshua Clottey
Representation of Top Rank, Inc. in producing principal agreements for the WBO World Welterweight Championship boxing match between Manny Pacquiao vs. Joshua Clottey at the new Cowboys Stadium in Arlington, Texas, and distributed by HBO Pay-Per-View. This first boxing event held at the new stadium drew a record crowd. We handled all agreements with the fighters, the site, HBO PPV, TV broadcasters around the world and sponsors.
2010
Manufacturing Company Executive - Grand Jury Investigation
Representation of a manufacturing company executive who was the target of a federal grand jury investigation into alleged violations of the Arms Export Control Act. Convinced the government not to charge the client.
2010
Insider Trading - SEC Action
Representation of a Canadian investor in an SEC insider trading lawsuit.
2010
Real Estate Company - Grand Jury Investigation
Representation of a prominent real estate development company in a federal grand jury investigation of political campaign contributions.
2010
Major Financial Institution - Credit Loan Facility
Representation of a major financial institution in a $7.5 million secured uncommitted line of credit loan facility to a leading manufacturer of baby products produced around the world. The facility was secured by a pledge of all assets of the company, including sizeable inventories located in-transit and in the company's leased warehouses. The transaction also included an intercreditor arrangement with the company's current factor as well as the transfer of existing letters of credit to the new facility.
2010
Loan Servicer - Hotel Receiver Appointment
Representation of special servicer in procuring appointment of a receiver on behalf of a securitization trust for an operating hotel in the New York metropolitan area.  The receiver received broad powers under the order that Herrick crafted.  The order empowered the receiver to act in the owner's stead in making decisions for the hotel reserved to the owner under the hotel management agreement.  Even rarer, the receiver order empowered the receiver to sell the property prior to completion of the foreclosure under specified parameters.
2010
Distressed Debt Investor - Mezzanine Loan Foreclosure
Representation of a distressed debt investor in foreclosing and conducting UCC secured party sale of portfolio of mezzanine loans securing repo line of credit obligations.  One of the mezzanine loan borrowers sought to enjoin the sale; we defeated the TRO application and conducted the sale successfully over the borrower's objection.
2010
Institutional Lender - Stay Relief and Foreclosure
Representation of an institutional lender in obtaining relief from the automatic stay in bankruptcy over the objection of a borrower claiming a right to purchase the property at a discount to the total debt. After stay relief was granted and a foreclosure sale scheduled, the borrower obtained an injunction against the sale, using cash collateral without consent to obtain a bond. We removed the case to bankruptcy court, obtained forfeiture of the bond and dissolution of the injunction, completed the foreclosure sale, quashed the borrower's effort to depose the federal agency that had sold the loan to our client and obtained dismissal of the injunction action with prejudice.
2009
Commercial Bank - Creative Jewelry Financing
Representation of a major U.S. commercial bank as agent in a $30 million syndicated senior secured asset based loan for an international jeweler and its subsidiaries. The loan was to an affiliated group of U.S. companies involved in the wholesaling of diamonds and other precious stones, and was guaranteed by several foreign affiliates. The loan facility also included a $10 million accordion feature.
2010
International Professional Services Firm - Lease Assignment
Representation of a leading international professional services firm in connection with the lease of a U.S. national shared service center.
2010
Hedge Fund - SEC Investigation
Successful defense of a prominent hedge fund in connection with an SEC investigation of alleged misrepresentations and the alleged failure to disclose material facts to investors.  We prepared a Wells Submission which resulted in decision by the SEC to drop the investigation.
2010
Legends Hospitality - Syndicated Credit Facility
Representation of Legends Hospitality, LLC in connection with its senior secured lending facility. Legends Hospitality offers a broad range of sports business services including a focus on operating catering, concessions, retail merchandising and other facility management enterprises for major sports and entertainment facilities.
2010
MF Global - Corporate Headquarters Lease
Representation of MF Global Inc. in connection with the negotiation of its new 62,000 square foot New York headquarters lease at the Park Avenue Plaza (55 East 52nd Street).
2010
Fashionware - Intellectual Property Matters
Representation of 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.  
2010
Landmark Issues - Former Bank Branch Owner
Representation of the owners of a former bank branch in their attempts to lease the interior landmark space to a major national drugstore chain. Our attorneys and urban planning professionals 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.
2010
International Insurer - FINRA Arbitration
Representation of a major international insurer in a FINRA arbitration brought by a group of customers alleging improper selling- away by an account executive.
2009-2010
Hotel Operator - Attorney General Investigation
Representation of a hotel operator in an investigation conducted by the New York State Attorney General's office. Resulted in no charges against our client.
2010
Music Company Executive - Breach of Contract 
Representation of a music company executive in his successful motion to dismiss a suit alleging breach of employment contract and fraud.
2010
International Insurance Carrier - Indebtedness Recovery
Representation of international insurance carrier in its attempts to recover a two million dollar indebtedness from a former account executive.
2010
Tire and Rubber Company - Series A Preferred Financing
Representation of a company that provides tire and rubber product recycling services in a private placement of $3.5 million of its Series A Preferred Stock.
2010
Secured Lender - Conversion/Dismissal of Chapter 11 Case
Representation of a major financial institution in defeating a debtor's efforts to vitiate absolute assignment of rents and confirm plan via cram down. We demonstrated that case should either be converted or dismissed because of conflicts of interest and breaches of fiduciary duties. (In re Prisco Properties, LLC, 2010 WL 4412095 (Bankr. D.N.J.))
2010
Hironen Co. - Acquisition
Representation of Hironen Co., a Japanese manufacturer of "bridge" segment synthetic and natural fabrics, on acquiring a U.S. agent/distributor.
2010
New York Yankees - License
Representation of the New York Yankees in negotiating an agreement with the Daily News to license the Daily News' historic photo archive of Yankees players and stadium imagery and for the Daily News to be the exclusive provider of historical photos for prominent display in the new stadium.
2010
Small Bone Innovations - Series F Financing
Representation of SBI in its private placement of Series F Preferred Stock in multiple tranches.
2010
Small Bone Innovations - Series E Financing
Representation of SBI in its private placement of Series E Preferred Stock to Olympus Corporation.
2010
Title Insurance Agency - Frivolous Claim Defense
Representation of a title insurance agency in a suit brought by a property seller. We won summary judgment and a dismissal of all claims. The court also ruled that the plaintiff had committed fraud in connection with the transaction, and imposed sanctions against him and his counsel, including attorney's fees, for frivolous litigation. 
2010
New Media Company - Formation & IP Filings 
Representation of a new media company that provides dynamic digital content and advertising through kiosks in high traffic areas, such as the airports, that can also charge electronics and download digital content. We helped the company with its initial round of financing, its formation strategy and IP filings as well as its strategic alliance agreement with one of the largest airport retailers.
2010
Venture Capital Firm - Regulatory Matters & Financing
Representation of a venture capital firm that develops solar farms in New Jersey in its formation. We advised them on regulatory matters, the initial partnership agreement and the initial round of financing as well as with its strategic alliance with a multi-billion dollar company that finances solar projects.
Ongoing
NYSE Euronext, Inc.
Representation of NYSE Euronext in connection with an endorsement deal with PGA Tour golfer Steve Stricker.
2009
Northern Lights Hockey, LLC
Formation of Northern Lights and acquisition of the rights to operate the United States Hockey League Team in Dubuque, Iowa.
2008
Zuffa, LLC (dba Ultimate Fighting Championship)
Representation of UFC in connection with promotional agreements with their fighters.
2010
Emmes Asset Management - Investment Adviser Agreement
Representation of Emmes Asset Management Company LLC, a registered investment adviser, in its investment adviser agreement with a state pension fund allocating several hundred million dollars to investments in real estate opportunities.
2010
Foreign Investor - Bid for English Premier League Football Club
Representation of an investment group led by a prominent foreign investor and nationally-recognized sports industry advisor in connection with a potential bid for an English Premier League football club.
2010
Plainfield Asset Management - Restructuring
Representation of Plainfield Asset Management in connection with a restructuring of its investment in a regional voice and data services company.
2010
Legends Hospitality LLC - Senior Secured Credit Facility
Representation of Legends Hospitality, LLC and Legends Premium Sales, LLC in connection with their senior secured credit facility consisting of a term loan and a revolving credit facility with a letter of credit and swing line subfacilities. Legends Hospitality provides sports and entertainment venues with food, beverage, merchandise and other hospitality services.
2010
Yankee Global Enterprises LLC - Refinancing
Representation of Yankee Global Enterprises LLC in refinancing its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises LLC is a holding company that invests in media and sports related businesses, including the New York Yankees.
2010
Professional Sports Team - Refinancing
Representation of a professional sports team in connection with the refinancing of its senior secured credit facility. The refinanced credit facility consists of a several million dollar term loan and a revolving line of credit component. The refinancing is secured by many different assets owned by the team and other third party approvals.
2010
Amano USA Holdings Inc. - Stock Purchase
Representation of Amano USA Holdings, Inc., a subsidiary of a Japanese public company, in its acquisition of the outstanding capital stock of Accu-Time Systems, Inc.  Accu-Time designs, manufactures, markets and distributes time and data collection terminals for the time and attendance, payroll clock, shop floor and controlled access marketplace.
2009
Small Bone Innovations, Inc. - Credit Facility
Representation of SBI, a leading, privately held orthopedics company focused exclusively on technologies and treatments for the small bones and joints, in a $30 million credit facility with Fortress Credit Corp. to fund accelerated business expansion and refinance existing indebtedness.
2010
Plainfield Direct Inc. - Modification of Revolving Credit Facility
Representation of Plainfield Direct Inc., a Business Development Company, in connection with a pay down and modification of a senior secured revolving credit facility used for investments and general working purposes.
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 worked with the Yankees on their agreement with a technology developer that developed software to essentially run Yankee Stadium. The more information you can move, the more efficient your business, and the Yankees became one of the most efficient businesses in sports.
2009
Top Rank - Manny Pacquiao v. Miguel Cotto
Representation of Top Rank in the Manny Pacquiao v Miguel Cotto Welterweight Championship Bout.
2009
ICAT - Arbitration Stayed
Representation, through local counsel, of ICAT, a provider of catastrophe insurance to businesses, in staying an arbitration sought by a former employee seeking severance and $5 million in damages stemming from his termination. The former employee argued that the timing of his termination caused his equity interest to decrease in value. While disputes under his employment agreement must be arbitrated in Colorado, disputes under ICAT's Operating Agreement must be litigated in New York.
2010
Telecommunications Company - Lanham Act Litigation and Government Investigations
Representation of a large prepaid calling card company in litigation brought by a competitor under the Lanham Act. We also counsel the company in investigations by various states' attorneys general and the Federal Trade Commission.
2010
Russian Mining Operation- Electronic Funds Transfers
Member of legal team representing Norilsk Nickel, Russia’s largest mining operation, in interpleader proceeding involving electronic funds transfers blocked pursuant to OFAC sanctions against former Yugoslavia, and later attached pursuant to private civil process. Case raised question of title to electronic funds transfers, whether the OFAC regulations preempted UCC Article 4-A and constitutionality of UCC Article 4-A. (Prior Firm Experience)
2010
Regional Sports Network - Credit Facility
We represented a regional sports network in connection with its $450 million credit facility.
2009
Sabet Group - Acquisition of Ten Manhattan Properties
We helped Sabet Group simultaneously acquire ten Manhattan apartment buildings known as the Norman Portfolio. During the final stage of the acquisition bid for the portfolio, we learned the other final bidder wanted the development rights appurtenant to three of the properties. We negotiated with the bidder to drop their final bid, in exchange for the sale of the development rights at the same time we acquired the portfolio for Sabet Group. We closed the entire deal approximately one week after Sabet won the bid.
2010
Terse Star Corp.
Representation of Hughes Network Systems LLC in telecommunications reorganization. (S.D.N.Y.)
2009
Major League Baseball Team - Term Loan Facility
Representation of a Major League Baseball franchise as borrower in a syndicated $105 million term loan facility.
2009
Commercial Bank - $75 million Facilities
Representation of a major U.S. commercial bank in its $25 million committed and $50 million uncommitted loan facilities to a leading insurance services provider including numerous amendments and various intercreditor issues with other bilateral lenders.
2009
Apparel Manufacturer - Asset Based Loan Facility
Representation of a leading U.S. apparel manufacturer as borrower in a $75 million asset based loan facility with a commercial finance company.
2009
Factor - Receivables Purchase Agreement
Representation of an Israeli based factor in an international factoring arrangement entered into with an international producer and marketer of fertilizer products. We prepared an assignment of receivables agreement between the factoring client and the exclusive dealer of products in the U.S.
2009
Commercial Bank - First & Second Lien Restructurings
Representation of a major U.S. commercial bank as a lead lender and arranger in the restructuring of multi-billion dollar first and second lien revolving and term loan syndicated credit facilities with a leading international education publisher.
2009
Private Bank - Guaranty Loan Facility Program
Representation of the private bank division of a major U.S. commercial bank in establishing a multi-million dollar guaranty loan facility program for a large private equity firm that guarantees loans made by the bank to the guarantors’ employees.
2009
Commercial Bank - Sale of Loan Facility
Representation of a U.S. commercial bank in a workout of a multi-million dollar first lien revolving loan facility made to a leading maker of Lucite commemoratives. The workout culminated in a successful sale of the loan to the second lien lender.
2009
Commercial Bank - Workout
Representation of a major U.S. commercial bank in the restructuring and workout of an $18 million asset based loan facility to an apparel and accessory distributor and wholesaler.
2010
Digital Entertainment Executive - Employment Agreement
Advise a digital executive on his employment agreement to manage the digital affairs of a major motion picture studio.
2010
Superstar Recording Artist - Video Game License
Represent well-known recording artist in licensing his name and likeness rights for the development of an interactive video game.
2010
Background Music Service - Content Licensing
Advise international background music service provider in negotiating license agreements with the major record companies.
2010
Streaming Music Service - Content Licensing
Negotiate major record company licenses for streaming music service.
2009
Special Servicer - Dismissal of Debtor’s Bankruptcy
Representation of a special servicer in having a debtor’s bankruptcy dismissed, with prejudice, in a hotly contested cram-down confirmation proceeding.
2009
Litigation Victory - Clear Channel v. Times Square
Representation of Clear Channel Spectacolor in its successful effort to prevent its landlord from terminating its lease because of its late renewal. The court ruled that the delay was inadvertent, that Clear Channel would suffer a significant forfeiture if not permitted to renew and that Clear Channel had engendered substantial good will by leasing its display space to iconic advertisers such as Hershey’s.
2010
Developer - 270 Unit Condominium Project
Representation of a developer in the structuring and financing of a 270 unit ground lease condominium project in Battery Park City in Manhattan. The transaction involved a complex corporate structure with two tiers of preferred equity, a mezzanine loan, construction loans, senior secured debt and the need to comply with the laws governing condominiums.
2010
Real Estate Brokerage - Employment Dispute
Representation of a real estate brokerage in an action by a former employee for age discrimination and breach of oral contract promising severance. The Court dismissed the breach of contract claim, finding the oral contract too vague to be enforceable.
2010
Real Estate Companies - Second Avenue Subway
Representation of major real estate companies in negotiating condemnation matters with the Metropolitan Transportation Authority related to the Second Avenue subway.
2010
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.
2010
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.
2010
FINRA Investigation - Falsification of Records
Representation of four account executives in an FINRA investigation alleging the falsification of records during a raiding dispute.
2010
FINRA Investigation - Gift and Gratuity
Representation of a senior trader in a FINRA investigation into the possible violation of FINRA gift and gratuity rules.
2010
Offshore Insurer - ERISA Stop-Loss Insurance
Advice to an insurer on providing stop loss insurance to large employers which provide group health insurance coverage to their retirees under self-funded welfare benefit arrangement plans (Section 419E plans under ERISA).
2010
Foreign Insurance Company - Wrongful Discharge Claim
Representation of a foreign insurance company in connection with the wrongful discharge claim from the managing directors of a U.S. subsidiary.
2009
Intelsat - Sea Launch
Representation of Intelsat Corporation in chapter 11 proceedings of satellite launch service provider (D.Del.)
2009
Intelsat - Protostar
Representation of Intelsat Corporation as successful purchaser of Protostar I satellite for $210 million in bankruptcy auction (D.Del.)
2009
Intelsat - Bantel, LLC
Representation of Intelsat Corporation in chapter 11 proceedings of a satellite telecommunications company (S.D. Fla.)
2009
Citicorp el al. - General Growth Properties Inc.
Representation of Oakwood lender group in chapter 11 proceedings of diversified mall property operator (S.D.N.Y.)
2009
Arthur Schuman, Inc. - Facility Acquisition
Representation of Arthur Schuman, Inc. in its acquisition of a cheese manufacturing facility in Montfort, WI. Through two affiliates, Arthur Schuman, Inc. acquired substantially all assets of the facility, including its real property. The acquisition was valued at approximately $2 million. Arthur Schuman, Inc. is one of the nation's largest manufacturers, distributors, importers and exporters of cheese and has operations throughout the United States.
2009
Ultra Stores - Successful Chapter 11 Plan
Representation of 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.
2009
Youngwoo - AIG Headquarters Acquisition
Representation of Youngwoo & Associates in acquiring the AIG headquarters building at 70 Pine Street and an adjacent building in Manhattan. A joint venture that included investors in Korea funded the $150 million purchase price, which established a new floor for commercial property values downtown.
Ongoing
Investors - Internet-Related Investments
Representation of investors in acquiring controlling interests in, restructuring and/or liquidating, internet-related companies.
2009
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.
2009
Colt Defense - High Yield Debt Offering
Representation of Colt Defense in a $250 million high yield debt 144A offering and a $50 million revolving credit facility that recapitalized its balance sheet and gives it greater flexibility to pursue strategic acquisitions.
2009
Commercial Bank - Creative Unsecured Debt Restructuring
Representation of the private bank division of a major U.S. commercial bank in the restructuring of two unsecured loans to a famous Hollywood producer. We are securing a portion of the debt and creating documentation designed to generate cash to reduce the bank's exposure.
2009
Quik Park - Garage Acquisition and Financing
Representation of Rafael Llopiz of Quik Park, one of New York's leading parking garage operators, in acquiring and financing the garage condominium unit in the 40 Mercer Street Condominium--a luxury condominium designed by Jean Nouvel, a winner of the Pritzker Architecture Prize.
2009
Title Insurance Company - Agent’s Fraud Imputed to Lender
Representation of a title insurance company against a lender whose agent committed a fraud that caused the loss of the insured mortgage. Our client successfully argued that since the agent acted on behalf of the bank, the fraud could be attributed to the bank and therefore fell under the policy’s exclusion for “acts of the insured.” The court’s ruling will have ramifications in the title insurance and mortgage lending industry since many sub-prime lenders relied upon unscrupulous agents to close their loans, and to the extent any frauds committed by those agents lead to a title loss, the lenders cannot look to the title insurers for indemnification.
2009
Robert W. Seavey - Victory in $500 Million RICO Case
Representation of Robert W. Seavey, real estate developer and owner, in obtaining a U.S. District Court summary judgment dismissing a $500 million RICO case. The suit also named members of his family, the management company and accounting firm. The court found that the plaintiffs and their forensic accounting firm had failed to find any evidence supporting their claims. The decision appears to be the first New York decision that found that the federal bank fraud statute cannot serve as a predicate act in a RICO case when the plaintiff is not a financial institution. All state court claims were dismissed.
2009
Anglo Irish Bank - Hotel Loan Modification
Representation of Anglo Irish Bank in connection with the modification of a leasehold mortgage on the Renaissance Chicago O'Hare Suites Hotel, a 362-room hotel owned by a joint venture between Tishman Hotel and the Commingled Pension Fund Trust (Special Situation Property) of JPMorgan Chase.
2009
Global Hedge Fund - Fund of Funds
Representation of a global hedge fund in acquiring a fund of funds business with more than $3.5 billion in assets under management and $1.8 billion net after investment debt in four separate offshore funds. This multi-phase transaction presented a variety of issues including successor liability, given the exposure to certain Madoff related investments by two of the funds, investment management M&A and employment issues.
2009
Costume Jewelry Manufacturer - Copyright Infringement
Representation of a major costume jewelry manufacturer in defending claims for copyright infringement and misappropriation of trade secrets (SDNY).
2009
Sponsored Research Agreements
Representation of medical device companies and neutraceutical venture in negotiating sponsored research agreements with major research universities and hospitals in the US and Canada.
2009
Joseph Kahan - Arbitration Award Vacated
Representation of Joseph Kahan in successfully petitioning the Kings County Supreme Court to vacate a rabbinical court's arbitration award regarding competing claims to real properties in Brooklyn and other assets.  The arbitration agreement provided that the parties could proceed only with counsel acceptable to the arbitrators.  Kahan participated in the arbitration even after the arbitrators rejected his proposed counsel and insisted that he could proceed only with counsel they would select for him. Initially, Kahan proceeded without counsel at all, but as the matter progressed, he realized that the arbitrators' procedures were unfair and he withdrew from the arbitration before the panel ruled. Describing its ruling as one of first impression under New York law, the court agreed that the arbitrators had denied Kahan the right to counsel of his choice, and overturned the award. This case was featured in the November 24th 2009 edition of the New York Law Journal. (26 Misc.3d 615,  889 N.Y.S.2d 839 (2009))
2009
Major Publicly-Owned REIT - Settlement
Representation of a major, publicly-owned REIT in reaching a favorable settlement with a prospective 400,000 square foot tenant of a proposed major office building, arising from the REIT's decision to suspend development due to condition of the local real estate market.
Ongoing
Apartment Corporation - Second Avenue Subway
Representation of a major apartment corporation in negotiating a complex transaction involving the work to the building necessitated by the Metropolitan Transportation Authority's condemnation of portions of the apartment corporation's property in anticipation of their construction of the Second Avenue subway.
2011
Real Estate Company - Workout
Representation of a major real estate owner-operator in work-out negotiations involving a series of construction loans with their first mortgage lender as well as several mezzanine lenders. This negotiation involves complicated inter-creditor issues, partnership funding issues and attorney general matters. It also requires attention to tax and 421(a) and other land use concerns.
Ongoing
Real Estate Company - Membership Interest Acquisition
Representation of a subsidiary of a major real estate developer in acquiring a minority interest in a limited liability company that owns and operates an underdeveloped property. The acquisition gives our client control over all decisions relating to the development of the property. Our client intends to redevelop the property in phases as moderate-income rental housing. 
Ongoing
Weston United Community Renewal - Pro Bono
Pro bono representation of not-for-profit Weston United Community Renewal. Weston United uses its owned and leased real estate to provide shelters, work-programs and low-income housing for more than 1000 homeless and mentally- and physically-challenged individuals in New York City. 
2009
Instinet Incorporated - Manhattan Office Lease
Representation of financial services company Instinet in connection with a lease for the company's new corporate headquarters at 1095 Avenue of the Americas – one of the largest leases of new space in 2009.
2010
NYSE Company - Internal Investigation
Representation of the Audit Committee of a New York Stock Exchange listed company to conduct an internal investigation of whistleblower claims brought by a former officer alleging that certain officers and directors had committed accounting fraud and violated the Sarbanes-Oxley Act.
