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Media Mention

Consultants Corner
October 7, 2014
Kevin Fullington appeared on the Consultants Corner segment of NY1 News' Inside City Hall to discuss Governor Cuomo's reelection campaign, the race for Staten Island's 11th Congressional district and President Obama's campaigning efforts for Democratic Congressional candidates.
Media Mention

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He Started as an Intern, Now He is a Partner
October 7, 2014-- Turk of America
Barbaros M. Karaahmet, partner and Co-Chair of the Turkish practice group, was interviewed by Turk of America about his professional career path. In the article, Mr. Karaahmet discussed his legal education and career, including a particularly memorable deal he worked on for a major Turkish Real Estate Developer in New York City’s diamond district where the client built the largest jewelry mall in New York. Additionally, he offered advice for young lawyers seeking to practice business law in the U.S. and commented on the outlook of shared business interests between the U.S. and Turkey.
Media Mention

Looser Rules Pave Way For NYC Affordable Housing Projects
October 2, 2014 -- Law 360
Herrick Senior Planning and Development Specialist Jennifer Dickson was quoted in Law360 on the recent announcement made by New York City’s Department of Housing Preservation and Development regarding a streamlined development process for affordable housing projects. Jennifer said, “it's exciting to start to see specifics of the plan,” while also commenting on the plan’s complexity and its impact on architects and developers with little experience in this area. “I think they will be looking to the city agencies to continue to guide them,” she added.
Media Mention

Lawsuit Challenges New York’s Charter School Funding Law
September 17, 2014 - New York Law Journal
The New York Law Journal reported on Herrick’s representation of the plaintiffs in Brown v. New York, a lawsuit challenging New York State’s method of funding public charter schools, which gives charter students as little as three-fifths of what district students receive in the same community, violates the state Constitution and disproportionately affects children of color and lower incomes.
Media Mention

Improperly Filed Mechanic’s Liens Could Cause Financing Slowdown
September 2014 -- Mortgage Observer
Paul M. Shapses was quoted in the Mortgage Observer on the negative impact that an improperly filed mechanic’s lien may have on a property’s financing.
Media Mention

Brokers Struggle to Pick Sides
September 10, 2014 -- Real Estate Weekly
Neil R. Shapiro was quoted in Real Estate Weekly reflecting on various conflicts of interest that crop up in real estate deals. Shapiro comments, “There have always been conflicts of interest in real estate. The difference, I think, is that in the non-institutional side of real estate there is very much a sense of buyer beware, that each side should be protecting itself. As for non-institutional firms he said, “Most are simply guided by inherent integrity in business.” He further stated, “I think most real estate players understand conflicts of interest. If they don’t, their advisers will tell them.”
Media Mention

New York Cases Show Hurdles of Arbitration Challenges
September 10, 2014 - New York Law Journal
Scott Mollen is quoted in the New York Law Journal in an article analyzing the obstacles practitioners face when challenging an arbitration award in New York. When asked to comment on the finality of an arbitration award, Mollen said, “Most arbitration awards are confirmed. Practitioners know it is difficult to overturn an arbitration award.”
Media Mention

Bloomberg Radio: "Taking Stock"
September 4, 2014
Bloomberg Radio interviews Irwin Kishner on his work as legal advisor to the New York Yankees. To listen, click here.
Media Mention

Hedge Fund Alert
June 11, 2014
Irwin Latner was mentioned, and Herrick was named a top hedge fund law practice in Hedge Fund Alert, a newsletter devoted to the fund management industry. In doing so, Hedge Fund Alert cited Herrick’s diverse client roster of emerging and mid-sized managers, family offices and seed investors, and a “full-service practice that covers funds across diverse asset classes, including hybrid vehicles and those that invest in niche securities.”
Media Mention

First Citizens Deal Spotlights Role of Independent Committees
August 15, 2014 - American Banker
Richard Morris opines on the need for special committees in unusual M&A situations, such as the one between First Citizens BancShares and First Citizens Bancorp – a merger where the controlling shareholders on both sides belong to the same family. In the article, Morris says that in order to ensure against a conflict of interest, a special committee of “intelligent, active, involved directors that are not part of the family" should be formed to provide a second opinion on the deal. According to Morris, buyer and sellers should also hire their own lawyers and investment banks. "The special committee is there to protect and serve the shareholders, and to do so they've got to be well-equipped. You don't send someone out to plow a field with a teaspoon."
Media Mention