2009
Real Estate Investment Management Companies - Construction Litigation
We defended a large industrial real estate investing entity and its investment management firm in a $90 million construction defect litigation with an industrial tenant in New Jersey. We succeeded in getting most of the plaintiff’s case dismissed on summary judgment, and then settled the rest of the dispute case before trial. The settlement included the plaintiff turning over escrowed back rent to our client and entering into a favorable lease extension.
2009
Private Equity Firm - Debtor-in-Possession Financing
Representation of a private equity fund in a $25 million debtor-in-possession revolving loan facility to a national wholesale mortgage lender and servicer. The collateral and advances were supported by eligible real estate foreclosure properties.
2009
Diagnostic Testing Company - Restructuring
Representation of a diagnostic testing company in restructuring its outstanding debentures.
2009
Consulting Company - Purchase of Interests
Representation of an officer of a consulting company servicing the oil and gas industry regarding his purchase of a minority interest in the company.
2009
New York Restaurants - Purchase of Interest
Representation of private investors regarding their acquisition of majority interests in New York City-based restaurants.
2009
Small Bone Innovations - Series D Financing
Representation of SBI in its private placement of Series D Preferred Stock in three tranches.
2009
Public Company - Equity Line of Credit
Representation of a NASDAQ-listed company on a registered $6 million equity line of credit transaction. Pursuant to the equity line, the company has the right to put shares of its common stock to the investor, and the investor is required to purchase those shares, with the number of shares sold at any given time and the purchase price per share to be based upon a formula set forth in the purchase agreement.
2009
Denville Scientific - Sale of Assets
Representation of Denville Scientific, Inc., a New Jersey-based distributor of molecular biology research products, in the sale of substantially all of its assets to a newly-formed subsidiary of Harvard Biosciences, Inc., a NASDAQ-listed company based in Boston.
2009
Syska Hennessy - New U.S. Headquarters Lease
Representation of Syska Hennessy in a 15-year lease for its new 65,000 square foot U.S. headquarters at 1515 Broadway.
2009
Major Bank - Credit Facility Restructuring
Representation of a major bank in restructuring a $20 million credit facility for a prominent restaurant chain.
2009
Global Investment Bank - Restructuring and Loss Remediation
Representation of a global investment bank in ongoing restructuring and loss remediation efforts for portfolios of CDOs, ABSs and financial assets.
2009
Private Equity Fund - Strategic Joint Venture
Representation of a private equity fund in the startup and joint venture of a new residential mortgage servicing company.
2009
Asset-Backed Securities - Financial Restructuring Initiatives
Representation of credit enhancement banks and insurance companies in refinancing legacy assets and reducing loss exposure to related asset-backed securities.
2009
Private Equity Fund - Strategic Acquisitions
Representation of a private equity fund in acquiring an insolvent environmental services company through a plan of reorganization under Chapter 11.
2009
Small Bone Innovations - Malaysian Joint Venture
Representation of Small Bone Innovations in forming a joint venture entity in Malaysia, which will serve as the hub for SBi’s Asia Pacific operations.
2009
Small Bone Innovations - “S.T.A.R.” Acquisition
Representation of Small Bone Innovations in its acquisition of Link America, Inc., including the technology for the S.T.A.R. Ankle--a total ankle replacement prosthesis that is the first of its kind to receive FDA approval in the U.S.
2008
Cipriani - Rainbow Room Lease
Representation of the Cipriani family in their lease of the world famous Rainbow Room.
2009
Top Rank - Manny Pacquiao v. Ricky Hatton
Representation of Top Rank in the Manny Pacquiao v. Ricky Hatton welterweight championship bout, MGM Grand, Las Vegas, May 2, 2009, distributed by HBO Pay-Per-View.
2009
Private Bank - $425 Million Credit Facilities
Representation of a private bank as a letter of credit issuer; administrative agent in a $100 million letter of credit facility; and as lender in a $325 million revolving credit facility, each to a trust, the proceeds of which are for working capital purposes. The facilities are cross-collateralized and secured by a combination of public company stock, diversified liquid assets and cash.
2009
Insurance Company - Restructuring and Loss Remediation
Representation of a major insurance company in restructuring and loss remediation regarding credit enhancement exposure to asset-backed securities.
2009
Financial Institution - Insurance Company
Representation of a major financial institution as the sole lender in a $40 million unsecured term loan facility to an insurance company. The term loan’s proceeds were used to finance the purchase of the business insurance unit of another insurance company and the capital stock of several entities of such other insurance company.
2009
Onion Networks - Financing and License
Representation of Onion Networks, a multinational developer and provider of high definition broadband services, in its equity financing by and content license with a major U.S. provider of sports content.
2009
Private Equity Fund - Luxury Fashion Investment
Representation of a private equity fund in its investment in a manufacturer and distributor of high-end fashion handbags and accessories.
2009
Israel Discount Bank - Giants Financing
Representation of Israel Discount Bank as administrative agent and as a lender in amending an existing secured revolving credit facility to New York Football Giants, Inc. to increase the facility's size to $45 million. The loan's proceeds will be used for working capital purposes. 
2009
Legends Hospitality
Representation of Legends Hospitality LLC—a joint venture among the Yankees, Dallas Cowboys and two private equity firms—in setting up business operations (which include running concession services at stadiums, arenas and other large venues), obtaining necessary permits and authorizations in the states in which it will provide these services, including New York, New Jersey, Pennsylvania, Texas and Florida, and protecting its intellectual property rights.
2009
Plainfield Asset Management - Credit Facility
Representation of Plainfield Asset Management in amending an existing credit facility for Wyoming Entertainment, LLC. The deal required us to add a significant delayed draw term loan facility, extend the payment-in-kind feature and add a subsidiary as a guarantor.
2009
New York Yankees - Sponsorship Agreements
Representation of the New York Yankees Partnership in drafting and negotiating sponsorship agreements for the new Yankee Stadium. Two notable sponsors include Standard Parking, the parking garage operator around the new stadium, and Toyota.
2009
Yankees Collectibles - Memorabilia Auction
Representation of the New York Yankees Partnership in the acquisition from the City of New York of the Old Yankee Stadium seats and bleachers and the agreement with DEMCO, providing for the removal and restoration of such items. Integral to these transactions is the Yankees' joint venture with Steiner Sports to market and sell these and other Yankees-owned memorabilia and collectibles from the old Yankee Stadium. The transaction also involved establishing a Yankees Memorabilia Store at the new Yankees Stadium. The store is a venture of Legends Hospitality, NYYP and Steiner Sports.
2009
Appellate Victory for Special Servicer
Representation of a special servicer in a suit against a borrower and three individual guarantors after the borrower procured subordinate financing in violation of a non-recourse carve-out provision. Our client was the special servicer for the lender. In a case of first impression, the New Jersey Appellate Division enforced the non-recourse carve-out provision and imputed personal liability to the borrower and guarantors. It concluded that the disputed clause fixes liability rather than damages and, therefore, does not constitute an unenforceable penalty as the borrower had argued. The Appellate Division also held that the borrower's efforts to “cure” the triggering event did not vitiate personal liability. As a result, the lender properly obtained a $5 million+ deficiency judgment against the borrower and guarantors.
2009
Pension Fund - Mortgage Financing
Representation of a New York state pension fund in a multi-million dollar mortgage financing of 625 Madison Avenue in Manhattan.
2009
U.S. Commercial Bank - Mortgage Financing
Representation of a major U.S commercial bank in a mortgage loan transaction involving the acquisition and rehabilitation of a supportive housing complex for disabled individuals in Brooklyn.
Ongoing
Trust, Trust Protector and Company - Complaint Dismissal
Representation of a Trustee, Trust Protector and related company in a dispute arising out of the distribution of an estate valued in excess of $1 million. The plaintiffs alleged fraud, fraud in the inducement unjust enrichment and violations of the consumer Fraud Act.  We argued that the trusts were properly established and administered and the plaintiffs' lawsuit was completely without merit.  The court agreed.  In granting our motion for summary judgment, the Judge issued a twenty-six page opinion in which he emphasized the lack of proofs as to all counts and dismissed the plaintiffs' complaint.  In addition, the court awarded fees and costs to our client for defending the suit.
2009
Kushner Companies – 666 Fifth Avenue Condominium Conversion
We represented an affiliate of the Kushner Companies in the conversion of 666 Fifth Avenue to two condominium units – one mixed office/retail, and one retail.  The conversion was the first step in a larger transaction involving the contribution of the $525 million retail condo unit to a joint venture between Kushner Companies, the Carlyle Group and Crown Acquisitions.  We helped negotiate the condominium declaration and bylaws between the joint venture partners, and between them and the existing lender, the mortgage loan's main servicer, and new lenders providing financing for the retail unit.   
2009
Emmes Asset Management - Acquisition and Financing
Representation of Emmes Asset Management Company in connection with a joint venture with the investment arm of a major university system and the $100M+ acquisition of a prominent Class A office building in Irvine, CA.  The transaction also included a multi-million dollar investment by a Japanese corporation investing in U.S. property for the first time.
2009
Legends Hospitality - Yankees and Cowboys Joint Venture
Representation of the New York Yankees in the ground-breaking "Legends Hospitality Management LLC" joint business venture between the Yankees and the Dallas Cowboys, which will operate the catering, concessions and retail merchandising at both new stadiums.
2009
Futures Commission Merchant - Software License Dispute
Represented a futures commission merchant in an arbitration brought by a software developer to recover fees allegedly owed for the use of a platform to support OTC brokers in the fixed income and derivative markets.
2009
Futures Commission Merchant - Commodities Fraud Claims
Obtained the dismissal with prejudice of federal and state court complaints asserted against an FCM by investors in a commodity pool who alleged that the FCM aided and abetted a Ponzi scheme perpetrated by the pool operator.
2009
Futures Commission Merchant - CME and CFTC Investigation
Represented an FCM in investigation by the CFTC and the CME in connection with futures trading by a customer in violation of capital and trading limits, implicating pre-trade and post-trade risk management.
2009
Discovery Capital Management - Fund Restructuring
Completion of the first phase of the fund restructuring for Discovery Capital Management, pursuant to which they have solicited the consent of investors in their existing domestic and offshore fund of funds to restructure their funds into a master feeder fund of managed accounts platform with a revised investment strategy, revised fee structures and other new terms. We drafted all of the new fund documents in conjunction with offshore counsel in an expedited time frame to facilitate the resubscription of existing investments into the restructured fund vehicle.
2008
Yankees Stadium - Hard Rock Café Deal
Representation of the New York Yankees and its affiliates in two separate joint ventures with the Hard Rock Café. The Hard Rock Café and a newly branded "NY Steak" prime steakhouse restaurant will open in an area adjacent to right field at the new Yankee Stadium.
2009
Commodity Futures Broker - SEC Investigation
Representation of a commodity futures broker in an SEC investigation into allegations that the broker participated in a Ponzi scheme fraud perpetrated by a hedge fund manager. After we made a Wells submission, the SEC determined to close the investigation and not to pursue any enforcement action against our client.
2009
Rogue Employee - CFTC and CME Investigations
Conducted an internal investigation into massive trading losses incurred by a rogue employee of a futures commission merchant, and representing the FCM in connection with investigations into the conduct by the CFTC and CME.
2009
Lehman Brothers - 2nd Lien Receivables Financing
Representation of Lehman Commercial Paper in closing a multi-million dollar, second-lien receivables funding for a special purpose vehicle subsidiary of a leading U.S. educational publishing group. In addition to documenting the loan facility, we negotiated an intercreditor agreement with the first lien lender of an existing $350 million receivables funding agreement.
2009
ProImmune - Ingredient License
Representation of The ProImmune Company, LLC in its license of a food ingredient that boosts immune systems to a consortium of 18 medical schools. The schools will research the ingredient's ability to prevent and/or mitigate diseases, such as HIV/AIDS, heart disease, diabetes, and kidney disease that disproportionately affect minority populations.
2009
Broker-Dealer - Employment Contracts
Representation of a regional bank broker-dealer in preparing employment contracts to hire an account executive.
2009
Top Rank - Television Deal
Representation of Top Rank, Inc. in negotiating and concluding an agreement for Fox Sports to televise a new boxing series, "Top Rank Live." The series features fight cards from around the U.S. and Mexico three times per month on Fox Sports en Español, with at least one event per month being carried by Fox Sports Net and its regional sports network affiliates.
2004-2009
Labor Union - Ethical Practices Counsel
Advised the Ethical Practices Counsel of a major international labor union concerning allegations of organized crime influence and corruption.
2008
Cheshire Group - $109 Million Acquisition
Representation of the Cheshire Group in connection with its $109 million acquisition of 28 East 10th Street.
2008
Part of the Solution - Building Acquisition
Pro bono representation of Part of the Solution ("POTS") in the acquisition of a building adjacent to their Bronx headquarters. We helped negotiate the contract for purchase and the mortgage financing, which was provided by a not-for-profit entity specializing in loans to comparable borrowers. 
2009
Southeast Asian Venture Capital Fund - Investment Vehicle Structure
We helped the Singapore branch of a major Japanese asset management firm establish an investment vehicle structure for a $250 million clean technology fund in Southeast Asia. The fund was structured as a private-public partnership consisting of an investment vehicle established by the foreign government for this purpose, as the public component, and a private venture capital fund established as a limited partnership in the Cayman Islands investing through an investment vehicle structure established in The Netherlands, for the private component. The fund is focused on relatively small, local clean technology projects in Southeast Asia.
2009
Investment Fund - Distressed Asset Acquisition
Representation of an investment fund in its acquisition of substantially all of the assets of Chapter 11 debtor Parmatic Filter Corporation and a related company, which manufacture filters used on U.S. Navy ships and that export filters to the militaries of friendly foreign governments.
2009
Telecommunications Class Action Dismissal
Representation of a major telecommunications company in a New Jersey class action lawsuit alleging overcharges for telephone services.
Ongoing
Major French Banking Corporation Subsidiaries - Acquisition and Finance
Representation of U.S. subsidiaries of a major French banking corporation in the acquisition of U.S. companies engaged in the commercial fleet leasing of automobiles and light trucks and the financing of U.S. registered yachts and other pleasure craft vessels.  These transactions represent  the commencement of business in the United States for those companies, thus expanding their large worldwide operations.
2008
National Bank - Construction Company Finance
Representation of a national bank in the financing of a construction company secured by collateral assignments of claims under contracts between the company and U.S. Government agencies.
2008
Edison Tax Services - Acquisition Platform Structure and Joint Ventures
Representation of Edison Tax Services in structuring its acquisition platform and establishing joint ventures with local operators to acquire tax liens and develop foreclosed properties.
2009
JP Morgan Chase - Fraud Litigation Victory
Represented JP Morgan Chase in a suit brought by a borrower's principal and guarantors alleging that our client had impermissibly drawn down on a letter of credit provided as a security for a loan on a piece of property in Harlem.  Herrick won summary judgment and the borrower appealed.  The First Department affirmed the lower court's dismissal of the complaint.  The decision clears the way for the ultimate foreclosure of the property.
2009
National Black Theatre - Real Estate Litigation Victory
Representation of the National Black Theatre in winning summary judgment against its partner Nubian properties in a real estate breach-of-contract suit involving National Black Theatre's landmark headquarters at the corner of 125th Street and 5th Avenue in Harlem, also known as "National Black Theatre Way."
2009
Real Estate Development Company - Land Purchase Dispute
Representation of  real estate development company in an appeal arising from its $3 million purchase and development of 7.5 acres of land from Hebrew Huntington Congregation. A faction of the congregation challenged the court's order that permitted our client to purchase the land under the Religious Corporations Law. The Second Department upheld the order and dismissed the appeal as moot, recognizing that our client was a bona fide good faith purchaser.
2008
Specialty Finance Company - Art Lending
Representation of a startup specialty lending company to make loans against artwork as collateral, including producing form documentation and discussions concerning credit policy and procedures.
2008
Airplane Lessor - Repossession
Representation of an international aviation leasing company in repossessing a Boeing 747 aircraft from a defaulting lessee by seizure on a military base.
2009
Digital Fulfillment Services - Outsourcing Agreement
Negotiate agreement on behalf of a digital distribution service with a digital services entity.
2009
Television Producer - Participant Rights Agreement
Representation of a producer of a music competition television program in obtaining recording and other rights from show participants.
2009
Television Producer - Record Label Agreements
Negotiate television producer’s agreements with major record labels for the release of recordings from top contestants in music competition television program.
2009
Digital Application Developer - Content Licensing
Advise developer of a highly successful iPhone app regarding content licensing.
2009
Content Owner - License for iPhone App
Advise a record label and music publisher regarding licensing of content for use by a top-ranked iPhone music app.
2009
Las Vegas Conference Center Real Estate Investors - Arbitration Victory
Representation of one of three investor groups in an existing five million square foot conference and exhibit center in Las Vegas in a seven-week, three-panel arbitration over each investor group's rights and ownership in the project. The panel found that all parties to the transaction, except Herrick's clients, had engaged in wrongful conduct. The conference center, at its completion, will cost more than $1 billion to build and is planned to expand to 12 million square feet.
2009
New York Residential Brokerage Company - Successful Mediation
Representation of a prominent New York residential brokerage company in a successful mediation against a civil rights suit alleging conspiracy with building owners to steer families with children away from apartments.
2009
Real Estate Company - Management Agreement Litigation
Representation of a real estate services company in a $20 million lawsuit brought by former customers. The former customers, owners of two large NYC office buildings, claimed that our client, which managed the buildings, had committed numerous acts of wrongdoing over several years, including breaching the contracts, fraud, and breaching fiduciary duties. The customers sought to recover all the fees they’d paid our client over the years under New York’s “faithless servant” doctrine. The District Court granted our summary judgment motion, dismissing all of the higher-damage tort and equity claims, and we then settled the remaining breach of contract claim. The former customers lost their appeal to the Second Circuit Court of Appeals, bringing the case to a successful conclusion for our client.
2009
Investment Banker - Business Divorce
Representation of a partner in negotiating and implementing his separation from a boutique investment bank. 
2009
Branch Manager - FINRA Investigation
Representation of the branch manager of a national retail brokerage firm in a FINRA investigation involving the failure to supervise in connection with a major defalcation from a customer account by an administrative employee.
2009
National Retail Brokerage Firm - Civil Litigation
Representation of a national retail brokerage firm in a state court action alleging sales practice violations.
Ongoing
Multi - State Litigation
Representation of litigants in five actions in multiple states and related litigation in two foreign countries in connection with a billion dollar claim involving the sale of a company.
2009
General Counsel - Options Backdating Class Action
Representation of the former General Counsel of a major technology company in a class action against the company concerning stock options backdating.
2009
Financial Media Company - Lease Dispute
Representation of a multi-billion dollar financial media company in a lease dispute involving approximately 180,000 sq. ft. of office space.
2009
Principal of Securities Brokerage - NASD Arbitration
Representation of the principal of a brokerage firm in an NASD customer arbitration for breach of contract.
2009
Investor - SEC Investigation
Representation of an investor in multiple inquiries by governmental authorities in connection with alleged insider trading.
2009
Joint Venture Partner - $40 Million Construction Agreement Dispute
Represented a joint venture in connection with disputes arising out of DEP construction agreements worth in excess of $40 million.
2009
Trader - FINRA Investigation
Representation of a former trader at a national retail brokerage firm in a FINRA regulatory investigation into charges of front-running one of the firm's customers.
Ongoing
Fund of Funds - Investment Litigation
Representation of a fund of funds in investment-related litigation.
2009
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.
2009
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. 
Ongoing
Insurance Agent - Breach of Contract and Fraud Defense
Representation of a prominent insurance agent at the center of heated litigation surrounding the issuance of life insurance policies, the question of insurable interest, and the exposure of various agents and investors to life insurance companies and the estates of insured persons.  Herrick's role is as counsel and advisor, coordinating with defense counsel and counsel for related parties to minimize the agent's exposure.
2008
Wholesale Brokerage - Employment Issues
Representation of a wholesale brokerage company in employment issues and in the enforceability of restrictive covenants.
2007-2008
Investment Bank - Ritz Carlton Resort Condominiums
Representation of an investment bank in senior construction financings of resort condominium projects branded by Ritz Carlton in Maui, Hawaii, Rancho Mirage, Philadelphia, and the Turks & Caicos Islands.
Ongoing
Commercial Bank - Law Firm Financing
Representation of a commercial bank in a financing for a multi-state law firm.
Ongoing
Investment Bank - Resort Financings
Representation of an investment bank in the pre-development financing of resort hotel projects in Rancho Mirage California, Bermuda and Rose Island, Bahamas.
Ongoing
Real Estate Developer - Citywide Zoning
Representation of a developer in its zoning and land use needs for sites throughout the five boroughs of New York City.
Ongoing
Real Estate Investment Firm - Land Use
Representation of a national real estate investment firm in all of its zoning and land use needs.
Ongoing
Developer - Zoning and Landmark for SoHo Site
Representation of a developer in obtaining special permit zoning approvals from the City Planning Commission for a new residential development at Wooster and Broome Streets in SoHo, Manhattan.
Ongoing
Corporate Recapitalizations
Representation of special committees, CEOs, boards of directors and companies in corporate re-capitalizations or restructurings, with or without attendent bankruptcy proceedings, including restructuring, re-capitalization or disposition of telecom companies, automobile after market companies, executive office suite companies, an investment bank, a debt collection company, an electronics company, a paper mill, a plastics company, several dot coms, several domestic and foreign investment funds, management companies and family owned real estate companies.
Ongoing
Real Estate Developer - Hotel Management Agreements
Representation of a developer in negotiating hotel management agreements with respect to two properties on Fifth Avenue in Manhattan.
Ongoing
Bank - $35 Million Construction Loan Sale
Representation of a bank in its sale of a construction loan made to a condominium developer in Brooklyn, New York.
Ongoing
Developer - $120 Million Condominium Business
Representation of a developer in creating a condominium regime on a commercial property in The Bronx, New York, to facilitate future leasing and potential sales. We are also advising the developer on the project’s associated applications to the New York Attorney General.
Ongoing
New York Foundling Hospital - Real Estate Transactions
Representation of the New York Foundling Hospital and its affiliates in various real estate transactions, including the creation of a commercial condominium.
Ongoing
New York City Landlord - Office and Retail Leases
Representation of a major New York City landlord in negotiating leases for office and retail space.
Ongoing
Parking Garage Operator - Sales and Leases
Representation of a major parking garage operator and its affiliates in the sale and leasing of development sites.
Ongoing
Real Estate Developer - $200 Million Condo Conversion JV
Representation of developer in a joint venture with an asset management company and a financial services firm in a condominium conversion and a $200 million offering of an occupied 117-unit rental building on Manhattan’s Upper West Side.
2008
Louis Vuitton/LVMH - New York Counsel
New York counsel to Louis Vuitton and LVMH in connection with their New York real estate transactions.
Ongoing
Bernstein Real Estate - Real Estate Counsel
Counsel to Bernstein Real Estate in a number of transactions, involving tax, structuring, acquisitions and sales.
2000
Reuters - North American Headquarters
Representation of Reuters in connection with the development, construction and leasing of 3 Times Square, an 855,000 square foot office tower in Times Square, New York.
Ongoing
Ruth’s Chris Steakhouse - Restaurant Leases
Representation of Ruth’s Chris Steakhouse, Inc. and its affiliates in the leasing of its restaurants and related transactions.
2008
Victoire Finance Capital - Latin America-Focused Hedge Fund
Representation of an international asset manager in establishing an onshore hedge fund to integrate with their existing Cayman Islands-based offshore fund that invests in small cap companies in Brazil and other Latin American markets.  Our work also involves converting the entire fund into a master feeder structure.
Ongoing
Irish Hedge Fund - CDO Offerings
Representation of an Irish hedge fund in offerings of collateralized debt obligation in the U.S. and abroad.
Ongoing
Insurance Broker - Class Action Defense
Representation of an insurance broker in its defense of claims arising from a class action involving an unauthorized insurer.
2008
Westbrook Partners, The Witkoff Group and Stellar Management - 405 Park Avenue
Representation of Westbrook Partners, The Witkoff Group and Stellar Management in the $205 million acquisition of 405 Park Avenue in Manhattan, and partnership interests in two Maryland Limited Partnerships that control an office building in Baltimore. We fired through the legal review and diligence of over 100 leases and prepared 30 lease abstracts in 24 hours, and completed the total legal diligence in just three days.
Ongoing
BRT Realty Trust - Tennessee and Florida Residential Developments
Representation of BRT Realty Trust, a publicly traded REIT, in the financing and refinancing of a chain of residential developments in Tennessee and Florida owned and operated by Steven Green. The series of transactions is worth several hundred million dollars. Herrick has represented the Gould family and its related entities for over 50 years.
2008
Investor Group - Motion Picture Investment
Representation of an investor group in restructuring their investment in high profile motion pictures.
2008
Private Equity Funds - PIPE Transactions
Representation of a number of private equity funds specializing in PIPE transactions.
2008
Private Investment Fund - Senior Living Investments
Counsel to a large private investment fund which specializes in making investments in senior living communities throughout the United States.
2000 - Present
Real Estate Developer - Oceana, Brighton Beach Condominiums
Representation of a real estate developer in obtaining New York City Planning Commission approval to construct the first major large scale residential development in Brooklyn in over 30 years. The project consists of more than 900 condominium units on the boardwalk at Oceana, Brighton Beach in Brooklyn.
Ongoing
Real Estate Company - Development Rights Acquisition
Representation of a real estate company in its negotiations to acquire a million square feet of development rights from the New York City Housing Authority. This project would also include the redevelopment of the 145,000 square-foot Beacon High School.
2008
Nikko Capital Partners - Private Equity Fund
Representation of Nikko Capital Partners K.K. in structuring and setting up a $200 million special situations investment fund for Ant Global Partners Pte., Ltd., a subsidiary of Nikko Capital Partners K.K. as the fund manager, and two private equity funds managed by Elliott Advisors, the sole investors. The fund was structured as a Cayman Islands limited partnership and the fund manager as a Singapore private limited company.
2009
Hedge Fund Collapse - SEC Investigation
Representation of the chief operating officer of a $1 billion hedge fund in connection with an SEC investigation into the fund's collapse and liquidation.
Ongoing
Ovation Travel - Employment Counsel
Representation of leading business travel firm in its nationwide employment needs.
Ongoing
Mining Company - Malpractice Claim
Representation of a mining company in a legal malpractice suit against its former counsel for failure to perform required due diligence and secure mineral rights.
Ongoing
William Doyle Galleries - Auctions
Representation of William Doyle Galleries in legal matters related to high profile auctions.
Ongoing
Telecommunications Company - Chapter 11 Cases
Representation of one of the world's largest providers of telecommunications services in various Chapter 11 cases pending in New York and New Jersey bankruptcy courts.
Ongoing
New York Yankees - New Stadium Wireless Lease Agreements
Representation of the New York Yankees in their lease agreements with wireless carriers in the new Yankee stadium.
Ongoing
Mizuho Corporate Bank - Sublease
Representation of Mizuho Corporate Bank in its sublease of 150,000 square feet at One State Street Plaza in Manhattan.
Ongoing
Real Estate Developer - Office Leases
Representation of a major real estate developer as landlord for all its office leases in a Class A New Jersey office complex.
Ongoing
Major Bank - Branch Leases
Representation of a major U.S. bank in its retail branch leases throughout New York and New Jersey.
2009
Samsung Corporation - Real Estate Development
Representation of Samsung Corporation of Korea, in connection with a mixed-use real estate development in the New York region. We worked closely with Samsung’s executive and due diligence team in negotiating the purchase and key documents, completing the due diligence and locating a local developer partner in the U.S.
2008
Family-Owned Real Estate Developer - Condo Plans
Representation of one of the New York region's premier real estate development families in offering plans for Manhattan condominium projects.
2009
Beneficiary - Removal of Trustee
Representation of the beneficiary of large trusts in negotiating and implementing the removal of the trustee and distributing the trusts' assets to our client. 
2008
Global Vision Information Technology (Proprietary), Ltd. v. Fashionware Solutions Inc.
Representation of 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.)
2008
Private Equity Fund - Music Industry Deal Restructuring
Representation of a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
2008
Commercial Bank - Art Loan
Representation of a major U.S. bank in a multimillion-dollar loan to a high net-worth individual, secured by the borrower's art collection.
Ongoing
Financial Institutions - Restructurings, Workouts and Dispositions
Representation of more than 20 financial institutions in restructurings, workouts and disposition of loans and loan portfolios.
2008
Wireless TV Studios, Inc. v. Digital Dispatch Systems, Inc. - Copyright Infringement
Representation of Digital Dispatch Systems, Inc. in defeating the plaintiff’s motion for a preliminary injunction in a copyright action involving a computer screen interface. (E.D.N.Y.)
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
Sunnyside Jewish Center - BSA Decision
Representation of Sunnyside Jewish Center in obtaining a zoning variance from the NYC Board of Standards and Appeals to convert and expand a location to which it is relocating into a synagogue.
2008
Multi-Service Financial Institution - Regulatory and Securities Law Advice
Counsel to the broker dealer and investment advisor units of a multi-service financial institution on corporate and regulatory matters.
2008
Polo Ralph Lauren - Real Estate Lease
Representation of Polo Ralph Lauren Corporation in a 50,000 square foot office and showroom lease in Manhattan.
2008
Community Preservation Corporation - Domino Sugar Refinery Refinancing
Representation of The Community Preservation Corporation in the third tranche closing of a $120.2 million loan issued by Domino Mezz Holdings LLC and secured by a third mortgage on the 11.5-acre Domino sugar refinery site in Williamsburg, Brooklyn.
2008
Meecorp Capital Markets LLC - Building Acquisition
Representation of an affiliate of Meecorp in the acquisition of 1401 Feehanville Drive, Mount Prospect, IL, a single tenant office building occupied by ITT Educational Services. Financing was provided by Harris Bank, which we recommended to our client.
2008
Arthur Schuman, Inc. - Credit Facility
Representation of Arthur Schuman, Inc. and its affiliates, in a $75 million credit facility with Wells Fargo Foothill, LLC and Bank of America, N.A., as lenders. The facility is structured as an asset based loan, with availability limited by a borrowing base. A portion of the Credit Facility’s proceeds was used to pay off Arthur Schuman, Inc.'s current credit facility with Wells Fargo Bank.
2008
Commercial Real Estate Owner - Insurance Dispute
Representation of a commercial real estate client in connection with coverage for an injury to a contractor’s employee. The owner did not have enough insurance to cover its exposure to the injury, so we arranged a letter of credit to cover the uninsured balance and then helped settle the matter within the insurance limit, releasing the LOC without any draw down.
Ongoing
Cookie's Department Stores - Litigation Counsel
Representation of New York's largest retailer of children's clothing in all of its litigation needs.
2008
Yankee Stadium - Exclusive Telecom Provider
Representation of the Yankee’s affiliate in its agreements with AT&T to provide and support the new stadium’s telecommunications services and network system. AT&T will provide telephone, Internet and Wi-Fi services, provide all the necessary equipment, and build and maintain a custom network. The deal will also drive revenues to the company through end-user usage fees and by enhancing fans’ experience.
2008
Software and Toy Company - Reorganization and Capital Raise
Representation of a privately-held software and toy company in its reorganization and fundraising transactions.
2008
Kitchen Appliance Company - Capital Raise
Representation of a startup kitchen appliance company in its formation and initial seed capital investments.
2008
Commercial Bank - $61 Million Financing
Representation of a commercial bank in connection with a $60.7 million ground lease financing and an $11 million letter of credit The borrower plans to use the funds to rehabilitate a Madison Avenue commercial property.
2008
Developer - $58 Million Brooklyn Condo Project
Representation of a condominium developer in crafting and filing the offering plans for a $58 million, 93-unit project in Greenpoint, Brooklyn.
2008
Financial Services Company
Defense of a pre-eminent financial services company in an arbitration involving numerous brokers who left a competitor to work for our client. The competitor claimed breach of non-solicitation and confidentiality provisions in the brokers' contracts.
2008
Real Estate Company - Massive Residential Portfolio Acquisition and Financing
Representation of a major real estate investment and service company in its acquisition and financing of a five-state, 14-property portfolio of residential rental and condominium apartment complexes involving complex real estate, zoning, tax, insurance, litigation and corporate structuring issues. The portfolio was financed through 14 first mortgage loans and 12 mezzanine loans, culminating in a four-day closing.
2008
Curtiss-Wright - Leases
Representation of Curtiss-Wright Corporation in lease negotiations with an affiliate of Lincoln Properties for Curtiss Wright’s new corporate headquarters in Parsippany, NJ. We also represented Curtiss Wright in negotiating a lease assignment to JH Cohn for its existing premises.
2008
Clean Harbors - Settlement of Superfund Liability
Representation of Clean Harbors in resolving a five-year dispute over the payment of response costs for cleaning up a superfund site in New Jersey. The settlement effectively removes one of the more serious environmental liabilities from our client’s books and narrows the scope of an earlier bankruptcy court order as to Clean Harbors’ assumption of environmental liabilities.
2008
Rosen Partners - Hotel Financing
Representation of Rosen Partners LLC and their partners, Jack, Larry, Michael and Jason Pomeranc of The Thompson Hotel Group, in a $37 million mortgage loan from EuroHypo AG, New York Branch. The proceeds were used to refinance a construction loan on 6 Columbus, an 88-room boutique hotel located at 6 Columbus Circle in Manhattan. We assisted our client in all aspects of the project's development, including construction, interim and permanent financing, litigation with various contractors, and the implementation of a hotel management agreement.
2008
Real Estate Joint Venture - $65 Million Long Island Acquisition
Representation of a joint venture between two major real estate companies in its $65 million acquisition and financing of a Long Island, New York office building. We structured the transaction as a purchase by tenants-in-common in order to take advantage of tenancy-in-common 1031 tax rules.
2008
European Insurer - Customized Political Risk Coverage
Representation of a major European insurer in designing and drafting an insurance policy covering political risks of an insured's non-European operations (for example, forced abandonment of a foreign country due to a governmental evacuation order). We drafted the policy to address the unique risks facing the insured, such as the potential loss of business income due to the cessation of the insured's operations of a railway in Africa. We also designed it to combine other risks such as pollution liability and coverage for the insured's construction projects.
2008
Telecommunications Services Company - Partial Ownership Assignment
Representation of a telecommunications services company in negotiating an amendment to the LLC Operating Agreement of a telecommunications company to reflect the assignment of a portion of the entity to a key employee. We previously represented the company in selling its assets and entities, described here.
2008
Treetop Development - Residential Complex Purchase
Representation of Treetop Development in the purchase and financing (with two different lenders) of an eight-building, 244-unit apartment complex in Newark, New Jersey.
2008
Health Insurer - Government Investigation
Representation of a New York area health insurer in connection with an investigation into claims practices by the New York Attorney General's office. We achieved a cost-effective resolution that avoided litigation and adverse publicity.
2008
Financial Institution - Bottling Company
Representation of a major financial institution, as administrative agent and lender, in a $25 million syndicated, secured term loan credit facility to a soft drink bottling and distributing company. The proceeds of the term loan were used to build out existing production facilities and working capital purposes.
2008
Private Bank - Not-For-Profit
Representation of a major private bank in a $30 million unsecured revolving credit facility to a not-for-profit company that is dedicated to providing services to public schools.
2008
Private Equity Fund - Breach of Contract Action
Represented private equity fund in breach of contract action commenced by co-investor in Brazilian passenger airline company. Plaintiff also alleged that private equity fund is alter ego, and liable for debts, of Brazilian passenger airline company. (Prior Firm Experience)
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.
2008
Developer - Hudson River Development Dispute
Representation of a developer in a dispute over a purchase agreement to jointly develop property on the cliffs overlooking the Hudson River in Union City, New Jersey. The co-developer sued the developer, our client, for breach of contract, breach of fiduciary duty and fraud, alleging, among other things, that the developer breached the purchase agreement. The court agreed with our argument that the developer indisputably complied with all terms of the purchase agreement and thus, the suit was frivolous. The court dismissed the co-developer's complaint with prejudice and sanctioned them and their counsel by awarding the developer its legal fees and costs in making its motion to dismiss.
2008
Law Firm - Sale
Representation of a Connecticut law firm that is one of the leading firms in residential mortgage foreclosures, in the sale of its non-legal operations and services to a large private equity fund.
2008
Life Insurance Premium Finance Joint Venture - Asset Dispute
Representation of a partner in a joint venture in the life insurance premium finance business in a dispute with its minority partner. The business generated profits well in excess of $150 million, and the two partners—parting company—dispute the disposition of assets. We arbitrated the matter before an AAA panel.
2008
Cheese Manufacturer - Acquisition
Representation of one of the nation's largest manufacturers, distributors, importers and exporters of cheese, in connection with its acquisition of a cheese manufacturing facility in Vernon, California.
2008
Top Rank - Miguel Cotto v. Antonio Margarito
Representation of Top Rank in the Miguel Cotto v. Antonio Margarito WBA welterweight championship, MGM Grand, Las Vegas, July 26, 2008, distributed by HBO Pay-Per-View Telecast.
2008
Private Equity Fund - Alleged Breach of Lease Agreements
Represented private equity fund alleged to be alter ego of portfolio company, a Brazilian cargo airline, which allegedly breached various aircraft lease agreements and converted several aircraft in Brazil. (Prior Firm Experience)
2008
Boutique Hotel Group - Land Use Approvals
Representation of a luxury boutique hotel group in obtaining land use approvals for the construction of a hotel on New York's Lower East Side, and regulatory approval for a hotel on Thompson Street, Manhattan.
2008
Commodities Broker - Dismissal of Complaint
Representation of a leading futures commission merchant in an action brought by another FCM who accused our client of violating the Commodity Exchange Act, breach of contract and negligence in connection with futures and options trading in an omnibus clearing account.  After the Southern District of New York dismissed the complaint, we obtained a dismissal with prejudice of a new complaint filed in state court.
2008
Securities Broker - Summary Judgment
Representation of a broker-dealer and its employees in a "raiding" dispute brought by a rival broker-dealer, including claims of corporate espionage and theft of trade secrets.  After a number of the plaintiff's claims were dismissed at the pleading stage, we obtained summary judgment in favor of our clients and dismissal of the remaining causes of action.
2008
Marathon Real Estate Opportunity Fund - Sophisticated Transactions
Representation of Marathon Real Estate Opportunity Fund in connection with a number of extremely sophisticated transactions including domestic and international joint ventures and strategic partnerships, acquisition of hotel properties, construction and development of Marriott branded hotels, Florida condominiums and documiniums, acquisition of office complexes in Paris, and the acquisition of one of the largest NYC parking owner/operators.
2008
Insurance Company - Internal and Grand Jury Investigations
Conducted an internal investigation on behalf of the board of directors of a mid-sized insurance company concerning allegations that a company officer was bribed by a company vendor.  Also represented the company in a related New Jersey state grand jury investigation.
2008
Title Insurer - Victory in Litigation Against the U.S. Government
Representation of an insured real property owner in defending against a large and complicated lawsuit by the U.S. Government over the purchase of a piece of real estate from the government. The case dragged on for three years before the insurer brought us in, and we won it on a motion for summary judgment.
2008
Title Insurer - Fraud and Defalcation
Representation of a title insurance company in recovering $8 million in losses incurred by defalcation and fraud of a title agent.
1992
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.
2005
German Funds - Restructuring
Restructuring of multi-tiered, affiliated German syndication funds acquiring assets throughout the United States.
2008
Top Rank - Manny Pacquiao v. David Diaz
Representation of Top Rank in the Manny Pacquiao v. David Diaz WBC lightweight championship bout, Mandalay Bay Resort & Casino, Las Vegas, June 28, 2008, distributed by HBO Pay-Per-View Telecast.
2008
Real Estate Investors - Fee Interest Sale
Representation of two separate investor groups in the sale to SL Green of their fee interests in the land under 919 Third Avenue, Manhattan.
2008
Roberta Flack - Harlem Development
Representation of renowned vocalist Roberta Flack in her development of real estate in Harlem, New York.
2008
Top Rank - Kelly Pavlik v. Gary Lockett
Representation of Top Rank in the Kelly Pavlik v. Gary Lockett WBC/WBO middleweight championship bout, Boardwalk Hall, Atlantic City, June 7, 2008, distributed by HBO Championship Boxing.
2008
Venture Capital Firm - DIP Financing
Representation of a mid-sized venture capital firm in connection with a secured credit facility to a debtor-in-possession in a Chapter 11 bankruptcy case in the United States Bankruptcy Court for the District of Delaware. The debtor/borrower is one of our client's portfolio companies involved in the healthcare sector. In addition to being the DIP lender, our client is also a pre-petition lender to, and holds a majority equity interest in, the debtor.
2008
Heirs of Kazimir Malevich - Amsterdam Settlement
Representation of the heirs of the world-renowned Russian artist Kazimir Malevich in their litigation against the City of Amsterdam to reclaim artworks created by their ancestor. This litigation was successfully settled in April 2008 when the City of Amsterdam returned five Malevich paintings to the heirs.
2008
Public Financial Services Company - $75 Million Acquisition
Representation of a large, NYSE-traded financial services company in connection with a proposed $75 million acquisition of a privately held financial services and insurance brokerage company.
2008
Financing Subsidiary - Credit Default
Representation of a financing subsidiary of a major Wall Street firm in the negotiations and a settlement of a defaulted credit facility.
2008
Money Center Bank - $25 Million Facility
Representation of a money center bank in a $25 million asset-based senior secured revolving credit facility of a specialty apparel retailer and distributor.
2008
Japanese Financial Services Company - Microprocessor Company Investment
We represented a leading Japanese financial services company in its Series A Preferred investment in a fabless microprocessor company that provides multi-core processor solutions for the embedded multimedia market.
2008
Private Equity Fund - Investment in Technology Company
Representation of a Cayman Islands-based private equity fund in a $1 million Series B investment in a California developer and manufacturer of wireless audio and video home networking multimedia technology products.
2008
St. Eve International - Asset Sale
Representation of St. Eve International, Inc., a leading supplier of women's undergarments, women's sleepwear and children's apparel, in its asset sale to Russell-Newman, Inc. The combined entity will be one of the largest intimate apparel companies in the world, supplying most major retailers.
2008
Hedge Fund - Investment in Pre-Settlement Financing Companies
Representation of a large hedge fund in the first step of a $175+ million investment in two companies developing an integrated business product platform to increase their market position in the law firm pre-settlement financing market. The capital structure will include a $25 million senior credit facility for the group invested in, a $25 million senior subordinate credit facility to a new company that will develop the integrated business product platform, a $125 million senior facility for that new company, and a $3 million equity investment.
2008
Sindicatum Carbon Capital - Green Private Equity Fund
Representation of Sindicatum Carbon Capital, an institutionally backed joint venture management company, in establishing a Cayman Islands-based private equity fund formed to make global investments in greenhouse gas reduction projects intended to generate tradable carbon credits pursuant to international treaty mechanisms.
2008
Silverleaf Capital Group - European Real Estate Fund Formation
Representation of Silverleaf Capital Group in forming a Malta based private equity fund to invest in real estate development projects in Croatia, Montenegro and Serbia.  We worked with the fund's management and other service providers to structure the fund and draft offering documents and related agreements, and to customize the fund's structure to meet investor demands.
2008
Futures Commission Merchant - CFTC Investigation
Representation of a futures commission merchant against potential claims by a hedge fund receiver whose manager committed fraud. We defended the FCM in an investigation by the CFTC, which asserted no charges.
2007
Pan-Pacific - Sale of the Company
Representation of the stockholders of Pan-Pacific Enterprises, Inc., the largest independent distributor of medical X-ray tubes in China, in the sale of the company to Varian Medical Systems, Inc., a publicly traded company.
2008
Private Equity Fund - Real Estate Fund Formation
Representation of a private equity fund in the formation of a real estate fund for investments primarily in Southeastern U.S.
2008
Investor Group - Fraud and Misrepresentation Claims
Representation of an investor group in connection with fraud and misrepresentation claims against an investment manager in various private investments.
2008
International Investigation -  Market Manipulation
Representation of a foreign citizen in connection with an indictment by the U.S. Attorney’s Office and an SEC investigation alleging market manipulation of multiple OTC securities in the U.S. markets via the internet.
2008
Stock Brokers - FINRA Investigation
Representation of multiple stock brokers of a national retail brokerage firm in a FINRA investigation into various sales practice violations.
2008
Money Center Bank - $100 Million Letter of Credit
Representation of a money center bank in a $100 million standby letter of credit issuance on behalf of a Bermuda reinsurance subsidiary of an international hedge fund.
2008
Collateral Agent - Recapitalization
Representation of the collateral agent for the holders of $35 million of secured debentures in a recapitalization of an integrated marketing firm.
2008
Dubilier & Company - Bulletin News Investment & Capital Raise
Representation of Dubilier & Company in its investment in Series A Units of Bulletin News, LLC, and in its capital raise to fund the acquisition.
2008
Solar Energy Company - Breach of Contract
Representation of a solar energy company in connection with an employee's suspected breach of a non-compete agreement and breaches of fiduciary duty. Herrick advised the company on how to terminate the rogue employee and to secure evidence relating to any unfair competition engaged in by a competitor
2008
Money Center Bank - $125 Million Facility
Representation of a money center bank, as agent, in a syndicated $125 million asset-based senior secured credit facility to a large apparel designer and manufacturer.
2008
Top Rank - Kelly Pavlik v. Jermain Taylor II
Representation of Top Rank in the Kelly Pavlik v. Jermain Taylor II 12-round middleweight bout.
2008
Mortgage Acquirer - Loan Foreclosure
Representation of a major national mortgage acquirer in its foreclosure on a mortgage loan made to the owner of a luxury hotel in Ohio. The borrower tried to take advantage of recent pro-borrower decisions in state court, arguing that our client had not proved it owned the note and that the borrower had not signed the successor notes into which the original note had been split (pursuant to a modification agreement that the borrower did sign). But waivers of defenses in the forbearance agreements we drafted precluded that argument, and we won the case for our client (including interest and costs) on a motion for summary judgment.