Lawsuits on Rise as Establishment Takes Issue with Upstart Firms' Aggressive Growth
August 20, 2014 -- Real Estate Weekly
Barry Werbin, chair of Herrick's Intellectual Property practice, is quoted in a Real Estate Weekly article discussing the recent spate of lawsuits filed by real estate brokerage heavyweights alleging that rapidly growing competing startups are benefiting from expropriated market data. "Lawsuits between startups and incumbents over alleged information theft are common in many industries," Barry explains, noting that disruptive market entrants can face severe opposition as evidenced by the U.S. Supreme Court's recent ruling in favor of major television broadcasters against the startup Aereo.
Media Mention

Long Beach Lawyers to Take Down Developer
August 15, 2014 - Long Island Business News
Scott Mollen is quoted in Long Island Business News regarding developer Haberman Group’s longstanding dispute with the city of Long Beach, concerning the development of two 19-story waterfront residential high-rises. In the article, Scott says that city officials have failed to follow through on a March 2014 settlement agreement signed by Long Beach Corporation Counsel Cory Klein, which provided that Mr. Haberman seek a new variance before the city’s Zoning Board of Appeals. Noting that Mr. Haberman will now prosecute his lawsuit and seek more than $50 million in damages, Scott states, “The improper repudiation of the written agreement, which had been negotiated by and signed by the city, will only increase the amount of Haberman’s damage claim. In this country, you cannot violate an owner’s vested development rights without compensating the owner for its loss.”
Media Mention

Netanya College visits Herrick, Feinstein LLP
August 13, 2014 -- Real Estate Weekly
Herrick, Feinstein LLP chief planning and development specialist Richard Bass recently hosted a group of Israeli real estate students from Netanya Academic College, and the school’s vice dean, Dr. Amichai Kerner.
Media Mention

Candidate search continues for top post at the Board of Standard and Appeals
June 22, 2014-Crain's New York Business
Herrick's Mitch Korbey was quoted in a Crain’s article on the potential appointment of Bryan Cave partner Margery Perlmutter to chair New York City's Board of Standards and Appeals.
Media Mention

Victor J. Rocco’s Move to Herrick Reported in Major News Outlets
July 2014
The Wall Street Journal, The American Lawyer, Bloomberg News, The Deal, and Thompson Reuters' Westlaw reported on the arrival of white collar litigator Victor J. Rocco to Herrick.
Media Mention

A Boot Camp for Startups: Good Ideas Are Never Enough
July 2014 -- COMMERCE Magazine NJ
Irwin Kishner's comments on legal and business challenges facing startup companies were featured in COMMERCE magazine's 2014 Annual Law Firm Managing Partners Roundtable. In the article, Irwin opines on the need for founders to clearly define how a business will be owned and operated, answer questions about who truly owns a startup's business idea or technology, and identify competitive restrictions resulting from the founders' prior employment or other business ventures. According to Irwin, issues such as these, if not properly addressed prior to bringing on an investor or strategic partner, can be show stoppers.
Media Mention

Ronald J. Levine on Food and Beverage Litigation (Video)
July 2014 -- Herrick, Feinstein LLP
In this video interview, Herrick partner Ron Levine discusses how thinking like a plaintiff's lawyer can help food and beverage companies recognize the early warning signs of litigation. In doing so, Ron offers several commandments to live by during a crisis, and a roadmap for managing the "five stages of corporate grief," which naturally occur after litigation commences.
Media Mention

Herrick Partner Appointed to Connecticut Zoning Board of Appeals
June 30, 2014 -- The Darien Times
The Darien Times reports on Herrick Government Relations co-chair Kevin Fullington’s June 16th appointment to Darien Township’s Zoning Board of Appeals.
Media Mention

Woman suing Norton Simon for Nazi-looted art has Florida success
June 27, 2014 -- Los Angeles Times
Herrick, Feinstein's representation of Marei von Saher in her settlement with Jacksonville, Florida's Cummer Museum of Art and Gardens, is highlighted in the Los Angeles Times article "Woman suing Norton Simon for Nazi-looted art has Florida success."
Media Mention

NBC, Dish Talks Ease Tensions Over Ad-Skipping
June 27, 2014 -- Wall Street Journal
Barry Werbin, chair of Herrick’s Intellectual Property practice, is quoted in a Wall Street Journal report examining how the Supreme Court’s ruling in ABC v. Aereo might impact emerging broadcast TV delivery technologies such as Hopper, Dish Network’s ad-skipping digital video recorder.
Media Mention