2008
Lender - $2 Billion Facility
Representation of one of the lenders in a $2 billion-plus senior secured revolving and term loan credit facility to a large international exchange company.
2008
Real Estate Management Company - Repair and Restoration Dispute
Representation of a Manhattan real estate management company in a long-running dispute with a neighbor over the repair and restoration of a chimney. Immediately following a half-day bench trial, the justice ruled from the bench in favor of our client in the full amount claimed plus interest and attorneys' fees.
2008
Commercial Bank - Real Estate Holding Company
Representation of a major U.S. commercial bank in a $150 million revolving loan facility to a real estate holding company supported by a guaranty from its parent, a religious corporation.
2008
Paint Applicator Company - Sale
Representation of a New Jersey-based leading supplier of paint applicator products to the retail industry in connection with its sale to the Gordon Brush Company.
2008
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.
2008
Harrison Eagle/Promonta Realty - Condemnation Dispute
Representation of Harrison Eagle LLP and Promonta Realty Corp. in obtaining reversal and remand of a trial court's condemnation judgment against them. Our clients own property in the town of Harrison, NJ. In 1997, the town designated an area in Harrison, including our clients' properties, as "in need of redevelopment," and in 2006 the redevelopment agency sued to condemn them. In 2007, the trial court ruled that our clients' defenses in the condemnation action were time-barred because they had not filed a timely action in lieu of prerogative writs under New Jersey Court Rule 4:69-6 (which generally requires that such an action be filed within 45 days of the governmental action being challenged) after the Town's governing body had designated their properties for redevelopment in 1997. In February 2008, the Superior Court of New Jersey, Appellate Division, reversed and remanded, ruling that our clients had been deprived of constitutionally adequate notice and an opportunity to be heard regarding the blight designation, and should therefore be entitled to assert the invalidity of the town's 1997 blight determination as a defense to the agency's condemnation action.
2008
Insurance Company - Reinsurance Arbitration
Representation of an insurance company in an arbitration in which a reinsurer refused to pay our client on a reinsurance certificate for a settlement paid by our client.
2008
Hildene Capital Management - Master Feeder Fund Formation
Representation of Hildene Capital Management, a private equity fund, in drafting formation documents for onshore and offshore feeder funds as part of a master feeder fund structure for the company. This is a structured finance, credit and special situations fund formed to invest in structured finance securities, direct structured lending, bank debt, high-yield bonds and special situation equity securities of various companies, primarily focusing on small-cap companies (essentially an ABS fund formed to capitalize on opportunities in the current ABS market). We also helped structure the management company and implement employee compensation arrangements.
2008
Insurance Company - CDO Asset Management Company Investment
Representation of an insurance company in the formation of a joint venture CDO asset management company.
2008
R.I. Island House LLC v. North Town Phase II Houses, Inc. - Mitchell Lama Contract Dispute
Representation of a major developer in enforcing a $100 million contract to sell a Mitchell Lama project on Roosevelt Island, New York. The trial court dismissed our complaint, but the Second Department, relying on our legal arguments, reversed the lower court and permitted the claim for specific performance to move forward. (R.I. Island House LLC v. North Town Phase II Houses, Inc. (2nd Dep't, May 2008)).
2008
Individuals - Insider Trading
Representation of two foreign citizens in connection with an SEC lawsuit alleging insider trading of a New York Stock Exchange listed security.
2008
Lightstone Group - Prime Outlets Center Refinance
Representation of the Lightstone Group in an $80 million refinancing of a Prime Outlets center in Puerto Rico. The loan includes funds for expansion of the center.
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
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
Investment Banker - FINRA Proceeding
Representation of a former employee of a major investment bank in a FINRA regulatory proceeding on charges that he misappropriated funds from his employer by improperly submitting personal expenses as business-related expenses.
2008
Loan Servicer - Complicated Foreclosure
Representation of a loan servicer for a holder of a defaulted mortgage loan, in pursuing foreclosure of a defaulted mortgage loan. We negotiated a sale of the loan contingent on foreclosure, but on the eve of the sale, the borrower filed for bankruptcy. We moved for stay relief and the borrower objected and sought to cure the default, which would have imposed a 40-year maturity. We negotiated a discounted payoff with a waiver of future borrower cure rights for a greater price than would have been received under the foreclosure contingent loan sale and persuaded the loan buyer to terminate the agreement.
2008
Asset Manager - Multifamily Property Foreclosure
Representation of the asset manager for an investment bank in foreclosing on, and taking possession of, a multifamily 208-unit apartment complex encumbered by a deed of trust that our client obtained at a HUD auction sale of distressed debt. We obtained possession in less than 120 days, an extremely fast result in these cases.
2006, 2008
Investment Bank - Resort Financings
Representation of an institutional lender in connection with a $65million acquisition and pre-development loan for the construction of a residential golf community and luxury hotel development in Mexico (2008), and in a development loan in Bermuda (2006).
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
Law Firm Partner - Profits Dispute
Representation of a partner in a law firm against the firm in an arbitration concerning unpaid profits. A 15-day trial resulted in an award to our client of nearly $500,000.
2008
Private Equity Company - Acquisition-Related Employment Issues
Representation of a private equity limited liability company in drafting executive employment contracts in connection with its acquisition of an apparel and accessory company.
Ongoing
Apparel Companies - Licensing
Representation of apparel companies in negotiating licensing rights with major fashion brands, such as Kenneth Cole, Tahari, Ralph Lauren and others.
2008
Asset Manager - Apartment Complex Reorganization
Representation of the asset manager for an investment bank in obtaining confirmation of a plan of reorganization jointly filed by our client, as secured creditor, and the debtor, resolving a case involving competing plans of reorganization. The confirmed plan provides for the debtor to repay 25% more than it had sought to pay, and at a higher interest rate over a shorter period.
2008
Real Estate Developer - Inclusionary Housing
Representation of a real estate developer in negotiating an inclusionary contract with the New York City Department of Housing Preservation and Development that permits the developer to construct a 25-unit affordable housing project and sell inclusionary zoning development rights.
2008
Antibiotic Manufacturer - Trademark Litigation
Representation of the leading manufacturer of generic antibiotic ointments and creams in a litigation brought by a competitor under the Lanham Act, challenging the client's packaging of a private-label triple antibiotic ointment manufacturer for major retail chains, including CVS, Walgreens, Rite Aid, and Target. (Prior firm experience)
2006-2008
Waterfront Property Owner - Generating Facility Litigation
Representation of the owner of a waterfront property in Greenpoint, Brooklyn, along with other Greenspoint/Williamsburg property owners, the City of NY and local community groups, in a successful New York State Department Sitting Board case against Transgas Energy's proposed generating facility on the waterfront in Williamsburg, Brooklyn.
2008
Chief Technology Officer - Employment Agreement
Advise a Chief Technology Officer on his employment agreement in connection with the acquisition of his company by a major worldwide entertainment entity.
2008
Real Estate Planning and Development Company - Green Building Rezoning
Representation of a real estate planning and development company in rezoning one side of a stretch of East 124th Street in Harlem, New York, to permit construction of a 180+ unit residential building that meets LEED construction standards. 20% of the building's apartments are affordable for low income residents.
2008
Real Estate Investor - $25 Million Mine Investment
Representation of a New York-based real estate investor in a joint venture with a Florida developer to develop a limestone and lime rock mine.
2008
Asset Management Company - Acquisition Joint Venture
Representation of a major asset management company in its joint venture with a real estate investment firm to purchase 370 Columbus Avenue.
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
Berry-Hill Galleries - $20 Million Mortgage
Representation of Berry-Hill Galleries, a prominent New York art gallery, in a $20 million mortgage secured by the company's real estate. (Prior firm experience)
2008
RFR Holdings - Salander-O'Reilly Galleries Bankruptcy
Representation of RFR Holdings, LLC, the landlord for the Salander-O'Reilly Galleries, which was in Chapter 11. Filed motion for relief from stay and successfully obtained possession of leased premises for landlord. (Prior firm experience)
2008
Intelsat - Verestar Bankruptcy
Representation of Intelsat Ltd. in connection with its $15 million of unsecured claims and defended $3.5 million of preference claims, which were resolved through negotiation on favorable terms to Intelsat. (Prior firm experience)
2008
Broker/Dealer - Breach of Contract Litigation
Representation of a registered broker/dealer against a former employee’s claim for breach of contract, including a non-solicitation provision.
2008
Broker/Dealer - Non-Solicitation Dispute
Representation of a registered broker/dealer in defending an action for a temporary restraining order brought by a competitor seeking to restrain our client’s brokers from contacting their respective clients.
2008
Assisted Living Facility - Employment Issues and Audit
Representation of an assisted living facility in employment issues and a Department of Labor audit.
2008
Developer - $105 Million Office Building Conversion
Representation of a developer in the acquisition and financing of a commercial building in Chelsea, Manhattan, and its conversion to a mixed-use retail/residential building, the sale of the commercial unit, and the condominium offering of the residential units.
2008
Private Equity Fund - Sub-Prime Fund
Representation of a private equity fund in the formation of, and initial investment in, an international opportunity fund that will purchase troubled residential home mortgages, including sub-prime residential home mortgages, and work with each individual borrower to modify the terms so that they are affordable. The fund will then package or securitize the performing mortgages. The operations for this fund may very well be the first large scale private sector cure to the sub-prime debacle and reflects the private sector response advocated by the Chairwoman of the FDIC.
2008
French Pharma Company - Development Agreement
Representation of a France-based pharmaceutical manufacturer with proprietary drug delivery technology in a collaborative and development agreement of a generic pharmaceutical product to be marketed in the United States.
2008
National Food Products Co. - Criminal Anti-trust Investigation
Representation of a prominent national food products company in a criminal price fixing investigation by the U.S. Department of Justice. Convinced the government not to charge the company.
2008
Onyx Equities, LLC - Portfolio Refinance
Representation of Onyx Equities, LLC in a multi-million dollar mortgage loan to refinance a portfolio of 11 properties in New York, New Jersey, Pennsylvania and Florida, which were acquired with mezzanine debt.
2008
Real Estate Investor - Apartment Building Acquisition
Representation of an investor in its acquisition and financing of a 152-unit apartment building in Cincinnati, OH. It was the investor's first major acquisition and a number of Herrick attorneys participated in the capitalization of the venture.
2008
Treetop Development, LLC - Acquisition and Flip
Representation of Treetop Development, LLC in the multi-million dollar sale of a property in Brooklyn, and the flip of the contract for the purchase of a neighboring property.
2008
Joint Venture - Financing
Representation of a joint venture in a $30+ million financing. The loan is secured by 30 residential condominium units.
2008
Real Estate Investment Firm - Refinancing
Representation of a real estate investment firm in a $160 million loan to refinance a portfolio of over 40 properties in New York City and Jersey City.
2007-2008
Small Bone Innovations - Private Placement
Representation of Small Bone Innovations in a private placement of approximately $11 million of Series C Preferred Stock.
2008
Real Estate Management Company - Tax Protection Dispute
Representation of a real estate management company in defending against a multi-million dollar claim that it breached a tax protection agreement with a property owner that contributed an office building to the partnership. The property owner claimed that the tax protection agreement was triggered by the real estate company's merger with another company.
2008
The Witkoff Group - Sale of Excess Development Rights
Representation of The Witkoff Group and its partners in the sale of excess development rights appurtenant to 22 Park Place and 21 Barclay Street.
2008
Product Manufacturer - Class Action
Representation of a product manufacturer in federal class action involving claims of consumer fraud and product liability.
2008
Securities Finder - SEC Investigation
Representation of securities finder in a joint U.S. Attorney and SEC action alleging fraud in connection with securities lending.
2008
Executive Recruitment Agency - Favorable Settlement
Representation of a former fifty percent owner of an executive recruitment agency in litigation regarding business divorce, which resulted in a favorable settlement.
2007
Religious Corporation - Control Dispute
Representation of the interests of an heir to the leadership of a major religious corporation in fending off a challenge from a rival faction for control of the community's institutions and organizations. In the Matter of Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 541 (2d Dep't 2006), aff'd, 9 N.Y.3d 282 (2007) and Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar Inc., 31 A.D.3d 480 (2d Dep't 2006)
2007-2008
Drug Developer - Drug Marketing and Distribution
Representation of a scientist/developer of a new drug product licensed to a specialty drug manufacturer for the further development, marketing and distribution in the United States, and in exploring other international business opportunities.
2007
Telecommunications Company - Asset Sale
Representation of a telecommunications company, a long-term client, in the sale of its assets and associated entities to an affiliate of a large public company for more than $100 million plus a 25% interest in the newly formed entity. This was a difficult transaction with a complicated structure; some assets were held in the Dominican Republic and subject to local regulations and approvals prior to the sale, and the seller’s business was regulated by the U.S. Federal Communications Commission.
2007
TV Executive - Executive Employment Contract
Representation of a top executive of a publicly held cable television company in their executive employment contract negotiation.
2007
Lightstone Group - Executive Compensation Agreements
Representation of one of the country’s largest privately held real estate companies in negotiating and drafting executive employment agreements, including restrictive covenant analysis.
2007
Fitness Center - Employment Litigation
Representation of a New Jersey fitness center in its severance agreements and employment disputes, including an action for wrongful termination based on disability.
2007
Managing Director - Executive Compensation Agreement
Representation of the managing director of a full-service global investment banking and securities firm in negotiating an executive contract, including stock options and analysis of restrictive covenants.
2007
Marathon Quik Park - Joint Venture
Representation of Marathon Quik Park, one of New York's leading parking operators, in connection with a joint venture with a major rental apartment developer for the construction of a mixed-use garage and residential development in New York's garment district.
2007
Money Center Bank - $125 Million Facility
Representation of a money center bank, as agent, in a $125 million syndicated senior secured credit facility of a large employee-owned company that manufactures equipment for refining and other heavy industries.
2007
Money Center Bank - Mortgage Sale
Representation of a money center bank in the sale of a mortgage loan made to a not-for-profit private community hospital.
2007
Newspaper Editor - Termination
Representation of the former editor of a major New York newspaper in connection with his termination.
2007
Spinback - Start-Up
Representation of Spinback, Inc., an internet company focusing on business-to-consumer sales through social web sites and blogs, in its start-up, including preparing a private placement memorandum. (Prior firm experience)
2007
Joint Venture Principal - Resort Condo Acquisition
Representation of one principal of a joint venture in connection with the venture’s acquisition from another of its principals of a resort condominium in Deer Valley, Utah. In connection with the acquisition and future development of the resort, the joint venture also obtained up to $212 million in construction financing.
2007
Morris Canal Community Redevelopment Association - Development Joint Venture
Representation of Morris Canal Community Redevelopment Association in connection with a joint venture with a for-profit developer on various properties in Jersey City, New Jersey worth in excess of $50 million. (Prior firm experience)
2007
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.
2007
Money Center Bank - $15 Million Facility
Representation of a money center bank in a $15 million secured revolving term loan credit facility involving a recapitalization of a professional media graphics solution provider.
2007
Money Center Bank - $20 Million Facility
Representation of a money center bank in a $20 million senior secured credit facility of a financial advisory firm and international management consultants and its U.S. affiliates.
2007
Developer - Complicated Loan Acquisition
Representation of a major New York developer in its acquisition of a senior mezzanine loan and a junior mezzanine loan secured by pledges of the direct and indirect equity interests in the owner of a Manhattan commercial building. The transaction also involved negotiating an intercreditor agreement with the existing mortgage lender, amending the existing mortgage loan and mezzanine loans, and negotiating a related joint venture agreement.
2007
Real Estate Merchant Bank - Georgia Outlet Center
Representation of a New York real estate merchant bank in its acquisition and financing of a retail outlet center in Lake Park, Georgia.
2007
Securities Trader/Broker-Dealer - Investigations
Representation of the principal of a securities trader/broker-dealer in connection with investigations by the New York State Attorney General and the SEC into mutual fund trading practices including market timing and late trading.
2007
European Insurer - Filling the Gaps
Representation of a European insurer in drafting an insurance policy for a large French food product company with worldwide operations. The policy covers certain risks not covered by the insured's other insurance policies, such as business interruption losses arising from an act of terrorism resulting in the contamination of the insured's food products.
2007
European Insurer - Chunnel Policy
Representation of a European insurer in structuring an aggregate declared risk capacity contract under which the insurer will provide insurance capacity to one of the world's leading engineering and construction companies for certain lines of insurance, including a cost overrun insurance program for the Channel Tunnel Rail Link.
2007
Weapons Manufacturer - Leveraged Recapitalization
Representation of a leading military small arms manufacturer in a leveraged recapitalization involving an investment and concurrent mezzanine financing and an amendment to the senior credit facility.
2007
Fast Food Chain Franchisee - Restaurant Sales
Representation of one of the largest franchisees of a well-known international fast food chain in its real estate, employment, corporate, litigation and insurance matters, including the sale of numerous New York metropolitan area locations.
2007
Futures Broker - CFTC Investigation
Representation of a futures commission merchant in a CFTC investigation arising from a $200 million fraud perpetrated by a hedge fund manager and commodity pool operator who hid trading losses.
2007
Retail Brokerage - NASD Investigation
Representation of a retail broker of a national retail brokerage firm in a NASD investigation alleging numerous sales practice violations in connection with customer accounts. No charges were instituted after the filing of a Wells submission.
2007
National Retail Brokerage Firm - Arbitrations
Representation of a national retail brokerage firm and its employees in over 75 arbitrations alleging various sales practice violations.
2007
Senior Executive - U.S. Attorney/SEC Investigation
Representation of a senior executive of a national retail brokerage firm in a joint U.S. Attorney/SEC investigation relating to market timing activities. No charges were instituted against the executive.
2007
Executive - SEC Investigation
Representation of an executive of a national retail brokerage firm in a joint U.S. Attorney and SEC action alleging fraud in connection with securities lending.
2007
Major National Mortgage Acquirer - Foreclosure
Representation of a major national mortgage acquirer in its foreclosure on a mortgage loan made to the owner of a Chicago apartment complex, and in its enforcement of a lien on personal property.  The borrower contested our lien and we used a sophisticated argument to win the case on a motion for summary judgment. 
2007
Apparel Designer/Manufacturer - Purchase
Representation of an offshore apparel designer/manufacturer in the purchase of a US fashion designer.
2007
Telecommunications Company - Out of Court Wind-Down
Representation of a mobile virtual network operator (MVNO) with respect to the wind-down of its operations and negotiated settlements with numerous creditors.
2007
Lehman Brothers Real Estate Partners - Summerfield Suites/Bradford Suites
Representation of Lehman Brothers Real Estate Partners in connection with its sale of six Summerfield Suites hotels and its interest in the Summerfield Suites franchise brand, as well as its acquisition and financing of nine (and subsequent sale of three) Bradford Suites hotels.
2007
Joan Dangerfield - Ownership Dispute  
Representation of Joan Dangerfield, widow of Rodney Dangerfield, in recovering her equity interest in her deceased husband’s corporation, the comedy nightclub Dangerfield’s.
2007
Produce Company - FLSA Class Action Defense
Representation of a major produce company in successfully resolving and thwarting a FLSA class action.
2007
Luxury Candy Retailer - Co-Branding and Supply Agreement
Representation of a well-known New York City candy retailer in negotiating an exclusive co-branding and supply agreement with a famous contemporary clothing company.
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
Title Insurer - Frivolous Claim Defense
Defended a title insurer in an action by a property owner seeking title insurance coverage. The court found the owner's damages to be attributable to its own actions, and impressed sanctions against the owner and its counsel, which included attorneys' fees, for prosecuting frivolous litigation.
2007
Money Center Bank - $75 Million Facility
Representation of a money center bank in a $75 million unsecured uncommitted credit facility to a clearing house operator for national and international broker-dealers.
2007
Private Bank - $100 Million Credit Facility
Representation of a private bank as a facility agent in a $100 million credit facility to an Israeli company that owns interests in financial institutions, real estate and infrastructures, sustainable investments, technology and industrial activity. The company used the proceeds to finance outstanding loans and for working capital purposes. The transaction was structured to minimize withholding taxes required under Israeli law and to allow for additional lenders.
2007
Investment Bank - Music Publisher Acquisition
Representation of an investment bank in its potential acquisition of a major music publishing company - the largest transaction in the history of the music publishing industry.
2007
Publishing Company - Super Hero Licensing
Representation of a major publishing company in the licensing of classic superhero properties to a film studio.
2007
Movie Director - Studio Litigation
Served as expert witness to a top motion picture director in litigation with a major studio over profits accounting.
2007
Commercial Bank - Medical Services Company Financing
Representation of a commercial bank as the sole lender in a $35 million senior secured credit facility (consisting of a $25 million term loan facility and a $10 million revolving facility with a sub-limit for letters of credit) to a company that provides services and products to medical practices that specialize in the infertility industry and varicose veins industry. The borrower's services including finance, administration, information systems, marketing and research. The borrower will use the proceeds to finance the acquisition of a varicose vein clinic company, to refinance and repay existing debt, and for working capital purposes.
2007
Marathon/Reckson Executive Joint Venture - SL Green/Reckson Merger
Representation of a joint venture between Marathon Real Estate Opportunity Fund and senior Reckson executives in six separate transactions in the multi-billion dollar merger between SL Green and Reckson Associates Realty Corp., including an asset acquisition, the formation of a joint venture, two acquisition financings, an asset sale, and a mezzanine financing.
2007
Real Estate Joint Venture - Complex Construction Financing
Representation of a joint venture in obtaining complex construction and mezzanine loans for the development of several high-end residential luxury apartments in the Tribeca neighborhood in New York.
2007
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.
2007
Digital Entertainment Technology Company - Licensing Program
Representation of a digital entertainment technology company in devising and implementing a digital lyric licensing program. This program is the first time the music publishing industry has monetized this IP asset.
2007
Family Partnership - Residential Development JV
Representation of a family partnership in their joint venture with a special opportunity investment firm to develop a high-end residential building in near Brooklyn College.
2007
American Marine Holdings - $35 Million Refinancing  
Representation of American Marine Holdings in connection with the refinancing of a Fleet Capital loan with a new $35 million loan from First Capital, LLC. (Prior firm experience)
2007
Grace Industries - Bankruptcy Acquisition
Representation of the successful bidder for Grace Industries, a New York City-based asphalt contractor. Negotiated the purchase agreement with the debtor and the creditors' committee and obtained bankruptcy court approval for the transaction. (Prior firm experience)
2007
Berry-Hill Galleries - Chapter 11
Representation of equity holders of a prominent New York art gallery in connection with the negotiation and documentation of a Chapter 11 plan and exit financing, including a $35 million exit financing facility. (Prior firm experience)
2007
Prime Outlets - Retail Center Refinancings
Representation of the Prime Outlets Company in refinancing several outlet retail centers throughout the U.S.
2007
Youngwoo & Associates - Condo Development With In-Apartment Parking
Representation of Youngwoo & Associates LLC in developing a unique residential condominium building in New York's West Chelsea neighborhood, which features full-floor units with a parking facility for a car at each level. We advised on the land acquisition, construction financing and zoning issues.
2007
Youngwoo & Associates - Art Gallery Condo Development
Representation of Youngwoo & Associates LLC in developing a 16-story condominium in New York's West Chelsea neighborhood. The building is designed to be an art gallery, and our work included loan and air rights acquisition and construction loan financing.
2007
Sports Technologies - Formation and sale of FanNation.com
Representation of Sports Technologies, Inc. in its formation and initial capitalization and subsequent development of FanNation.com, one of the first fantasy sports community websites.  Subsequent representation of the company in its first licensing deal with Sports Illustrated. Four months into a year-long licensing deal, Sports Illustrated purchased FanNation.com from Sports Technologies. The FanNation.com transaction remains as one of the watershed deals in the sports media technology space. (Prior firm experience)
2007
Honeywell - North American Refractories Bankruptcy
Representation of Honeywell in the Chapter 11 proceedings of North American Refractories Company, an asbestos case. The plan of reorganization for NARCO was confirmed in 2007; it is currently on appeal to the United States District Court for the Western District of Pennsylvania. (Prior firm experience)
2007
Woolworth Building - Condominium Conversion and Financing
Representation of the owners of New York's famous Woolworth Building in the division of the building into two condominium units and separate financing for each unit.
2007
Real Estate Developer - Mid-Town Manhattan Assemblage and Financing
Representation of a high-profile developer in assembling a development site in midtown Manhattan, including the acquisition of fee parcels, development rights, zoning rights and easements.
2007
Real Estate Developer - Inclusionary Zoning
Representation of a developer in negotiating a contract to purchase inclusionary zoning bonuses for a residential building in Williamsburg, Brooklyn.
2007
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.
2007
Talent Management Services - Former Employee/Shareholder Litigation
Representation of a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
2007
Private Equity Fund - Employment Contracts
Representation of a private equity fund in drafting executive employment contracts in connection with the company's acquisition of a holding company engaged in various insurance and reinsurance businesses.
2007
Garment Manufacturer - Employment Litigation
Representation of a garment manufacturer in a lawsuit by a former employee claiming discrimination based on perceived sexual orientation and a hostile work environment. We continue to represent the company in all aspects of its employment disputes, including contracts and risk management. We also conduct periodic sensitivity training for its staff.
2007
Veterinarian - Wrongful Termination Suit
Representation of a veterinarian in her wrongful termination claim against her employer based on disability.
2007
Art and Antiquities Dealer - Conversion Action
Representation of a London-based art and antiquities dealer in a conversion action seeking the return of a rare and valuable stone table consigned to and auctioned by an auction house in New York.
2007
Asset Manager - Senior Living Facility Foreclosure
Representation of an asset manager for an investment bank in foreclosing on, and taking possession of, a senior living facility encumbered by a deed of trust that our client obtained at a HUD auction sale of distressed debt. We obtained possession in less than sixty days, an extremely fast result in these cases.
2007
Loan Servicer - Nursing Home Sale
Representation of a servicer for a holder of a defaulted mortgage loan in orchestrating the sale of a nursing home facility in bankruptcy after existing management refused to continue managing the facility. After the sale, the Chapter 11 trustee moved to compel our client to pay all unpaid post-trustee appointment administrative claims. The bankruptcy court in Indianapolis agreed with our argument that the financing stipulation we negotiated for our client with the trustee precluded the trustee's motion, saving substantial out-of-pocket costs.
2007
Consumer Products Manufacturer - Wrongful Termination
Representation of an international consumer products manufacturer in a Federal Bankruptcy action by a public relations firm for wrongful termination and breach of contract. After a trial on the merits, all claims against our client were dismissed.
2007
Commodities Broker - Dismissal of Class Action
Representation of a major commodities broker in a class action brought in a Florida state court.  The plaintiffs were investors in a foreign exchange hedge fund whose principal perpetrated a multi-million dollar fraud.  The investors alleged that our client, which executed trades on behalf of the fund, violated Florida blue sky laws and aided and abetted the fraud. After twice dismissing the complaint and granting plaintiffs leave to replead, the court finally dismissed all claims with prejudice and awarded our client its costs and attorneys' fees. The appellate court affirmed.
2007
Tire Manufacturer - Antitrust Litigation
Representation of a tire manufacturer in successfully defending an antitrust suit brought by an authorized dealer claiming that the manufacturer failed to make a tire available to the dealer that it made available to other authorized dealers.
2007
Securities Broker - State Regulatory Proceeding
Representation of a securities broker in a regulatory proceeding brought by the New Jersey Bureau of Securities alleging unregistered and unauthorized transactions.
2007
Independent Broker-Dealer - State and NASD Litigation
Representation of a national independent broker-dealer in a New York State civil litigation and in a related NASD arbitration against former employees to recover fees and restitution payments made by the firm as a result of the misconduct of its former employees.
2007
Securities Broker - Termination Disclosure Inquiry
Representation of a securities broker in an NASD regulatory inquiry relating to his termination disclosure concerning alleged forgery of customer signatures on new account forms.
2007
Retail Brokerage - NASD Arbitration
Representation of a national retail brokerage firm in an NASD customer arbitration alleging sales practice violations.
2007
Institutional Lender - Not-For-Profit School Financing
Representation of an institutional lender in term, construction and revolving credit facilities to a not-for-profit school for the arts. The facilities are secured by prime and collateral mortgages on properties in California and New York.
2007
Developer - Purchaser Formation and Financing
Representation of a developer in forming and capitalizing a purchaser, and in the $60 million acquisition and leasehold financing of a master lease of the retail space at 1657 Broadway, Manhattan, including rights of first refusal for the fee interest.
2007
Commercial Bank - New Markets Tax Credit Financing
Representation of a commercial bank in connection with a New Markets Tax Credit financing arrangement under the New Markets Tax Credits Program authorized by the Community Renewal Tax Relief Act of 2000. The bank made a term loan to and an equity investment in, an SPV, which used the proceeds to make an equity investment in a "community development entity" ("CDE"). The CDE then made a loan to, and an equity investment in, a "qualified active low income community business." The business used the proceeds of the loan to acquire and develop property at 126th Street and Lexington Avenue, Manhattan.
2007
Commercial Lender - Airport Concessionaire Financing
Representation of a commercial lender in a $20 million senior secured revolving credit facility (with a sub-limit for letters of credit) to an operator of food concessions (restaurants, bars and food courts) at airports including JFK, LaGuardia, Boston and O'Hare. The borrower used the proceeds of the facility to refinance existing debt and for working capital purposes.
Major Developer - Condo Dispute
Representation of a successor-sponsor in an appeal from a trial court's refusal to designate the roof of a parking garage unit as a common element under the Condominium Act and governing condominium documents.  The condominium argued that the roof, which supported the cooperative corporation's landscaped garden, was entirely the responsibility of the garage owner, and the trial court agreed.  The Appellate Division reversed the lower court and granted summary judgment to the developer.
2007
National Retail Brokerage - NASD Arbitration
Representation of a national retail brokerage firm and its employee in an NASD customer arbitration alleging sales practice violations.
2007
Private Company Officers - SEC Investigation
Representation of officers of a non-public company in an SEC investigation of the company's unregistered offerings. The SEC alleged that the offerings violated various securities laws, but we convinced the SEC's New York Regional Staff to recommend that charges not be brought against these individuals.
2007
National Exchange Department Head - SEC Investigation
Representation of a department head of a national exchange's regulatory division in an SEC investigation into the exchange's failure to enforce its member surveillance program and filing false records with the SEC. The former department head received a cease-and-desist order with no monetary penalties assessed against him.
2007
Real Estate Board of New York - Mitchell-Lama Litigation
Representation of the Real Estate Board of New York in its successful lawsuit against the New York City Council to overturn Local Law 79. The law required owners of Mitchell-Lama housing and housing subsidized by certain federal programs to give a right of first refusal to purchase their projects to tenants, pursuant to an ambiguous and burdensome process. The Court found that the law was preempted by federal and state housing laws, and enjoined the City from enforcing it.
2007
International Lender - Arizona Resort
Representation of an international lender in the senior construction financing of a resort hotel in Tucson, Arizona, that features restaurants, a spa and a luxury residential community with a 27-36 hole PGA golf course, practice facilities and a clubhouse. This project was completed in 2007.
2007
Vision Care Company - Bankruptcy Asset Dispute
Representation of a major national vision care company (a purchaser of a Chapter 11 debtor-franchisor’s assets), in a Bankruptcy Court Adversary Proceeding. The action arose in connection with certain franchisee notes the Chapter 11 debtor previously assigned to a factor as collateral security. On a motion for summary judgment, the court found in favor of the client, declaring it (rather than the factor) to be the rightful owner of franchisee notes and that the client was entitled to recover the residual value of the notes from the factor. (In re Sterling Optical Corp., 371 B.R. 680 (Bankr. S.D.N.Y. 2007).) (Prior firm experience)
2007
Investment Bank - Resort Financing
Representation of an investment bank in providing senior acquisition financing for a beachfront resort in Bermuda and resort hotel in Santa Fe, New Mexico.
2007
MGM Transport - Sale of the Company
Representation of stockholders of MGM Transport Corporation, a nationwide furniture trucking and warehouse company based in High Point, NC, in connection with their sale of MGM to CF Holding Company, Inc.
2007
Foreign Lender - Loan Restructuring
Representation of a foreign lender in the restructuring of a $150 million mezzanine loan to an investment fund, including re-capitalization of certain fund platforms and the sale of certain fund assets. 
2007
Major Paint Manufacturer - Lead Paint Nuisance Claim
Successful defense of a major paint manufacturer in a suit in which the New Jersey Supreme Court held that a public nuisance claim brought by 26 cities and counties seeking lead paint abatement and healthcare costs failed as a matter of law.
2007
Consumer Products Manufacturer - Product Liability
Defense of a major international consumer products manufacturer in actions arising from misuse of personal care products.
2007
Artimus Construction - Acquisition/Sale
Representation of Artimus Construction in the acquisition of vacant land from a Harlem church for the development of 161 condominium units and a for-profit parking garage in exchange for building and selling back to the church a sanctuary and income producing apartments.
2007
AEW Capital Management, L.P. - Refinance
Representation of AEW Capital Management, L.P. in an multi-million dollar Fannie Mae mortgage refinancing of a mortgage loan for The Brookside—a 149-unit senior housing campus consisting of 130 assisted living units and 19 Alzheimer's/memory care units in Freehold, NJ. We produced a legal opinion required by Fannie Mae regarding licensing, permits and special zoning specific to the senior housing project in a short timeframe.
2007
Tenant Garage Operator - Summary Judgment
Representation of a tenant garage operator in an action commenced by a landlord in Supreme Court, New York County that alleged that the tenant was negligent in the garage's maintenance and, as a result, it had to be renovated. The action was dismissed upon the court's granting of the tenant's summary judgment motion.
2007
Lightstone Group - Shopping Center Finance
Representation of the Lightstone Group in an almost $58 million acquisition and construction loan for a shopping center development adjacent to a Prime Outlets center in Williamsburg, VA.
2007
Investor Group - Acquisition
Representation of an investor group in its acquisition of QuikPark, New York City's fifth largest parking garage portfolio. 
2007
Hale House Center Inc. - Loan
Representation of Hale House Center Inc. in a loan secured by its headquarters at 152 West 122nd Street.  The loan will be used to fund and expand certain child care residences and learning centers operated by Hale House. 
2007
Commodities Broker - Civil Litigation
Representation of a leading futures and options broker in a civil litigation stemming from a $200 million fraud perpetrated by a hedge fund manager.
2007
Major Developer - Shopping Center Refinancing
Representation of a major developer in a multi-million dollar loan from a well-known financial institution, secured by four retail centers in Pennsylvania.
2007
Garrison Investment Group - Lending
Representation of Garrison Investment Group in a $19 million mortgage loan, secured by two hotels in Hialeah, Florida.
2007
Orange Management - Sale/Joint Venture
Representation of Orange Management in the sale of 22 Renwick Street to a new entity in which our client retained an interest, and in connection with the negotiation of the joint venture agreement for the acquiring entity.  We had previously represented Orange in the acquisition and financing of this property in 2005 and in the acquisition of development rights for this property.
2007
Private Equity Fund - Premium Finance Credit Facility
Representation of a major private equity fund in the structuring of a $35 million revolving credit facility for a major life insurance premium finance company.
2007
Jared Kushner - New York Observer Acquisition
Representation of Jared Kushner in his acquisition of a controlling interest in The New York Observer, a New York-based weekly newspaper focusing on the city's culture, real estate, media, politics and the entertainment and publishing industries.
2007
SportsNet New York - Term Loan Facility
Representation of a major regional sports network in a $200 million syndicated term loan facility and related joint venture matters with its two major cable television joint venture partners.
2007
Private Equity Fund - Real Estate Joint Venture
Representation of a major private equity fund in a $50 million joint venture with respect to the development and financing of real estate projects primarily in New Jersey.
2007
Inverness Medical Innovations - Acquisition
Representation of Inverness Medical Innovations, a publicly traded medical device company, in its stock acquisition of a manufacturer and distributor of home testing medical products.
2007
Professional Sports Franchise Affiliates - Stadium Financings
Advice to affiliates of National Football League franchises regarding financing issues for the construction of new stadium.
2007
Commercial Bank - Cross-Border Mortgage Dispute
Representation of a commercial bank in connection with a claim by a French entity that it held a commercial mortgage that was senior to our client's $23 million mortgage on a Manhattan hotel. The trial court entered a $242 million judgment of foreclosure in favor of the French entity which, if executed, would have extinguished our client's mortgage lien. On appeal, the Appellate Division reversed the trial court's decision and vacated the foreclosure judgment. We subsequently helped resolve the dispute with our client receiving payment in full.
2007
Financial Services Firm - FINRA Arbitration
Representation of a major financial services firm and one of its brokers in an arbitration brought by three customers seeking over $20 million in damages. Following 16 days of hearings before a FINRA panel, the customers received an award (less amounts awarded on our client’s counterclaim) of $28,430. The panel granted the broker’s request for an expungement of the matter from his CRD record.
2007
Arch Specialty Insurance - Sub-Prime Auto Loan Coverage Dispute
Representation of Arch Specialty Insurance Company in a dispute with a former general agent over the agent's handling of a financial product. The product provided limited insurance coverage for banks and credit unions extending sub-prime automobile loans throughout the United States.  Questions arose over the placement of certain coverage, the terms of the coverage and the actions of the agent which required Arch to take positions it would not otherwise have taken. Arch sought compensation from the agent, which we achieved during a week-long arbitral hearing in Virginia.
2007
Shoe Company - Expansion
Representation of a major U.S. men’s shoe company in its expansion into high-end shopping centers throughout the country.
2007
Bain v. Silverpoint - International Finance Dispute
Representation of the owner of an Estonian galvanized steel plant known as Galvex in his dispute with Silverpoint, a hedge fund. The owner sued Silverpoint for breach of an agreement permitting the owner to sell or restructure the plant's debt, and promising to pay the owner millions of dollars. Silverpoint moved to dismiss the case on jurisdictional and forum non conveniens grounds, but Herrick defeated the motion and the litigation proceeded to a satisfactory conclusion in New York. (Bain v. Silverpoint (Slip Op. N.Y. Co. 2007))
2007
Lincoln Square Synagogue - Property and Development Rights Exchange
Representation of the Lincoln Square Synagogue in connection with an exchange of property and development rights that enabled the development of the largest synagogue in Manhattan since the 1920's. Our work on this matter helped the deals' brokers to be named "The Year's Most Ingenious Brokers" by REBNY.
2007
IBE Trade v. Litvinenko - International Litigation Over Privatization
Representation of IBE Trade, an international manufacturer and trader of fertilizers, in a complicated case involving the theft by an employee of an entire factory. IBE Trade purchased the factory from the Bulgarian government as part of a privatization program. An IBE employee named Litvinenko then conspired with rogue elements in Bulgaria to fraudulently seize control of the plant, stripping IBE of its ownership interest.
2007
Iqbal v. Five M. LLC - Finger Building Dispute
Representation of Iqbal LLC in a hard-fought and much-publicized battle between developers over the controversial "Finger Building" in Williamsburg, Brooklyn. Herrick won a decisive victory, forcing the defendants to reduce the size of their proposed building by six stories in height -- a major victory that tipped the balance in that litigation. (Iqbal v. Five M. LLC (Slip Op. Kings Co. 2007))
2007
Creative Kids Enrichment, LLC v. Yorktown Office Warehouse, LLC - Lease Dispute
Representation of a commercial tenant in an action against its landlord seeking damages for the landlord’s failure to comply with a lease provision requiring completion of the building by a date certain. Herrick successfully prosecuted the litigation, and defended and argued an appeal, with the client ultimately winning both that appeal and the trial seeking lost profits and other extensive damages. (Creative Kids Enrichment, LLC v. Yorktown Office Warehouse, LLC, 838 N.Y.S.2d 149 (2nd Dep’t 2007))
2007
RM 14 FK Corp. v. Bank One Trust Company - K-Mart Mortgage Dispute Appeal
Representation of a title insurer in its appeal of a trial court’s decision permitting a litigant to proceed with its claim seeking to void $30 million in mortgages, held by Merrill Lynch, encumbering 14 K-Mart stores throughout the US. The Appellate Division unanimously reversed the lower court, granting summary judgment for our client. (RM 14 FK Corp. v. Bank One Trust Company, 831 N.Y.S.2d 120 (1st Dept. 2007))
2007
Textile Company - Sale
Representation of a producer and distributor of flame adhesive laminated textiles, in connection with the sale of substantially all of its assets.
2007
Financial Institution - Fund Management
Representation of a major financial institution in the management of a registered "fund of managers" and in the distribution of the fund shares through a broker wrap program.
2007
Hersha Hospitality Trust - Holiday Inn Express
Representation of Hersha Hospitality Trust in connection with a ground lease and mezzanine financing for a Holiday Inn Express to be located on West 29th Street in Manhattan, and operated in a joint venture with hotel developer, Sam Chang.
2007
Commercial Bank - Real Estate Investment Company Loan
Representation of a major commercial bank in a $7 million revolving loan facility to seven affiliates of a real estate investment company. The facility, which is subject to a borrowing base, is secured by stock, limited liability company membership interests and certain investment accounts, and is personally guaranteed by the sole stockholder of the co-borrowers.
2007
Real Estate Developers - Mezzanine Facility
Representation of real estate developers in refinancing mezzanine commercial real estate facilities by reverse repurchase facility.
2007
Financial Institution - Breach of Fiduciary Duty Defense
Representation of a large financial institution alleged to have breached its duties to a customer in connection with the diversification of a large account. We litigated the matter to a point where it could be settled through mediation on terms very favorable to our client.
2007
Former CEO - SEC Investigation
Representation of the former CEO of a major fiber optic company in an SEC investigation of accounting irregularities. After a grueling deposition and an in-depth Wells Submission, the SEC determined not to pursue any action against our client.
2007
Unilever - Custom Dry Products Sale
Representation of Unilever in connection with the sale of its Custom Dry Products business to Kerry America, a unit of Kerry Group PLC.
2007
Fulcrum Investment Group - Partnership Dispute
Representation of Fulcrum Investment Group, and its principal, John Morris, as third party marketers of a defunct hedge fund, in successfully extracting itself from a lawsuit between former partners of the fund.
2007
Clarendon National Insurance Co. - Letter of Credit Arbitration
Representation of Clarendon National Insurance Co. in a dispute over the arbitrability of claims concerning a letter of credit. The court granted our motion to dismiss any action on the grounds that certain of the claims were arbitrable and that the plaintiff was not the real party in interest.
2007
Retail Brokerage - NYSE Investigation
Representation of a national retail brokerage firm in claims brought by the Enforcement Division of the New York Stock Exchange relating to proxy procedures used on an industry-wide basis. The case was favorably resolved after discovery.
2007
Cheshire Group - Share Acquisition
Representation of the Cheshire Group in its acquisition of 101 unsold shares of 11 Park Avenue in Mount Vernon, New York.
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
Insurance Company - Employment Contract Arbitration
Representation of an insurance company in an arbitration in which a general agent sued for damages for wrongful termination of contract. We proved that there was no breach of contract and no breach of the customs and usage in the industry.
2007
Real Estate Developer - $217.5 Million Condo Project
Representation of a real estate developer in filing the offering plans for a $217.5 million, 266-unit condominium development project in Greenwich, Connecticut.
2007
Unilever - Custom Frozen Products Sale
Representation of Unilever in connection with the sale of its Custom Frozen Products business to Siméus Foods International, a portfolio company of Levine Leichtman Capital Partners.
2007
Garrison Special Opportunities Fund - Mezzanine Loan Purchase
Representation of Garrison Special Opportunities Fund in their purchase of a $31.5 million mezzanine loan from a large investment bank.  The loan is cross-collateralized and cross-defaulted by 100% of the membership interests in four mortgage borrowers, each owning a commercial office building in Reston, VA.
2007
Sleepy Hudson LLC - Complex Financing Arrangement
Representation of Sleepy Hudson LLC in a multi-million dollar financing arrangement with Links Capital Partners LLC. The financing arrangement included a residential loan on a portfolio of properties, owned by Sleepy Hudson's principals, in New York, Florida and Nevada. The transaction required complex tax and corporate structuring.
2007
The Hersha Group - Multi-Million Dollar Construction Loan
Representation of the Hersha Group in a multi-million dollar construction loan from Anglo Irish Bank Corporation. The loan was used to acquire and design the interior of a hotel unit in a condominium in Brooklyn.
2007
ABD Capital Management - Domestic Fund Restructuring
Representation of a hedge fund in the restructuring of a domestic fund that trades in natural gas futures, weather derivatives and other energy-related commodities. In addition to the fund documents, we advised the manager on amending his commodity pool operator registration exemption with the CFTC and the requalification of the fund's existing investors under the new exemption.
2007
ARC Stone Capital - Indian Equity Markets Fund
Representation of a hedge fund in establishing a master feeder fund to invest in the Indian equity markets. We coordinated and structured offshore and domestic feeder funds investing through a Mauritius master fund, and also implemented sub-advisory arrangements with an Indian based research firm.
2007
The Patriot Group - Acquisition and Pre-Development Loan
Representation of The Patriot Group in an acquisition and pre-development loan to an entity acquiring a rent regulated apartment building at 344 West 14th Street in Manhattan. The borrower intends to deregulate the property and convert the first two floors for retail use.
2007
Garrison Investment Group - Condominium Conversion Project
Representation of Garrison in structuring a $50 million club deal for the re-financing of an Upper West Side condominium conversion project.
2007
American Heritage Communities, Inc. - Assisted Living Facility
Representation of American Heritage Communities as borrower on a term and construction loan facility in connection with the development of an assisted living facility in Reading, PA.
2007
Euristates, Inc. - Romanian Investment
Representation of Euristates, Inc., the New York office of a French investment fund, in acquiring a majority stake in a Romanian investment company.  This representation entailed performing due diligence on the assets of the Romanian company, and negotiating the transaction in Romania.