Bond Insurer Syncora is Stubborn City Rival in Detroit's Bankruptcy
June 26, 2014 -- Reuters
Stephen Selbst, chair of Herrick’s Restructuring & Bankruptcy practice, is quoted in a Reuters report focused on bond insurer Syncora Guarantee and its emergence as Detroit's chief nemesis in the city's historic bankruptcy case. "If you’re a holdout creditor, doing everything you can to make everyone else miserable is an old-fashioned strategy and the core of that is to make it so uncomfortable for the debtor that they want to come to the table and settle,” Stephen explained.
Media Mention

Cummer Museum settles Nazi-looting claim; Painting to stay in Jacksonville
June 25, 2014 -- News 4 Jax
Herrick Art Law Group co-chair Larry Kaye was quoted in the News 4 Jax article “Cummer Museum settles Nazi-looting claim; Painting to stay in Jacksonville.”
Media Mention

Consultants Corner
June 24, 2014 -- NY1 News
Kevin Fullington appeared on the Consultants Corner segment of NY1 News’ Inside City Hall to discuss the Democratic primary in the 13th Congressional district and Governor Andrew Cuomo’s promise to help Democrats take back control of the State Senate.
Media Mention

NFL still standing with franchise on name
June 23, 2014 -- Sports Business Journal
Barry Werbin was quoted in the Sports Business Journal article "NFL still standing with franchise on name" (subscription required). In the article, Barry opines on the USPTO Trademark Trial & Appeal Board's cancellation of the Washington Redskins trademark, and the team's prospective use of common law to protect its trademark in the future. He adds that the matter is "also a big political issue, with the NFL having been pressured…by some 49 senators to force the team to change its name. Considering what happened with Sterling's racial remarks and the NBA forcing a sale of the Clippers, we probably are moving more and more to zero tolerance within the leagues respecting race and disparagement."
Media Mention

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Fight Over Paintings Looted by Nazis May Get Trial Thanks to the 9th Cir
June 17, 2014 -- Bloomberg Law
Bloomberg BNA’s United States Law Week reports on a California federal court of appeals decision which will allow Herrick client Marei von Saher, sole heir of prominent Jewish art dealer Jacques Goudstikker, to proceed with her Nazi-looted art claim against the Norton Simon Museum of Pasadena. Bloomberg delves into the Court’s ruling that Ms. von Saher’s claim can proceed, because a judicial ruling on its merits would not be an intrusion on the federal government’s power to conduct foreign affairs.
Media Mention

POM Wonderful Scores ‘Resounding Victory’ at Supreme Court
June 12, 2014 -- FoodNavigator-USA
Ron Levine is quoted in a FoodNavigator report on the Supreme Court’s ruling in Pom Wonderful v. Coca-Cola Co. which rejected Coca-Cola’s arguments that federal labeling regulations trump a Lanham Act claim over false advertising, clearing the way for POM’s lawsuit alleging that Coca-Cola misled consumers with its Minute Maid pomegranate blueberry juice labels.
Media Mention

Appeals court revives case for art seized in WWII
June 7, 2014 -- Associated Press
Herrick Art Law Group co-chair Larry Kaye was quoted in the Associated Press article “Appeals court revives case for art seized in WWII.” The article details a California federal court of appeals victory for Marei von Saher in her litigation against the Norton Simon Museum of Pasadena, concerning ownership of the Nazi-looted paintings “Adam” and “Eve” by Lucas Cranach the Elder.
Media Mention

NYC woman's lawsuit over art looted by Nazis is revived
June 6, 2014 -- Reuters
Herrick Art Law Group co-chair Larry Kaye was quoted in the Reuters article “NYC woman's lawsuit over art looted by Nazis is revived.” The article details a California federal court of appeals victory for Marei von Saher in her litigation against the Norton Simon Museum of Pasadena, concerning ownership of the Nazi-looted paintings “Adam” and “Eve” by Lucas Cranach the Elder. In the article Larry comments, "Ms. Von Saher is very happy with the decision…she believes that after all this time and all this litigation, the museum should, as many museums are, finally do the right thing."
Media Mention

Norton Simon Museum dealt legal setback in 'Adam' and 'Eve' case
June 6, 2014 -- Los Angeles Times
Herrick Art Law Group co-chair Larry Kaye was quoted in the Los Angeles Times article "Norton Simon Museum dealt legal setback in 'Adam' and 'Eve' case." The article delves into a California federal court of appeals victory for Marei von Saher in her litigation against the Norton Simon Museum of Pasadena, concerning ownership of the Nazi-looted paintings "Adam" and "Eve" by Lucas Cranach the Elder. In the article, Larry says "We and our client are delighted by the decision. Her hope is that the Norton Simon will finally do the right thing and return the painting."
Media Mention

Nazi Art-Looting Case May Proceed, Court Rules
June 6, 2014 -- The New York Times
The New York Times article “Nazi Art-Looting Case May Proceed, Court Rules,” reports on a California federal court of appeals victory for Herrick client Marei von Saher, in her litigation against the Norton Simon Museum of Pasadena concerning ownership of the Nazi-looted paintings “Adam” and “Eve” by Lucas Cranach the Elder.
Media Mention

Candidate emerges for key city land-use post
June 4, 2014 -- Crain's New York Business
Mitch Korbey was quoted in the Crain's New York Business article "Candidate emerges for key city land-use post." In the article, Mitch calls Edison Properties vice president Anthony Borelli, Mayor Bill de Blasio’s rumored choice to chair the Board of Standards and Appeals, “…an excellent choice [who is] extremely well-grounded and versed in the public-service sector, but is also aware and appreciative of the development community.”
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Exiting Your Business on Top: You Can Learn from Jay Leno
May 2014 -- Commerce Magazine
Glenn Stein was a featured contributor to the Commerce magazine article “Exiting Your Business on Top: You Can Learn from Jay Leno.” In the article, leading lawyers were asked to identify the key best practices for mergers and acquisitions involving family-owned businesses in New Jersey, and to discuss legal issues that are unique to family businesses. Among other things, Glenn stressed the need for family businesses, which often operate without corporate formalities or sophisticated internal controls, to hire experienced corporate counsel, and for the client to review its corporate and financial records well in advance of the due diligence process. According to Glenn, “the more sellers discover on their own, and address prior to initiating a sale process, the smoother the process will be and the more likely the sale will close.”
Media Mention

Fortress, Circling NYC’s Stuyvesant Town, Draws Sale Closer
May 19, 2014 -- Bloomberg News
Scott Tross was quoted in the Bloomberg News article "Fortress, Circling NYC's Stuyvesant Town, Draws Sale Closer." In the article, Scott opines on a rumored Stuyvesant Town bid by Fortress Investment Group, parent company of CWCapital, the special servicer managing Stuyvesant Town's debt. CWCapital, which has been in charge of Manhattan's largest apartment complex since its owners defaulted on a $3 billion mortgage in 2010, is holding a foreclosure sale on June 13 for $300 million of the property's junior loans.
Media Mention

Is Food the Next Frontier For Mandatory Arbitration?
May 19, 2014 -- Bloomberg BNA Product Safety & Liability Reporter
Herrick Litigation Department co-chair Ron Levine was quoted in the Bloomberg BNA Product Safety & Liability Reporter article "Is Food the Next Frontier For Mandatory Arbitration?" In the article, which analyzes the viability of mandatory arbitration in the food and beverage industry, Ron commented that companies should look at the pros and cons of various types of dispute resolution, including arbitration. But, he said, "Those methods will only proceed, and succeed, if the companies can make the case that the alternatives provide real relief to consumers with legitimate claims, and the methods are not being set up to shield the companies from any and all liability, legitimate or not."
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Richard Bass’ studio client mentioned in Mayor de Blasio’s recent keynote address
May 19, 2014 -- nyc.gov
Richard Bass' studio client was mentioned in Mayor de Blasio's recent keynote address outlining the administration's plans to expand New York City's technology industry.
Media Mention

Kashi Agrees to $5 Million Settlement; Will Remove ‘Natural' From Food Labels
May 9, 2014 -- Bloomberg BNA Class Action Litigation Report
Herrick Litigation Department co-chair Ron Levine was quoted in the Bloomberg BNA Class Action Litigation Report article "Kashi Agrees to $5 Million Settlement; Will Remove 'Natural' From Food Labels." In the article, which details a proposed settlement to a federal lawsuit regarding the company's use of the words "all natural" and "nothing artificial" on certain foods, Ron opines that "eventually, the majority of these actions are either dismissed or settled." Ron also added that "new products are hitting the market at a faster pace than the Food and Drug Administration can pass on certain wording," while expressing concern that "whatever words are used to replace 'natural' will prompt another onslaught of claims."
Media Mention