2007
TD Banknorth - Acquisition and Construction Loan
Representation of TD Banknorth in a loan for the acquisition of two office buildings in East Orange, NJ, and for certain improvements to, and construction costs for, the properties. 
2007
Wachovia Bank - Contaminated Site Acquisition
Representation of Wachovia Bank in its purchase of property on Heller Parkway in Newark from a major oil company. The site is a former gas station and required an extensive environmental analysis by the bank's environmental consultant and Herrick.
2007
Food Products Company - Accounting Fraud Investigation
Representation of the CEO of a food products company in a federal grand jury investigation of accounting fraud at one of the company's customers.
2007
Gottesman Real Estate Advisors - Industrial Facility Acquisition
Representation of Gottesman Real Estate Advisors in its acquisition of a 200,000 square foot industrial facility in Parsippany, NJ.
2007
New Jersey Developer - Mixed-Use Development
Representation of the owner of a 67-acre development site in Wood-Ridge, New Jersey. The development is projected to include single-family homes, townhouses, condominium units, apartments and mixed-use retail.
2007
Bergman Realty - Office Acquisition
Representation of Bergman Realty, one of New Jersey's leading real estate companies, in the acquisition of a lender's 80% interest in an office building complex totaling 167,000 square feet in Whippany, NJ. The buildings are valued at $25 million.
2007
M&T Bank - Nursing Home Financing
Representation of a M&T Bank in a multi-million dollar acquisition loan to a nursing home in Glen Cove, NY.
2007
M&T Bank - Industrial Facility Acquisition Finance
Representation of M&T Bank in a multi-million dollar acquisition loan for the purchase of an industrial facility in Norristown, Pennsylvania.
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.
2007
Hollinger International - Investment Monetization
Representation of Hollinger International, a major international newspaper company which owns more than 400 titles, in connection with its efforts to monetize certain of its venture capital and private equity investments.
2007
Plainfield Asset Management - Asprey
Representation of 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.
2007
French Pharma Company - U.S. Market Entry
Representation of a France-based pharmaceutical manufacturer in structuring its entry into the U.S. market, seeking to reduce or minimize exposure for a business whose principal products have higher-than-average exposure to products liability claims.
2007
Generic Drug Developer - Development Joint Venture
Representation of a generic drug formulation developer with expertise in developing, manufacturing, testing and packaging finished pharmaceutical products, in connection with a joint venture product development agreement, a royalty sharing derived from manufacture, and the distribution of the finished pharmaceutical product.
2007
U.S. Investor - Israeli Clean Tech Fund
Representation of a U.S. investor in Israeli-focused clean technology "green" funds, including the negotiation of side letters.
2007
Private Foundation - Drug Research
Representation of a private foundation in connection with university-sponsored research in China into chemical syntheses and manufacturing of chemical products to make high quality, affordable drug products.
2007
Private Equity Fund - Asset Sale
Representation of a private equity fund in its sale of business assets involving broadcast television licenses.
2007
Medical Practice - Equipment License
Representation of a professional medical practice in connection with the license and turnkey delivery of nuclear cardiology imaging equipment and operation.
2007
Real Estate Company - Tennessee and Louisiana Acquisitions
Representation of subsidiaries of a major real estate company in joint ventures formed with affiliates of an investment bank to acquire shopping malls and commercial real estate in Tennessee and Louisiana.
2007
Major League Baseball Team - Private Placement
Representation of a Major League Baseball team in a private placement of $41 million of variable rate senior notes.
2007
Major League Baseball Franchises - Lending and Debt Restructuring
Representation of several Major League Baseball franchises in a variety of lending and debt restructuring matters, including a $120 million loan payoff, a $40 million restructuring, a $45 million term loan, and a unique $55 million mezzanine facility.
2007
Private Equity Fund - Investments
Representation of Plainfield Asset Management in Series B Round investment and Series C Round investments in a well-known payments system startup company.
2007
Hedge Fund - Music Acquisition Financing
Representation of a Connecticut-based hedge fund and a Wall Street investment bank in connection with their joint acquisition financing and restructuring of a secured multi-draw term loan facility. A portion of the proceeds were used by the borrower, a global music publisher, to acquire an interest in the song catalogs of Kurt Cobain, John Lennon, Daryl Hall & John Oates; Holly Knight, an accomplished musician and songwriter who has written hits for Tina Turner, Pat Benatar and Aerosmith; Six Degrees; Blue October; The Matrix; and Daniel Johnston, among others.
2007
World-Wide Group - Acquisition/Financing/Lease
Representation of World-Wide Group in the acquisition and financing of 209-217 East 63rd Street in New York City from Manhattan Eye, Ear and Throat Hospital ("MEETH"). The hospital was subdivided into separate tax lots, and World Wide purchased the MEETH annex on 63rd Street and Third Avenue. The acquisition was financed by a $36 million mortgage loan from Helaba. Concurrent with the acquisition, we represented World Wide in a lease with The New York City School Construction Authority, which was then assigned to the Board of Education of the City of New York.  The property will be developed by World-Wide as a temporary facility for the public schools that will be demolished and rebuilt by World-Wide in their ongoing project on 57th Street. 
2007
Pantheon Properties - Printing and Warehouse Facility Acquisition and Lease
Representation of Pantheon Properties in the acquisition of a printing and warehouse facility in Brunswick, NJ, from Vertis, Inc. We also negotiated the terms of three lease agreements whereby Vertis net-leased the property from our client for varying terms.
2007
Recording Artist and Music Publisher - Digital Copyright Infringement
Representation of a recording artist and an international music publishing company in a federal court action for copyright infringement involving digital sampling of a sound recording.
2007
Small Bone Innovations - Medical Device License
Representation of Small Bone Innovations in the exclusive license of the "Hexapod," a lower limb fixation product, from Litos Gmbh.
2007
Commercial Bank - Credit Facility
Representation of a leading commercial bank as the sole lender in a senior secured term credit facility to an investment manager of three real estate opportunity funds. The transaction required amending a previous facility to coordinate the payments, conditions and covenants of the two facilities.
2007
R6 Capital Management - PIK Loan
Representation of R6 Capital Management L.P. in a $15 million PIK loan to Sports Capital Holdings (St. Louis) LLC, the owner of the St. Louis Blues Hockey Club. The loan, which is fully subordinated to a syndicated revolver and term loan, required the consent of the National Hockey League and the lenders under the senior syndicated facilities.
2007
Investment Bank - $156 Million Hotel Construction Financing
Representation of major U.S. investment bank in the $156 million senior construction financing of a hotel condominium resort in Telluride, Colorado.
2007
Real Estate Developer - $150 Million Condominium Business
Representation of a developer in creating a $150 million condominium regime on a mixed-use property in Queens for the sale of tax credits associated with on-site low-income housing.
2007
Investment Bank - $250 Million Construction Loan Syndication
Representation of an investment bank in syndicating a $250 million construction loan originally held as a portfolio loan, and in converting a portion of the loan to mezzanine financing.
Wholesale Food Company - Wrongful Termination Litigation
Representation of a family-owned wholesale food company against claims for wrongful termination and constructive discharge asserted by a family member/principal.
2006-2007
Manufacturer - Sexual Harassment Mediation
Representation of a manufacturing company in the successful mediation of claims for sexual harassment and constructive termination.
2006
Garment Industry Executive - Employment Contract
Representation of a top executive at a well-known garment designer in contract negotiations and subsequent severance package.
2006
New York City Restaurant - Employment Issues and Audit
Representation of a famous New York City restaurant in employment issues and a Department of Labor audit.
2006
Director - Executive Compensation Agreement
Representation of a director of a full-service global investment banking and securities firm in negotiating an executive contract including stock options and restrictive covenants.
2006
Corporate Restructurings
Representation of special committees, CEOs and companies in corporate recapitalizations and restructurings.
2006
Condominium Developer - Construction Financing
Representation of one of Florida’s largest condominium developers in a $300 million construction loan facility for eight condominium projects together with a corporate restructuring and a simultaneous $90 million buyout of a major joint venture partner.
2006
Data-Com Telecommunications - Business Divorce
Representation of a 50% shareholder of a large regional telecommunications company in its business divorce.
2006
Bondee Enterprises - Mina Fuel Acquisition in Bankruptcy
Representation of Bondee Enterprises Inc. in its acquisition of the assets of Mina's Fuel Oil Co., Inc. and Big City Petroleum Transport, Inc., New York based distributors of home heating oil and service.
2006
Nathan Berman/Downtown Holdings - Helaba Construction Loan
Representation of a joint venture between Nathan Berman and Downtown Holdings LLC in an $88 million construction loan from Helaba.
2006
Urgo Hotels - Residence Inn - Inner Harbor Sale
Representation of Urgo Hotels, a global specialist in developing and managing hospitality properties, in connection with its sale of the Residence Inn-Inner Harbor in Baltimore, Maryland. We also represented Urgo in the sale of the Hilton Garden Inn in Washington, D.C.
2006
Global Investment Bank - Hotel Brand Transactions
Representation of a global investment bank in its acquisition—and subsequent sale—of a national business-class hotel brand.
2006
Euristates - Boston Development Joint Venture
Representation of Euristates, Inc. in connection with its joint venture with a Boston developer for construction of a residential condominium complex. We also represented the joint venture in connection with construction financing for the project.
2004-2006
Developer - Czech Republic Golf Resort
Representation of a developer in a project to build a golf resort in the Czech Republic. The work included the full range of planning activities, including site visits and selection, coordination with golf course architects, media experts, and leading hotel chains. (Prior firm experience)
2006
Small Bone Innovations - Series B Financing
Representation of SBI in its private placement of Series B Preferred Stock.
2006
Public Company - Convertible Notes Exchange
Representation of a NASDAQ-listed public company in exchanging $49 million of outstanding convertible notes for common stock.
2006
Public Company - Public Offering
Representation of a NASDAQ-listed public company in a public offering of 1.5 million shares pursuant to a share lending program.
2006
Public Company - Rule 144A Offering
Representation of a NASDAQ-listed public company in a Rule 144A offering of $57 million of convertible perpetual preferred stock.
2006
Real Estate Joint Venture - $161.5 Million Long Island Acquisition
Representation of a joint venture between two major real estate companies in its $161.5 million acquisition and financing of two Long Island, New York office buildings.
2006
Neue Galerie - Acquisition of Gustav Klimt's "Portrait of Adele Bloch-Bauer I"
Representation of Neue Galerie New York in connection with its historic acquisition of Gustav Klimt's 1907 painting "Portrait of Adele Bloch-Bauer I," which at that time was reported to be the most valuable painting ever sold.
2006
Marei von Saher - Goudstikker Collection - Dutch Restitution
Representation of Marei von Saher in her successful efforts to recover 200 artworks looted from her father-in-law, the renowned Dutch art dealer, Jacques Goudstikker, during the Second World War. The works had been held by the Dutch Government for over 50 years.
2006
Global Brokerage Firm - Proposed $100 Million Acquisition
Representation of a global brokerage firm in its proposed $100 million acquisition of a New York-based brokerage firm. Both were registered broker-dealers and the transaction featured broker-dealer regulation and compliance issues, NASD (now FINRA) issues, and Hart-Scott-Rodino compliance.
2006
Waldor Insurance Agency - Sale
Representation of Waldor Insurance Agency, a retail insurance agency which serves the general commercial property and casualty insurance needs of clients throughout New Jersey and surrounding states, in its acquisition by publicly owned Brown & Brown.
2006
Impala Partners - RGIS Acquisition
Representation of Impala Partners in its acquisition of a controlling interest in RGIS, a 40,000 employee mid-west inventory management solutions company, the largest in the world.
2006
Xtreme Information - Acquisition of Market Access International, Inc.
Representation of a foreign portfolio company of a private equity fund in its acquisition of a major U.S.-based media monitoring company specializing in real-time advertising and global competitive intelligence.
2006
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
2006
Chemical Manufacturer - Exposure Claims 
Defense of a major American chemical company in litigation involving claims by then-current and former employees of a computer chip manufacturer relating to chemical exposures in the chip manufacturing process at facilities in upstate New York and in California. The lawsuits involved claims against dozens of major corporations which had supplied chemicals to the manufacturer for use in making the chips. 
2006
Independent Directors - Asset Sale
Representation of the special committee of independent directors in connection with the sale of the publicly held Pharmhouse deep discount store chain to Pharmor.
2006
Pharmaceutical Company - Insider Trading Investigation
Representation of the senior management of a pharmaceutical company in an SEC insider trading investigation of a PIPE offering.
2006
Hale House Center Inc. - Sale
Representation of Hale House Center Inc. in their sale of 151 West 122nd Street. 
2006
Retail Brokerage Branch Manager - NASD Charges
Successful defense of a branch manager of a national retail brokerage firm. Following a hearing, the hearing panel dismissed all of the NASD's charges, including allegations of supervisory failures. The dismissal was upheld on appeal by the NASD to the NASD's National Adjudicatory Council.
2006
Retail Brokerage - Federal Investigation
Representation of a national retail brokerage firm in a joint U.S. Attorney/SEC investigation of illegal "frontrunning" trading activity.
2006
Investment Advisor - SEC Investigation
Representation of an investment advisor in an SEC investigation of the "cherrypicking" of trades.
2006
Major Financial Holdings Company - Sublease
Representation of a major financial holdings company in its sublease of 250,000 square feet of space in Manhattan.
2006
Stillwater Capital - Acquisition
Representation of Stillwater Capital and its joint venture partners in the acquisition of a shopping center.
2006
Life Insurance Company - Acquisition
Representation of one of the largest life insurers in the world in its $130 million acquisition of 28 CVS drug stores in connection with 1031 exchanges.
2006
Woolsulate - Lurgi Lentjes Arbitration
Representation of Woolsulate Corp., a New Jersey insulation contractor, in pursuing claims in mediation and arbitration against Lurgi Lentjes, a German energy company, to recover amounts due for services provided by Woolsulate at a PSE&G facility in Trenton, New Jersey.
2006
Medical Device Company - Raiding
Representation of a medical device company in avoiding litigation threatened by a competitor over our client's hiring of several of the competitor's employees.
2006
Medical Device Company - Employment Contract Litigation
Representation of a medical device company, and two individuals in a litigation brought in New Jersey state court by a competitor. The plaintiffs claimed that our clients had violated restrictive covenants in two former employees' contracts, and sought injunctive relief and damages. The Court denied injunctive relief, and the case settled before discovery with no payment by our clients.
2006
First Allied Securities - NASD Arbitration
Representation of First Allied Securities in an NASD arbitration in Seattle, Washington involving claims against a competitor for raiding an entire division of the company, including mutliple brokers in multiple offices.
2006
Corporate Executive - Internal Investigation
Representation of the division head of a corporation's food services division in an internal investigation of alleged embezzlement and diversion of corporate opportunities.
2006
Computer Generated Solutions - DMS Technology Acquisition
Representation of Computer Generated Solutions, Inc., a leading provider of software, systems integration, eLearning and outsourcing to organizations worldwide, in connection with its acquisition of DMS Technology Solutions LLC (d/b/a Altara), a Microsoft Dynamics partner recognized as one of the Top 10 Microsoft Dynamics partners worldwide.
2006
World-Wide Group - Condo Construction Financing
Representation of World-Wide Group in a $180 million construction loan and mezzanine financing by Helaba and Bank of America for World Wide's construction of a high-rise condominium on East 74th Street and Second Avenue. We also represented World Wide in its acquisition of six neighboring properties and adjoining development rights to create the assemblage, which also included inclusionary housing and 421-a credits.
2006
Real Estate Developer - $171.8 Million Condo Project
Representation of a real estate developer in filing the offering plans for a $171.8 million, 130-unit condominium development project in Greenwich, Connecticut.
2006
Real Estate Fund - Refinancing
Representation of a Real Estate Fund in the refinancing of a leveraged credit facility.
2006
Channel Islands JV - Structured Credit Management
Representation of a joint venture based in the Channel Islands and New York in its formation. The new company will manage CDOs and other structured credit products.
2006
The Witkoff Group - Random House HQ
Representation of The Witkoff Group in its purchase of the Random House headquarters at 1745 Broadway and in the closing of $340 million in loans.
2006
Investment Bank - Costa Rica Resort
Representation of a large investment bank in connection with debt and equity investments made with respect to a resort, including golf course, to be constructed on the Pacific coast of Costa Rica.
2006
WP Carey - Brownfield Grant and Remediation Financing
Representation of WP Carey, a real estate finance company, in obtaining a brownfield grant from the State of Ohio to develop a former industrial site in Cincinnati. The sale of the site was conditioned upon obtaining a  site-wide "no further action letter" which Herrick helped secure, along with a covenant not to sue from the Environmental Protection Agency of the State of Ohio (OEPA)—all of this in spite of difficult new conditions discovered after the initial site assessment.
2006
Horizon Telecom - Securities and Reorganization Issues
Representation of Horizon Telecom, a publicly traded facilities-based telecommunications carrier that provides voice and data services to commercial, residential and local market segments, in connection with its securities law issues and the reorganization of its wireless personal communications service provider subsidiary.
2006
Commercial Bank - New Markets Tax Credit Financing
Representation of a commercial bank in connection with a New Markets Tax Credit financing arrangement. The bank made a term loan to an SPV, which used the proceeds to make an equity investment in a "community development entity," ("CDE"), which in turn made loans to a "qualified active low income community business" to acquire and rehabilitate a 30,000 square foot building in The Bronx, New York.
2006
Real Estate Developer - Industrial-to-Residential Conversion
Representation of a developer in its application to the New York City Board of Standards & Appeals for a variance to convert an industrial building to a 100-unit residential building.
2006
Investment Bank - $835 Million Credit Facility
Representation of an investment bank as administrative agent and collateral agent, and its international securities affiliate as sole syndication agent, sole lead arranger and sole book manager, in connection with an $835 million senior secured replacement credit facility to a company engaged in producing coal. (Prior firm experience)
2006
Internet Florist - $135 Million Credit Facility
Representation of an international, internet-based florist in obtaining a $135 million ($85 million of which was a term loan and $50 million of which was a revolving facility) secured syndicated credit facility to finance an acquisition. (Prior firm experience)
2006
Investment Banks - $1.6 Billion Credit Facility
Representation of two investment banks as joint lead arrangers, and affiliates of the banks as administrative agent, in connection with a $1.6 billion senior secured syndicated credit facility to companies engaged in the transportation, storage, gathering, processing and distribution of natural gas, to finance an acquisition. (Prior firm experience)
2006
Cooperative Apartment Building - Fair Housing Act Litigation
Representation of a Manhattan co-op in defending against allegations that the co-op discriminated in violation of the Fair Housing Act (FHA). A disabled resident of the building sued to have speed bumps removed from co-op parking lot. The court dismissed the suit on our motion for summary judgment, holding that the resident could not establish a violation of the FHA, New York's or New York City's civil rights statutes.
2006
OnForce - Sale to Private Equity Group
Representation of the founder of OnForce, Inc., a leading internet platform for computer consultants, in the sale of a majority interest in the company to a private equity group. (Prior firm experience)
2006
Rockwood Realty Associates - Sale to DTZ Holdings
Representation of Rockwood Realty Associates in the sale of 50% of its equity interests to DTZ Holdings plc, a British public company, in a transaction that formed a global joint venture providing real estate brokerage and capital markets services.
2006
Private Equity Fund - Flexible Investment Fund
Representation of a middle-market-oriented private equity fund with a model that allows investors to opt in or out of specific proposed investment transactions.
2005 - 2006
Agent Banks - Secured Facility and New Stadium Financing
Representation of two agent banks in connection with a $225 million facility for the owner of a leading Major League Baseball franchise. The facility is secured by a pledge of 99% of the equity interest in the franchise holder. We later represented the agent banks in connection with granting the required consent for the financing of a new stadium for the team.
2006
Wachovia - Northeast Brokerage Center
Representation of Wachovia in the development of its Northeast Brokerage Center. This complicated lease consisted of approximately 400,000 square feet, including adding a floor to the 375 Park Avenue building which required approval of the Landmarks Preservation Commission.
2006
Chemical Company - Product Liability Defense
Representation of the largest U.S. distributor and manufacturer of chemicals in successfully resolving two product liability actions.
2006
Investment Bank - Hawaii Resort Sale
Representation of an affiliate of a major investment bank in the sale of the former Radisson Kauai, Hawaii.
2006
Major Comic Book Company - Library Acquisition
Representation of the purchaser of a significant comic book library from a prominent video game company's Chapter 7 Bankruptcy Trustee.
2006
Arthur Schuman - Grater Acquisition
Representation of Arthur Schuman, Inc., an importer and manufacturer of cheese, in connection with its acquisition of substantially all the assets of Grater, Inc.
2006
United States Government - False Claims Act
Representation of the United States Government in recovering a $155 million settlement of a False Claims Act case against Medco Health Solutions. This was one of the largest False Claim Act settlements to date. (Prior firm experience)
2007
Knickerbocker Village - Going Private
Representation of Knickerbocker Village, Inc., a New York limited dividend housing company, as outside corporate counsel, including taking the company private and handling all corporate matters. (Prior firm experience)
2006
Real Estate Developer - Department of Labor Audit
Representation of a real estate developer in a Department of Labor audit and other employment-related issues.
2006
Industrial Manufacturer - Workers Compensation Claim Litigation
Representation of an industrial manufacturer in successfully defending against a workers compensation insurer's late-filed administrative claim in the client's Chapter 11 bankruptcy. The Bankruptcy Court ruled that the insurer did not demonstrate excusable neglect in filing an administrative claim 15 months after the claim arose and more than six months after the administrative bar date. (In re Precision Tool, Die and Machine Co., Inc., 347 B.R. 57 (Bankr. W.D. Ky. 2006)). (Prior firm experience)
2006
Industrial Manufacturer - Commercial Lessor Claim Dispute
Representation of an industrial manufacturer in successfully objecting to a commercial lessor's claim in the manufacturer's Chapter 11 bankruptcy case.  The Bankruptcy Court found that the commercial lease expired pre-petition and that the debtor was not liable for rents due under an option period where the debtor never exercised the lease extension option. (In re Precision Tool, Die and Machine Co., Inc., 339 B.R. 161 (Bankr. W.D. Ky. 2006)). (Prior firm experience)
2006
Developer - Discrimination Claim
Representation of a real estate developer and general contractor in an action by a minority subcontractor pursuing multi-million dollar discrimination and breach of contract claims. All claims were dismissed after a two week jury trial in the United States District Court for the Southern District of New York.
2006
Mezzanine Lender - Term Sheet Breach
Representation of a mezzanine lender in an action in New York State Supreme Court against a borrower for breach of a term sheet.  The court granted our motion for summary judgment and awarded damages.
2006
Specialty Finance Company - Florida Condo
Representation of a specialty finance company in the mezzanine construction financing of a condominium in South Beach, Florida.
2006
Title Insurer - Mortgage Fraud Litigation
Representation of an insured lender in litigating the validity and enforceability of a multi-million dollar mortgage lien that was alleged to have been forged. Herrick overcame the fraud allegation and succeeded in enforcing the mortgage.
2006
Securities Broker - Forgery Investigation
Representation of a broker in an NYSE regulatory investigation alleging that the broker forged managerial signatures on new accounts forms and disposed of original employer documents. The broker received an admonition letter in lieu of an enforcement proceeding being brought against him.
2006
Brokerage Branch Manager - NASD Investigation
Representation of the branch manager of a regional brokerage firm in an NASD regulatory investigation into improper market timing activities that allegedly occurred in the branch office. No charges were brought against the branch manager.
Manufacturer - Shareholders Derivative Action
Representation of a manufacturer in defending against 15 claims of fraud and breach of an employment agreement by a shareholder employee.  The trial court dismissed all of the critical claims in the case, and the case settled on the day of trial for its nuisance value.
2006
Securities Broker - FINRA Arbitration
Representation of a broker-dealer and its employees in a multi-million dollar FINRA arbitration brought by an introducing broker/investment advisor and his customers.
2006
Securities Broker - NASD Regulatory Proceeding
Representation of a broker in an NASD regulatory proceeding alleging unsuitable and unauthorized transactions made in numerous clients' accounts.
2006
Securities Brokers - Termination Litigation
Representation of brokers of a national retail brokerage firm in negotiating termination language on their form U-5s, in the subsequent NYSE regulatory inquiry into their terminations, and in making a written submission to recover allegedly forfeited deferred compensation.
2006
Mezzanine Lenders - $25 Million Facility
Representation of a pair of mezzanine lenders in a $25.0 million secured agented mezzanine facility to a Texas developer. Proceeds of loans were applied to acquire and develop land in Horseshoe Bay, Lano, and Burnet, Texas.
2006
Real Estate Investors - $153 Million Sale
Representation of real estate investors in connection with the $153 million sale of a beneficial interest in an office building on Fifth Avenue, Manhattan.
2006
Horizen Global - $136 Million Hotel Development
Representation of Horizen Global in connection with the acquisition, development and conversion of a warehouse building on 11th Avenue in Manhattan into a boutique hotel. We also represented Horizen Global in connection with the financing and construction contracts.
2006
The Dermot Company - Mixed Use Conversion
Representation of The Dermot Company Inc. and its joint venture partners in connection with the construction management agreement for the conversion and renovation of a 413,000 square-foot property from commercial/office to mixed-use commercial, residential and retail.
2006
Nathan Berman/Downtown Holdings - Financing
Representation of a joint venture in securing $265.5 million in Liberty Bonds and mezzanine financing to repay existing debt and to convert to residential use the top 41 floors of 20 Exchange Place, an 800,000 square foot, 57-story landmark building in the Financial District. This transaction was designated as one of the Most Ingenious Deals of the Year in 2006 by the Real Estate Board of New York. 
2006
Private Equity Fund - Manufacturer Restructuring
Representation of a global private equity fund in the restructuring of, and additional investment in, a leading US manufacturer of automotive and truck axles.
2006
OTC Hedging Service - Market Formation
Representation of a hedging service for over-the-counter commodities in forming a unique credit-enhanced automated trading market in a joint venture with an affiliate of Bechtel Corporation.
2006
Plainfield Asset Management - Westside Transload / Transload America
Representation of Plainfield Asset Management in its investment in operators of solid waste transfer stations on federally regulated railroad property. We protected our client’s minority equity position in these operators by implementing stockholders’ agreements with broad super-majority approval provisions, and helped navigate federal and state environmental regulations and federal pre-emption issues.
2006
Medical Device Company - Worldwide License
Representation of a global medical device company in connection with a worldwide license from  a non-U.S. publicly held company pertaining to products for the management of orthopedic conditions and diseases. (Prior firm experience)
2006
French Pharma Company - IP Licensing
Representation of a France-based pharmaceutical manufacturer in licensing pharmaceutical intellectual property and know-how to a clinical-stage biopharmaceutical company dealing with novel therapeutics. (Prior firm experience)
2006
Sega - Merger
Representation of Sega Corporation in its bid to merge its U.S. and European operations with a U.S. game software manufacturer.
2005
Concord Associates - Empire Acquisition
Representation of Concord Associates, L.P. in its announced merger agreement and subsequent termination with Empire Resorts, Inc. involving the issuance of approximately 40% of the outstanding common stock of NASDAQ-listed Empire Resorts, Inc., in exchange for real property on the site of the Grossinger's Hotel and the Concord Hotel in the Catskill mountain region of New York.
2005
Real Estate Joint Venture - $315 Million Long Island Portfolio Acquisition
Representation of a joint venture between two major real estate companies in its $315 million acquisition and financing of a 43-property portfolio of office and commercial buildings in Long Island, New York. We structured the transaction as a purchase by tenants-in-common in order to take advantage of tenancy-in-common 1031 tax rules.
2005
Civil Rights Worker Murder
Representation of the daughter of an African-American civil rights worker and his wife in her efforts to secure a new investigation into their brutal murders. The couple was firebombed in their Florida home on Christmas Day in 1951, and neither the FBI nor the State of Florida ever solved the case. We were able to interest the Florida Attorney General’s office in re-examining the matter. Finally, more than half a century after the crimes, investigators identified four KKK members as the culprits. Although the perpetrators had died years ago, their identification brought a measure of justice to the victims’ family.
Hybrid Private Equity Fund - Israeli-Asian Bridge Capital
Representation of Israeli principals in the formation of a Cayman Islands-based hybrid private equity fund with investors from Japan and Israel.  The fund made bridge financing and other investments in technology companies in Japan and the United States. (Prior firm experience.)
Private Equity Fund - Dedicated Japan Health Care Funds
Representation of Hong Kong principals in the formation of two Cayman Islands dedicated health care funds, each investing in one health care project in Japan. (Prior firm experience.)
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.
2005
Securities Class Action and Derivative Lawsuits - Chairman and Chief Executive Officer
Member of legal team representing Chairman and Chief Executive Officer in connection with nationwide securities class action and derivative lawsuits arising out of massive financial fraud at Fortune 500 healthcare company. (Prior Firm Experience)
2005
Boymelgreen Developers - Office-to-Condo Conversion
Representation of Boymelgreen Developers in its conversion of an office building in downtown Manhattan to a 409-unit residential condominium, and its subsequent $430 million offering.
2005
Old London Foods - Sale
Representation of Old London Foods, the maker of Melba toast, and its stockholders in their sale of all the issued and outstanding stock to Nonni's Food Company.
2005
Hedge Fund Managers - SEC Investigation
Representation of two hedge fund managers in an SEC investigation relating to market timing activities. No charges were instituted.
2005
Mutual Fund Company - NASD Arbitration
Representation of an international mutual fund company in a NASD arbitration brought by a senior officer seeking alleged wrongfully withheld compensation and bonuses.
2005
Employees - SEC Investigation
Representation of multiple employees from a public company in an SEC investigation alleging misstatements in the company’s public filings. No charges were instituted.
2005
National Retail Brokerage - State Court/NASD Arbitration
Representation of a national retail brokerage firm in successfully seeking a TRO, permanent injunction and monetary damages in connection with raiding of employees by a competitor.
2005
New York Yankees - Online Sweepstakes
Representation of the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.
2005
Horizon Telecom - Going Private Transaction
Representation of Horizon Telecom, a U.S. telecommunications company, in structuring a going-private transaction engineered through a series of reverse and forward stock splits. The transaction involved the submission of detailed securities law filings which were reviewed and commented upon by the SEC, and required a fairness opinion from a major investment banking firm.
2005
Real Estate Company - DHD Windows & Doors Leveraged Buyout
Representation of a privately held real estate company in a leveraged buyout of the exclusive distributor in the Northeastern United States of one of the country’s largest window and door manufacturers, including negotiation of the acquisition financing and the acquisition of real property for its new corporate headquarters.
2005
Financial Services Company - Internal and Grand Jury Investigations
Conducted an internal investigation for a major international financial services corporation concerning allegations that company employees had provided false customer account information to another financial institution. We also represented the company in a related New York state grand jury investigation.
2005
Boards of Directors - Internal and SEC Insider Trading Investigations
Conducted an insider trading investigation on behalf of the boards of directors of two affiliated publicly owned computer software companies, and represented them in a related SEC investigation.
2005
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.
2005
Private Equity Fund - Hedge Fund Loan
Representation of a private equity fund in making a loan to a hedge fund for liquidity purposes, secured by the hedge fund’s securities portfolio.
2005
Hedge Fund - Distressed CDO Acquisition
Representation of a hedge fund in its accumulation of a controlling position in the securities of a financially stressed CDO, and in the subsequent liquidation of the CDO.
2005
Title Insurer/Secured Lender - Priority Dispute
Representation of a secured lender in its claim to the proceeds of the sale of a borrower's principal asset. The court granted our motion for summary judgment, ruling that our client's claim had priority over competing claims asserted by produce sellers under the Perishable Agricultural Commodities Act. D.M. Rothman Co., Inc. v. Cohen Marketing Int'l, Inc., 2005 U.S. Dist. Lexis 14449, 2005 WL 1690524 (S.D.N.Y. 2005).
2005
Real Estate Developer - Mixed Use Conversion
Successful representation of a developer in litigation over its right to convert a building it purchased from office/retail use to mixed office/retail and residential use.
2005
Title Insurance Company - Fraud Action
Representation of a title insurance company in obtaining a $1.4 million judgment and attachment of the defendants' bank accounts in a fraud action.
2005
Developer - Construction Litigation
Representation of a developer in a multiparty litigation involving alleged construction defects resulting from the conversion of a 17-story refrigerated building into a condominium property.  Herrick replaced prior counsel, and was able to quickly settle lawsuits that had been pending in both federal and state court in New York for over a year.
2005
Private Collector - Stolen Art Recovery
Representation of a private collector in recovering a collection stolen from an art storage facility and dispersed throughout the United States, and beyond, including Japan. We worked with the FBI Art Crime Task Force and the U.S. Attorney's Office for the Eastern District of Missouri, helping to recover the majority of the collection. The thieves were caught, prosecuted and jailed.
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.
2005
Kay Property - Real Estate Acquisitions
Representation of Kay Property, a private real estate developer, in negotiating the purchase of various properties for residential development, including 205 Water Street and 264 Cumberland Street, Brooklyn, New York. (Prior firm experience)
Law Firm - Withdrawing Partners
Representation of a group of departing law partners who were sued in an arbitration by their former law firm for leaving with clients and staff.  The case proceeded to a three-week hearing, and all claims were dismissed.
2005
Investment Bank - Blackstone Sale
Representation of an investment bank in its sale of a five-star New York City Hotel to the Blackstone Group.
2005
General Contractor - Lien Foreclosure
Representation of a general contractor in a lien foreclosure action against the Metropolitan Transit Authority and the owner of 2 Broadway, New York, the MTA's headquarters.  After a trial on the merits, the New York State Supreme Court awarded our client damages in excess of $1 million.
2005
Corporate Director - Dismissal of Securities Class Action Complaint
Representation of the former CEO of a publicly owned telecommunications company in two securities fraud class actions stemming from the company's bankruptcy after the dot-com bubble burst.
2005
Brooklyn Property Owners - Rezoning
Representation of several property owners in assuring that New York City's extensive rezoning of Williamsburg/Greenspoint maximized the value of their real property.
2005
Mizuho Corporate Bank - $1 Billion Mortgage Refinance
Representation of Mizuho Corporate Bank Ltd., largest bank in Japan, in a complex refinancing of approximately $1 billion in mortgage debt encumbering 650 Madison Avenue and 150 East 42nd Street (the Mobil Building) in New York, and 20 North Clark Street in Chicago.
2005
Investment Bank - $2.5 Billion Credit Facility
Representation of an investment bank, as administrative agent, letter of credit issuer, swing line lender and lender, and its securities affiliate, as joint lead arranger, in connection with a $2.5 billion ($2 billion multicurrency revolving and a $500 million term) senior unsecured credit facility to a company engaged in the building and consumer products businesses, to refinance an existing credit facility. (Prior firm experience)
2005
Investment Banks - $2.725 Billion Credit Facility
Representation of a syndicate of international investment banks as administrative agent, lender, and joint lead arrangers, in connection with a $2.725 billion senior secured syndicated credit facility to a company engaged in the gaming and casino business, to finance an acquisition. (Prior firm experience)
2005
Investment Bank - $350 Million Credit Facility
Representation of an investment bank, as administrative agent and as a lender, in connection with a $350 million second lien secured syndicated term loan credit facility to a company engaged in the gaming and casino business, to finance an acquisition. (Prior firm experience)
2005
Parmalat USA - Chapter 11
Representation, as co-counsel, of US affiliates of the international Parmalat group in their Chapter 11 proceedings. Case resulted in a successful restructuring from a business and financial perspective. (Prior firm experience)
2005
IESI Corporation - $950 Million Sale
Representation of IESI, an integrated waste management company, in its sale to BFI Canada, a Canadian public company, for approximately $950 million. (Prior firm experience)
2005
Bayside Capital - $50 Million Bankruptcy Acquisition of Sola Communications
Representation of Bayside Capital LLC in its $50 million acquisition of Sola Communications LLC in the bankruptcy court for the Western District of Louisiana.  (Prior firm experience)
2005
Yum! Brands - Hearth Management Group Mediation
Representation of Yum! Brands, Inc. and subsidiaries Taco Bell, KFC and Pizza Hut in adversary proceedings arising out of a breach of contract claim. Plaintiffs originally sought in excess of $25 million in damages. Case successfully resolved through mediation for a nominal amount.  (Prior firm experience)
2005
American Marine Holdings - Sale of Minority Interest
Representation of American Marine Holdings in connection with the sale of a minority interest to a private equity investor. (Prior firm experience)
2005
Professional Wrestler - Breach of Contract Litigation
Representation of a famous professional wrestler in his breach of contract action against World Championship Wrestling. (Prior firm experience)
2005
Wachovia - Morgan Stanley Sublease at One New York Plaza
Representation of Wachovia in subleasing 800,000 square feet at One New York Plaza—lower Manhattan's largest leasing transaction of 2004/2005.
Ongoing
Private Bank - Credit Facility For Real Estate Family
Representation of a major private bank in connection with a $200 million revolving credit loan and letter of credit facility for an entity owned by members of a prominent New York real estate family. The facility is secured by pledges of equity and economic interests with respect to nine major Manhattan office buildings, as well as a collectively assigned note and mortgage with respect to one of the properties.
2005
Estate Trustee - Removal Litigation
Representation of the trustee of an estate in litigation with the trust's settlor. The settlor sued to remove the trustee, whom he had appointed, alleging conflict of interest and failure to account. The trial court dismissed the suit, and Herrick represented the trustee in successfully defending the appeal.
2005
Housing Authority Risk Retention Group - Pollution Exclusion Coverage Litigation
Representation of a risk retention group in litigation against a housing authority over whether an insurance policy excluded a judgment against the housing authority for exposure to pollution.
2005
Marei von Saher - Recovery of Nazi-Looted Painting (Edgar Degas)
Representation of Marei von Saher in connection with her recovery of a drawing by Edgar Degas ("Four Nude Female Dancers Resting") from the Israel Museum in Jerusalem, that was looted from the collection of her father-in-law, the renowned Dutch art collector, Jacques Goudstikker.
2005
Equity Owner - NewPower Company/Enron-Related Bankruptcy
Representation of a major equity security holder in the Chapter 11 cases of The NewPower Company and related debtors, whose largest secured creditor, shareholder and warrant holder was Enron Corp.
2005
Winstar Communications Trustee - Bankruptcy
Representation of the Trustee for Winstar Communications in its bankruptcy case against Lucent Technologies. Following a three month bench trial, the Delaware Bankruptcy Court awarded the Trustee judgment on its bankruptcy and breach of contract claims against Lucent, finding Lucent to be an insider of Winstar. The Court also found that a $188 million payment made four months before Winstar's bankruptcy was held to be a voidable preference to be repaid by Lucent to Winstar.
2005
Pirate Capital - Proxy Contest
Representation of a hedge fund in a hostile proxy contest to obtain control of the board of directors of a NYSE-listed company.
2005
Dubilier & Company - Acquisition of DC Safety Sales
Representation of Dubilier & Company and other investors in connection with the acquisition and refinancing of DC Safety Sales Co., the leading supplier of OEM first aid kits.
2005
HQ Global Workplaces - Loan Restructurings
Representation of HQ Global Workplaces, then the leading executive office suite company in the world, in its Chapter 11 bankruptcy proceedings including DIP financing and successfully restructuring the company.
2005
Gem Company - Credit Facility
Representation of a gem company in a senior secured credit facility secured by rough diamonds located throughout the world.
2005
Broadband Maritime - Recapitalization and Investment
Representation of Broadband Maritime Inc. in their recapitalization and Series A Round investment.
2004-Current
Small Bone Innovations - Corporate Transactions
Representation of a small bone orthopedics company in its $42.2 million venture capital transaction; credit facility; joint ventures and strategic alliances and numerous acquisitions and licensing transactions.
2004
Boymelgreen - Billion Dollar Miami Development
Representation of Shaya Boymelgreen and Africa-Israel in their acquisition of 18 properties for a billion-dollar development in Miami, Florida.
2004
Manufacturing Company Executive - Internal Investigation
Representation of the former Executive Vice President of a large manufacturing company in an internal investigation of alleged materials theft.
2004
Title Underwriters - Island Mortgage Network Chapter 11
Representation of several national title underwriters in connection with the Chapter 11 cases of Island Mortgage Network, Inc. and related litigation in various courts.
2004
Title Insurer/Secured Creditor - Lien Priority Dispute
Representation of a title insurance company which was a secured creditor in a lien priority dispute with another creditor. After the properties securing the debt were sold, the bankruptcy court authorized payment of our client's claim, dismissing the competing secured creditor's claim. In re Litas International, Inc., 2004 WL 1488114, 2004 U.S. Dist. LEXIS 12151 (S.D.N.Y. 2004).
Financial Institution - Junk Bond Dispute Mediation
Representation of a major financial institution in mediating a favorable settlement of a $135 million securities litigation. The plaintiffs alleged that the institution breached its duties as indenture trustee on a large junk bond offering.
2004
Hard Money Lender - Loan Default
Representation of a lender in collecting on a defaulted loan made to former Penthouse publisher Robert Guccione and his companies. Over a five-year period, the lender foreclosed on four properties in New York and New Jersey and realized additional funds from the sale of Guccione's world-class art collection. Ultimately, the client collected over $35 million on the loan and was substantially paid in full.
2004
Independent Directors - Internal Investigation
Representation of the independent directors of a public corporation in leading an investigation into shareholder derivative claims.
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.
2004
9/11 Families and Victims - Compensation Fund Assistance
Pro bono assistance to victims and their families in recovering funds from the 9/11 Victim Compensation Fund.
2004
International Bank - $110 Million Credit Facility
Representation of an international bank focusing on Asia, Africa and the Middle East as administrative agent and as a lender in connection with an increase of commitments in, and amendments to, a $110 million senior secured asset-based syndicated credit facility to subsidiaries of a company engaged in the scrap metal business. (Prior firm experience)
2004
Investment Bank - $650 Million Credit Facility
Representation of an investment bank, as administrative agent and as a lender, and its securities affiliate, as sole lead arranger, in connection with a $650 million senior unsecured syndicated credit facility to a partnership engaged in the timber business, to refinance an existing credit facility. (Prior firm experience)
2004
Sports Company - Billion-Dollar Reorganization
Counsel to a premier integrated sports and media company in its billion-dollar ownership reorganization and restructuring.
2004
Charitable Organization - Residential Development
Representation of a charitable organization that combats poverty in obtaining approval from the New York City Landmarks Commission to build a 515-unit residential development in the Sea View Hospital Historic District, as well as zoning approvals form the New York City Planning Commission, and environmental consents from the New York State Department of Environmental Conservation.
2004
Presstek - 363 Acquisition of AB Dick Company
Representation of Presstek, Inc., a leading manufacturer and marketer of high-tech digital imaging solutions, in its acquisition via 363 sale of AB Dick, a graphic arts equipment and supplies business. Negotiated acquisition agreement and DIP financing, led litigation team in discovery and contested hearings. Won approval for acquisition over creditors' committee objections and won all appeals arising from the case. (Prior firm experience)
2004
Real Estate Developer - Staten Island Waterfront
Representation of a real estate developer in obtaining land use approvals for the development of 118 single family homes on a 10+ acre waterfront site in Princes Point, Staten Island.
Public Company - Securities Litigation
Representation of a public company in the successful defense of claims for violation of the federal securities laws.  The plaintiffs claimed that they were fraudulently induced to modify their stock conversion rights in reliance on promises by their employer, and the District Court and Second Circuit dismissed the claims.
2004
Commercial Landlord - New York Night Clubs
Representation of a Texas-based commercial landlord in negotiating restaurant/night club leases in New York City.
2004
HQ Global Resources - Nationwide Lease Restructuring
Representation of HQ Global Resources in a nationwide restructuring of hundreds of its office suite leases.
2004
Lightstone Group - Shopping Center Acquisition
Representation of the Lightstone Group in connection with the acquisition of six retail shopping centers in five states. We also advised Lightstone on the financing of the acquisition.
2004
Commercial Bank - Derivatives Dispute
Representation of a prominent commercial bank in a dispute involving two multi-million dollar interest rate derivatives transactions. We obtained a judgment in our client's favor from the United States District Court for the Southern District of New York, construing and enforcing the provisions of the I.S.D.A. Master Agreement and Schedule in dispute.
2004
Reckson Strategic Venture Partners - Student Housing
Representation of Reckson Strategic Venture Partners, LLC in connection with the spin-off of its student housing business into, and $220 million initial public offering by, American Campus Communities, Inc. We also represented RSVP in connection with its acquisition of 100% of the equity interests in a preeminent real estate development company that develops "oasis" providing food, fuel and rest facilities along major highways.
2004
Private Investment Firm - Investment Restructuring
Representation of a private investment firm with over $325 million of capital under management, in restructuring its investment in a major producer of labels for companies throughout the world.
2003
Nathan Berman/International Investor - $143.8 Million Liberty Bond Acquisition
Representation of a joint venture between Nathan Berman and an international investor in acquiring $143,800,000 of tax and tax-free liberty bonds issued by the New York City Housing Development Corporation. In connection with the purchase of the liberty bonds, HDC provided a mortgage loan and construction financing, which was assigned as a senior credit facility to HSBC.
2003
Title Insurance Companies - Class Action Defense
Representation of two title insurance companies in two class actions alleging overcharges on premiums for policies sold to consumers in New York.  After extensive litigation, we settled on terms favorable to our clients.
2003
Zinc Production Company - Rejection of Collective Bargaining Agreements
Representation of major zinc production companies as debtors and debtors-in-possession in jointly-administered Chapter 11 cases. Successfully obtained Bankruptcy Court authorization to reject certain collective bargaining agreements with the United Steelworkers of America, the Paper, Allied-Industrial, Chemical and Energy Workers' Union, and the Security, Police & Fire Professionals of America. (In re Horsehead Industries, Inc., 300 B.R. 573 (Bankr. S.D.N.Y. 2003)). (Prior firm experience)
2003
Nedagro B.V. v. Zao Konversbank - Enforcement of Foreign Arbitration Award
Representation of a Dutch agricultural company in successfully pursuing enforcement of an international arbitration award under the New York Convention. (Nedagro B.V. v. Zao Konversbank, 23 U.S. Dist. Lexis 787 (S.D.N.Y. 2003))
Telecommunications Company Founder - Breakup and Sale Dispute
Representation of the founder of a pre-paid telephone card company in successfully defending a suit by alleged former partners seeking $250 million in damages related to the $400 million sale of the company to a publicly held telecom company.