Housing plan praised by real estate community
May 5, 2014 -- Crain's New York Business
Mitch Korbey was quoted in the Crain’s New York Business article “Housing plan praised by real estate community,” which reported on New York City Mayor Bill de Blasio’s $41 billion plan to preserve and build 200,000 affordable housing units over the next ten years. Mitch, referring to Mayor de Blasio’s proposed changes to the development process, commented “These may sound technical or nuanced, but taken together they are really important steps.” Mitch’s comments were also featured in a related Christian Science Monitor article “New York Mayor de Blasio unveils sweeping plan to address housing crisis.”
Media Mention

So if I 'like' you, I can't sue you?
April 25, 2014 -- FoodNavigator-USA
Herrick Litigation Department co-chair Ron Levine was interviewed by FoodNavigator-USA regarding General Mills’ change to its online legal terms, and subsequent reversal of such terms. In the article, Ron discusses a wide range of topics raised by General Mills’ actions, including the merits and drawbacks of class actions and arbitration as dispute resolution methods in the food and beverage industry, and the inherent challenges in communicating corporate legal policies with consumers.
Media Mention

Consultants Corner
April 7, 2014 -- NY1 News
Kevin Fullington appeared on the Consultants Corner segment of NY1 News’ Inside City Hall, discussing Mayor Bill de Blasio’s first 100 days and the prospect of Governor Andrew Cuomo facing opposition from the left during the 2014 election race.
Media Mention

Poised Barra carries GM’s image on her shoulders
April 2, 2014 -- Automotive News
Susan Dwyer was quoted in the Automotive News article "Poised Barra carries GM’s image on her shoulders.” In the article, Susan assesses GM CEO Mary Barra’s testimony before the House Energy and Commerce Committee's oversight panel, which is investigating the company’s recall of 2.6 million vehicles with faulty ignition switches. Also noted in the article is Herrick’s longtime representation of Bridgestone/Firestone in litigation involving Ford Explorer tires.
Media Mention

Labeling Rules Shouldn’t Be Decided in Court
March 31, 2014 -- FoodNavigator.com
Herrick’s Litigation Department co-chair Ron Levine was interviewed by online news service FoodNavigator.com in an article discussing the proper role of the courts in food and beverage labeling class actions as well as the shorter window of time for addressing crisis.
Media Mention

Mortgage Observer Weekly Q&A with Belinda Schwartz
March 28, 2014 -- Mortgage Observer Weekly
Herrick Real Estate Department chair Belinda Schwartz was profiled in the Mortgage Observer Weekly, a newsletter received by more than 12,000 real estate insiders. In the article, Belinda discusses her path to becoming a real estate lawyer, her current role at Herrick, and strategies for women looking to succeed in commercial real estate finance.
Media Mention

GM's Challenge: Reassure the World
March 13, 2014 -- Automotive News
Susan Dwyer was quoted in the Automotive News article "GM's Challenge: 'Reassure the World," in which crisis communications experts and legal practitioners opine on GM's handling of a recall crisis involving more than one million vehicles suspected of having faulty ignition switches. Calling GM's apology "a responsible act of mea culpa," Susan nonetheless noted it "exposes the company to millions of dollars in potential liability for violation of the TREAD Act," which requires auto companies to promptly report safety problems to the National Highway Traffic Safety Administration.
Media Mention

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Panel Says Insurance Covers Theft by Armored Car Executive
March 12, 2014 -- The New York Law Journal
Alan Lyons is quoted in The New York Law Journal article "Panel Says Insurance Covers Theft by Armored Car Executives," which notes a unanimous New York State Appellate Division, First Department ruling in favor of Herrick client Metropolitan Bank, and the bank's CashZone subsidiary. The First Department, reversing a prior Manhattan Supreme Court decision, ruled that the "in transit" clause of Metropolitan Bank and CashZone's insurance policy covering cash being transported in armored cars 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. Alan is quoted as saying, "The decision confirms New York courts' broad interpretation of 'in transit' clauses, in contrast to other states like California that have narrowly interpreted those clauses."
Media Mention

Ripped-Off Check-Cashing Co. Wins Coverage For Loss
March 12, 2014 -- Law 360
Alan Lyons is quoted in the Law360 article “Ripped-Off Check-Cashing Co. Wins Coverage For Loss,” which discusses a New York State Appellate Division, First Department ruling in favor of Herrick client Metropolitan Bank, and the bank's CashZone subsidiary. The First Department ruled that the “in transit” clause of CashZone’s insurance policy on transported cash refers to the entire time the armored car contractor possessed the cash. Alan said that the court correctly interpreted that policy “not in a vacuum,” but also in light of the contract between the insured and the armored car company, “which expressly contemplated a stoppage at the Mount Vernon facility.”
Media Mention