Major Developer - Strict Foreclosure
Representation of a purchaser at a foreclosure sale to remove retail leasehold interests through a strict foreclosure proceeding.  The interests were extinguished in less than 120 days and the property was developed into a successful condominium in mid-town Manhattan.
2003
Real Estate Developer - Historic Harlem Development
Representation of a developer in obtaining a zoning variance from the New York City Board of Standards & Appeals to permit the construction of a 95-unit residential building, the first private residential construction in Harlem in over 40 years.
2003
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.
2003
Private Equity Fund - $10 Million Pharmaceutical Revenue Acquisition
Representation of one of the leading purchasers of private equity in the secondary market in connection with a $10 million acquisition of interests in revenues generated by pharmaceutical products. (Prior firm experience)
2003
Private Equity Fund - $25 Million Pharmaceutical Revenue Acquisition
Representation of one of the leading purchasers of private equity in the secondary market in connection with the $25 million acquisition of interests in the revenues generated by pharmaceutical products owned by a university-affiliated research and education institute. (Prior firm experience)
2003
Latin American Lender - Pre-Export Facility
Representation of a major Latin American lender in connection with a $5 million pre-export loan facility to an Argentine company engaged in the production, packaging and export of fresh fruit. (Prior firm experience)
2003
Subsidized Housing Project Sponsor - Market Rate Conversion
Representation of a sponsor in settling a litigation involving the sponsor's effort to convert one of New York City's largest Mitchell-Lama subsidized housing projects (some 1,200 units on Manhattan's Upper East Side) to market rate housing. The settlement involved the creation of entirely new subsidy programs by the city and by the sponsor, and an approximately $550 million condominium conversion.
2003
Former Government Official - Conflict of Interest Investigation
Representation of a former senior official of New York City's Economic Development Corporation before the city's Conflict of Interest Board in connection with publicly reported allegations of improprieties.
2003
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.
2003
Marei von Saher - Recovery of Nazi-Looted Painting (Jacopo Bassano)
Representation of Marei von Saher in connection with her recovery of a painting by the Studio of Jacopo Bassano ("The Annunciation to the Shepherds"), that was looted from the collection of her father-in-law, the renowned Dutch art collector, Jacques Goudstikker.
2003
Home Owners - Ground Lease Disputes
Representation of approximately 75 owners of homes at a lakefront community subject to ground leases. After protracted litigation in both the trial and appellate courts, the homeowners obtained substantial legal relief which, among other things, resulted in judicial recognition that the ground lessees were entitled to the protections of the New Jersey Anti-Eviction Act, thus preventing their eviction (and the loss of their homes), except for cause expressly included in the Act.
2003
Deutsche Waggonbau - Long Island Railroad
Representation of Deutsche Waggonbau, the largest manufacturer of passenger cars in the world, in orchestrating the business, legal, regulatory and technical aspects of the $250 million project to supply the Long Island Rail Road with state-of-the-art railcars.
2003
Finance Company - Lottery Winnings Securitization

Representation of a New York-based finance company in connection with the securitization of lottery winnings.

2003
HQ Global Workplaces - Sale of the Company
Representation of HQ Global Workplaces in its acquisition by Frontline Capital Group.
2003
Sun-Times Media Group - News Communications Investment
Representation of Sun-Times Media Group, an alliance between Hollinger International Inc., a NYSE listed company, and James A. Finkelstein, founder of The National Law Journal, in connection with joint equity investment in News Communications, Inc. an OTCBB listed company and publisher of The Hill and Dan’s Papers.
2002
Unilever Technology Ventures Advisory Company - Venture Capital
Representation of Unilever Technology Ventures Advisory Company LLC, an investment fund, in its formation and related investment advisory arrangement, and subsequent investments in technology-based start-up entities and venture capital funds. This fund is affiliated with Unilever NV.
2002
Kaufman & Fisher Wish Company, Ltd., v. F.A.O. Schwarz
Successful defense of trade dress claims involving plush dolls. Kaufman & Fisher Wish Company, Ltd., v. F.A.O. Schwarz, 184 F.Supp.2d 311 (S.D.N.Y. 2002), aff`d, (2d Cir. order, Oct. 31, 2002)
2002
Base Metal Trading S.A. v. Russian Aluminum - Battle Between Russian Oligarchs
When Russia's famous "Aluminum Wars" reached U.S. shores, Herrick represented of one of the plaintiff groups in U.S. Federal court litigation against entities controlled by Russian oligarchs Oleg Deripaska and Mikhail Chernoy. (Base Metal Trading S.A. v. Russian Aluminum.  2002 U.S. Dist. Lexis 8516 (S.D.N.Y. 2002))
2002
Gartner v. Lowe - Dispute Over Contract of Sale
Representation of the seller of a building off Fifth Avenue in Manhattan in defending an action for specific performance of the contract of sale. After winning at trial, Herrick also defended and argued the appeal, with the First Department unanimously upholding the trial court decision. (Gartner v. Lowe, 749 N.Y.S.2d 134 (1st Dept. 2002))
2002
United States Fidelity and Guaranty v. Madison Financial - Defeat of Class Action
Representation of a financial institution in fending off an attempt by a surety to turn a simple lien law claim into a class-action lawsuit. (United States Fidelity and Guaranty v. Madison Financial, 2002 U.S.Dist. Lexis 23374 (S.D.N.Y. 2002))
2002
Japanese Company - Mortgage Restructuring and Real Estate Acquisitions in Asia
Representation of a Japanese company in negotiations held in Tokyo with UFJ Bank to restructure $30 million in mortgage debt encumbering property in Tokyo. We then represented a Japanese joint venture involving the company in its purchase and mixed-use development of a property in the Kakinokizaka district of Tokyo and in the purchase of property on Yao Yai Island near Phuket, Thailand.
2002
Ward v. Helmsley - Employment/Real Estate Litigation
Representation of the former COO of Helmsley Enterprises in a suit against Leona Helmsley related to an improper firing, breach of an agreement to sell 60 coop apartment units, and breach of a confidentiality agreement. This litigation received intensive publicity, with a front-page article in The Wall Street Journal, and articles in the New York Post and New York Daily News. Lead counsel Ray Hannigan was interviewed on Fox News and was a frequent "Boldface Name" in the New York Times. See Boldface Names, The New York Times (July 24, 2002).
2002
Telecommunications Equipment Company - New York City Comptroller Investigation
Representation of a major telecommunications company in a high-profile investigation by the Comptroller of the City of New York into the sale of two-way radio equipment. We obtained full payment of multi-million dollar invoices for the company.
2002
Consumer Products Manufacturer - Licensing and Distribution in Korea
Representation of an international consumer products company in its retail distribution system in South Korea, including trademark licensing, development of retail outlets and shops, and wholesale product distribution.
Law Firm - Employment Discrimination Litigation
Representation on appeal of a prominent law firm in its defense of a lawsuit by a contract partner for sex discrimination and retaliation. The Appellate Division reversed the trial court and dismissed the case.
2002
Marei von Saher - Recovery of Nazi-Looted Painting (Anthony van Dyck)
Representation of Marei von Saher in connection with her recovery of a painting by Anthony van Dyck ("Maria Magdalena"), that was looted from the collection of her father-in-law, the renowned Dutch art collector, Jacques Goudstikker.
2002
Heirs of George Grosz - Recovery of Nazi-Looted Painting (George Grosz)
Representation of the heirs of the renowned German painter, George Grosz, in connection with their recovery of his 1929 painting entitled "Zeitideen" ("Ideas of Time").
2002
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.
2002
HQ Global Workplaces - Formation
Representation of HQ Global Workplaces, a flexible office suite company, in its formation by an alliance between Reckson Realty Associates Corp., Frontline Capital Group and affiliates of Halpern Realty. HQ Global Workplaces grew from six executive office centers to one of the largest flexible executive office suite companies in the world.
2002
Reckson Associates Realty Corp. - Telecommunications Agreements
Representation of Reckson Associates Realty Corp., a real estate investment trust, in the alliance between Reckson Realty Corp. and OnSite Access, Inc. to provide building centric telecommunications systems to premier properties.
2001
Real Estate Joint Venture - $380 Million Multi-State Acquisition
Representation of a joint venture between two major real estate companies in its $380 million acquisition and financing of 52 apartment complexes in 14 states.
2001
FrontLine Capital - Vantas/HQ Global Merger
Representation of FrontLine Capital in connection with the merger of Vantas and HQ Global Workplaces into a billion-dollar executive office suite company.
2001
Nihon Sangyo Kabushiki Kaisha v. Nakahara - Empire State Building Battle
Representation of Hideki Yokoi, a famous Japanese billionaire, in the celebrated battle for control of the Empire State Building. The tycoon sued his daughter, Kiiko Nakahara, and her husband, accusing the couple of improperly taking ownership and control of nine chateaux in France, four castles in Great Britain, Oheka Castle on Long Island, and the Empire State Building. The case was the subject of a front-page expose in The Wall Street Journal and is chronicled extensively in Mitchell Pacelle's book, Empire; A Tale Of Obsession, Betrayal And The Battle For An American Icon, Wiley, 2001.
2001
Real Estate Developer/Investor - Won Dismissal of Suit
Representation of a real estate developer/investor that proposed to invest in a debtor's Chapter 11 plan of reorganization, in a lawsuit arising out of the bankruptcy court's choice of a different plan. Ginsberg v. Schron, 288 A.D.2d 146, 732 N.Y.S.2d 858 (1st Dep't 2001).
2001
Clarendon National Insurance Company - Arbitration Clause Enforcement
Representation of Clarendon National Insurance Company in obtaining a court order compelling both a reinsurer and a non-signatory to arbitration agreements to arbitrate a premium payment dispute. Clarendon claimed that its agent owed several million dollars in premiums, and filed a demand for arbitration in New York in accordance with the agent's contract with Clarendon. The agent, located in California, tried to keep the dispute in California—and out of arbitration. We prevailed on both issues, and the case went to arbitration in New York. (Clarendon National Insurance Company v. Lan, et al., 152 F.Supp.2d 506 (S.D.N.Y. 2001)) (Prior firm experience)
2001
Sports TV Network - Formation
Formation and organization of a high profile, 24-hour cable sports television network.
Bank - Lender Liability
Representation of a bank in the successful defense of claims arising out of a massive check-kiting scheme by employees of an insurance company depositor. When the insurance company failed, a court-appointed receiver sought to hold the bank liable for over $250 million in losses resulting from the insurance company’s failure. The District Court dismissed the claims after discovery, and the Second Circuit affirmed the dismissal.
2001
Lender - Fraudulent Transfer Litigation
Representation of a lender in successfully prosecuting a fraudulent transfer action in which the debtor transferred and concealed assets in anticipation of the entry of a judgment against him. The case was litigated before the New Jersey Supreme Court, and is recognized to have established the legal standard to be applied in construing the limitations period governing fraudulent transfer claims. SASCO 1997 NI, LLC v. Zudkewich, 166 N.J. 579 (2001). (Prior firm experience)
2001
Real Estate Developer - Bankruptcy Litigation
Representation of a mortgagee in successfully litigating the enforceability of a mortgage lien that transferred to the anticipated proceeds of a sale in a contested bankruptcy in which the debtor sought to enforce a settlement purporting to require a contrary outcome. (In re: Miano, 261 B.R. 391, 2001 Bankr. LEXIS 694 (Bankr. D.N.J. 2001).) (Prior firm experience)
2001
Real Estate Developer - Industrial Site Acquisition
Representation of a developer in its purchase of a massive former aircraft manufacturing site and related personal property in North Haven, Connecticut. We also advised the developer in related equipment and ground leases with the seller to provide for the seller’s phased withdrawal.
2001
Marei von Saher - Recovery of Nazi-Looted Painting (J.W. de Cock)
Representation of Marei von Saher in connection with her recovery of a painting by the Dutch pre-Renaissance painter J.W. de Cock ("The Temptation of St. Anthony"), that was looted from the collection of her father-in-law, the renowned Dutch art collector, Jacques Goudstikker. This was the first painting from the Goudstikker collection to be restituted to the family.
2001
Henry Newman - Settlement with Metropolitan Museum of Art (Claude Monet)
Representation of a collector in the settlement of a dispute over a painting by Claude Monet in the collection of the Metropolitan Museum of Art claimed to have been stolen from a bank vault during the Soviet occupation of Berlin in 1945.
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)
2000
The Carson Group, Inc. - Sale
We represented The Carson Group, Inc. and its shareholders in its sale to The Thomson Corporation, a Canadian corporation. The transaction presented numerous anti-trust and M&A issues as Carson and Thomson were the market leaders in Carson's business.
Advertising Company - Securities Litigation
Representation of a public advertising company in defense of claims for violation of the federal securities laws.
2000
In Re 455 CPW Associates - Mortgage/Mechanic’s Lien Priority Dispute
Representation of a title insurance company in its defense of a mortgage lender from Section 22 claims made by a mechanic lienor, in Bankruptcy Court, asserting that its lien took priority over an earlier filed mortgage. The Bankruptcy Court ruled in our client’s favor and both the District Court and the Second Circuit affirmed. (In Re 455 CPW Associates; Herbert Construction v. The Greater New York Savings Bank, 192 B.R. 85 (Bank. S.D.N.Y. 1996), aff. 2000 U.S. App. Lexis 23470 (2d Cir. 2000))
2000
Merck & Co., Inc. v. Vioxx
Representation of the defendant/counterclaimant (an established bio-medical glass manufacturer) in a declaratory judgment action for trademark infringement, based on the Vioxx arthritis drug name. We obtained a very favorable settlement for our client. Merck & Co., Inc. v. Vioxx (ED Pa. 2000)
Religious Community Member - First Amendment/Defamation Suit
Representation of a woman claiming defamation against a group of rabbis for the publication of a "Heter Meah Rabbonim" under Jewish law. The effect of the Heter, which is a license to the woman's husband to take a second wife, was to destroy our client's reputation in her ultra-orthodox community.
2000
Malevich Heirs - Sale of "Suprematist Composition"
Representation of the heirs of Kazimir Malevich in connection with the auction sale of a Malevich work recovered from the Museum of Modern Art, New York. The sale was noted as one of the top ten art sales of the year 2000.
1999
Insurance Company - Reinsurance Claims
Representation of an insurance company in a run off in pursing reinsurance claims against multiple reinsurers and reinsurance pools, both foreign and domestic, including claims in both state and federal courts in New York and New Jersey.
1999
Heirs of Kazimir Malevich - Various Restitutions
Representation of the heirs of Kazimir Malevich, the noted early Twentieth Century avant-garde artist, in connection with the recovery of his works from the Museum of Modern Art and the Busch-Reisinger Museum at Harvard University.
1999
Republic of Turkey - Medieval Religious Artifact Repatriation
Representation of the Republic of Turkey in its recovery of an intricately carved walnut panel from the Sultan's prayer gallery of the Great Mosque in Divrigi, Turkey, built in the 13th Century.
1999
Republic of Guatemala - Mayan Artifact Repatriation
Representation of the Republic of Guatemala in the recovery and repatriation of a portion of a 1,000-year-old Mayan monument that had been pillaged from an archaeological site.
1999
Republic of Turkey - Elmali Hoard Restitution
Representation of the Republic of Turkey in recovering the "Elmali Hoard" of extremely rare ancient silver coins from a major collector.
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)
1999
Computer Hardware Manufacturer - Merger
Counsel to a New York Stock Exchange listed computer hardware manufacturer in connection with its merger, which created the largest independent provider of computer storage systems for storage area networks and the Internet.
1999
Sporting Goods Chain - Financing
Counsel to a large retail sporting goods chain in its long term and working capital financing facility with several money center financial institutions.
1999
Beverage Distributor - Joint Venture
Representation of a large domestic beverage distributor in its joint venture transaction with another large beverage distributor consolidating their Mid-Atlantic operations.
1999
Dutch Internet Company - Strategic Investment
Representation of a Netherlands-based internet service provider in its strategic investment in First Mark, a European wireless telecommunications company.
1998/1999
ALARIS Medical, Inc. - Securities
Representation of ALARIS Medical, Inc., in numerous transactions including an A/B exchange offer of $189 million of senior discount notes, an exchange offering of subordinated debentures and shares of common stock for its convertible subordinated debentures, a $60 million offering of convertible subordinated debentures, and other transactions. (Prior firm experience)
1998
Nakahara v. Bal - Dismissal of RICO Action
Obtaining the dismissal of a RICO "slap suit" brought by Kiiko Nakahara and her husband, John Paul Renoir, against the defendant as part of their effort to force an end to worldwide litigation against the couple over the ownership of nine chateaux in France, four castles in England, Oheka Castle on Long Island and the Empire State Building in New York. (Nakahara v. Bal, 1998 U.S. Dist. Lexis (S.D.N.Y. 1998))
1998
Fashion Designer - Financial Restructuring
Representation of a high fashion apparel designer/manufacturer in the restructuring of its debt and equity, including cancellation of institutional debt, new factoring arrangements and a joint venture with an overseas manufacturer.
1998
Coffee and Tea Company - Private Placement and Acquisition
Representation of a coffee and tea distribution business in its private placement and acquisition of the capital stock of another large specialty coffee and tea producer and distributor.
1998
Vitamin Manufacturer - Reverse Triangular Merger
Counsel to a large vitamin manufacturer in a multimillion dollar reverse triangular merger with a publicly traded manufacturer and distributor of vitamins and health products.
1998
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.
1998
Not-for-Profit Association - ERISA Litigation
Representation of a not-for-profit association of garment contractors in the prosecution of ERISA and RICO claims against a former executive.
1998
Film Equipment Company - Equity Offering
Representation of a leading manufacturer of film and lighting equipment for the motion picture industry, and its selling stockholders, in connection with a $30 million secondary equity offering; a $15 million equity offering; and a $9 million secondary equity offering. (Prior firm experience)
1997
Photographer - Intellectual Property Licensing Dispute

Representation of a photographer who successfully thwarted a Chapter 11 debtor’s attempt to assume and assign its license to use copyrighted photographs without the consent of, or compensation to, the photographer. (In re Patient Educ. Media, Inc., 210 B.R. 237, 31 Bankr.Ct.Dec. 49 (Bankr. S.D.N.Y. 1997).) (Prior firm experience)

1997
Real Estate Private Equity Fund - Formation
Representation of a major real estate company in forming a $300 million equity fund to acquire controlling interests in real estate operating companies.
1997
Pen Manufacturer - Trade Dress Claim
Successful defense of our client against trade dress claims brought by Montblanc over its "three-ring" pen design. We reached a settlement with no economic impact on our client.  Montblanc-Simplo GMBH v. Omas SRL and Marcovici Designs, Inc., No. 97 Civ. 2055 (S.D.N.Y. 1997)
1996
Judith Ripka Designs, Ltd. v. Penny Preville, Inc.
Successful defense of a high-end jewelry designer at trial against claims of copyright and trade dress infringement. Judith Ripka Designs, Ltd. v. Penny Preville, Inc., 935 F. Supp. 237 (S.D.N.Y. 1996)
1996
Congregation Yetv Lev D'Satmar, Inc. v. 26 Adar N.B. Corp. - Religious Corporations/Title Dispute
Appearance as amicus curiae on behalf of the New York State Land Title Association in an important appeal involving issues under New York's Religious Corporations law.  Congregation Yetev Lev D'Satmar, Inc. v. 26 Adar N.B. Corp., 641 N.Y.S.2d 680 (2nd Dep't 1996)
Garment Contractors - ERISA Pre-Emption Litigation
Representation of a group of garment contractors in a successful challenge on ERISA pre-emption grounds to a section of New York State Business Corporation Law.
1996
ABN AMRO - Debt Offerings
Representation of ABN AMRO Bank N.V. in numerous debt offerings including the first global offering of Tier III Subordinated Notes under the Basel Accord, a transaction that presented novel securities, bank regulatory and distribution issues. (Prior firm experience)
1996
ALARIS Medical, Inc. - Subsidiary Merger
Representation of a subsidiary of ALARIS Medical, Inc. in connection with a $490 million merger transaction. (Prior firm experience)
1995
Galet v. Carolace Embroidery Products Co., Inc.
Successful defense of various corporate clients in computer software copyright infringement actions. Galet v. Carolace Embroidery Products Co., Inc., 32 U.S.P.Q.2d 1830 (S.D.N.Y. 1994), aff'd, 122 F.3d 1056 (2d Cir. 1995).
1994
Marsa v. Metrobank For Savings   
Representation of the former president of a bank in an action against the Resolution Trust Corporation after the RTC refused to pay the president sums due to him under a Settlement Agreement which provided for an annual fee for four years. We won the case on a cross-motion for summary judgment, and the decision was affirmed by the Third Circuit Court of Appeals. Marsa v. Metrobank For Savings, F.S.B., et al., 825 F.Supp. 658 (U.S.D.C. New Jersey 1993), affirmed, 26 F.3d 122 (3rd Cir. 1994) (Prior firm experience)
1993
Republic of Turkey - Lydian Hoard Restitution
Representation of the Republic of Turkey in recovering the fabled "Lydian Hoard" of ancient silver artifacts from the Metropolitan Museum of Art.
1993
Louisiana Casino Cruises - Securities Offerings
Representation of Louisiana Casino Cruises, Inc., in a $51 million offering of first mortgage notes in a private placement and 144A resale transaction with registration rights granted to the investors. (Prior firm experience)
1993
Casino America - Notes Offering
Representation of Casino America, Inc., in a $100+ million high yield secured note offering with attached warrants. (Prior firm experience)
1993
The Dial Corp. - Notes Offering
Representation of The Dial Corp in a $100 million offering of investment grade notes. (Prior firm experience)
1991
Ground Round Restaurant - General Corporate Matters
Representation of Ground Round Restaurant, Inc. in public company compliance, financings and acquisitions. (Prior firm experience)
1988
Mid-Continent Bottlers, Inc. - Sale
Representation of Mid-Continent Bottlers, Inc., a Midwestern soda bottler, in the $50 million leveraged buyout of and subsequent Regulation D syndication of equity interests in the company.   (Prior firm experience)
Private Equity Restructuring
Representation of a private equity/preferred shareholder in restructuring the debt of its holding company and domestic and foreign operating subsidiaries.
Private Equity Fund - Environmental Fund
Representation of a private equity fund in its formation of National Resources, a $100 million equity fund to acquire, remediate and dispose of environmentally troubled real estate.
Reckson Strategic Venture Partners - Formation
Representation of RSVP in its formation. RSVP is a $300 million equity fund that acquires controlling interests in real estate operating companies.
Overseas Consortium - Energy Trading
Representation of a major American company in forming an overseas consortium to trade energy in Central Europe.