Sweet: Domino Sugar Deal Done. Sour: Smaller Victory than Touted
March 10, 2014 -- Crain’s New York Business
Mitch Korbey is quoted in the Crain’s New York Business article “Sweet: Domino Sugar Deal Done. Sour: Smaller Victory than Touted.” In the article, local real estate leaders analyzed the de Blasio administration’s recent compromise with Domino Sugar developer Two Trees, which Mitch hailed as “an example of an administration anxious to have a dialogue.”
Media Mention

Consultants Corner
March 3, 2014 -- NY1 News
Kevin Fullington appeared on the “Consultants Corner” segment of NY1 News’ Inside City Hall, discussing Mayor de Blasio's decision regarding city charter schools and Governor Andrew Cuomo's new campaign ads.
Media Mention

11 Years’ War
March 1, 2014 -- The American Lawyer
The American Lawyer published the feature story "11 Years' War," which chronicled Herrick's successful defense of DataTreasury, a Long Island-based electronic check imaging patent holder, in two significant litigations. In the first, we defended the founder, chief executive officer, and general counsel of DataTreasury in a $15 billion lawsuit filed by a purported investor. In the second, we helped DataTreasury prevail in a 10-year, $100 million litigation with the company's former chief operating officer, who had sued over the value of 1.5 million stock options.
Media Mention

New York City Landlords Sue over Tenant Protections
February 24, 2014 -- The Wall Street Journal
A recent Wall Street Journal report discusses a case Herrick filed this month on behalf of its client, the Rent Stabilization Association of NYC, which challenges the legitimacy of the state's Tenant Protection Unit and a set of new rent regulations that favors renters.
Media Mention

If She Can Make It Here
January 29, 2014 -- Real Estate Bisnow: New York City Edition
Belinda Schwartz, chair of Herrick's 50-member Real Estate Department, was profiled in the January 28th New York City Real Estate Bisnow article “If She Can Make It Here.” Herrick Executive Committee chairman Irwin Kishner is also noted, as is the firm’s work on the sale of the YES Network to 21st Century Fox.
Media Mention

Heard Off the Street: Fidelity Investors Feel Shortchanged
January 24, 2014 -- The Pittsburgh Post-Gazette
Herrick partner Jason D’Angelo was quoted in the Pittsburgh Post-Gazette article “Heard Off the Street: Fidelity investors feel shortchanged.” The article analyzes recent class action lawsuits brought on behalf of Fidelity employees against Fidelity, alleging violations of fiduciary duties in connection with Fidelity’s 401(k) plan. In the article, Jason explains that U.S. Labor Department regulations allow mutual funds and other financial services companies to offer their own products and services to their employees, and that the cases will likely hinge on whether Fidelity acted prudently in analyzing and selecting investment options, and whether the fees were reasonable.
Media Mention

NYC: Belinda Schwartz Rises to Top
January 24, 2014 -- Real Estate Bisnow: National Edition
Belinda Schwartz, chair of Herrick's 50-member Real Estate Department, was profiled in the January 24th national edition of Real Estate Bisnow. In the article, Belinda discusses a number of topics, including her career path as a real estate lawyer, her love of solving complex problems and putting deals together, and her new role as one of the only female chairs of a major real estate law practice.
Media Mention

Herrick Joins Handful of Firms with Women at the RE Helm
January 14, 2013 -- Real Estate Law 360
Belinda Schwartz, chair of Herrick's 50-member Real Estate Department, was profiled in the Real Estate Law 360 article "Herrick Joins Handful of Firms with Women at the RE Helm."
Media Mention

Herrick, Feinstein Appoints Real Estate Chair
January 22, 2014 -- Globest.com
Belinda Schwartz’s appointment as chair of Herrick's 50-member Real Estate Department was covered in the Globest.com article “Herrick, Feinstein Appoints Real Estate Chair.” In the article, which also highlights new Herrick Litigation Department co-chair Therese M. Doherty, and new Corporate Department co-chair Stephen D. Brodie, Therese and Belinda are noted as the first two women in senior leadership positions in the firm’s 86-year history.
Media Mention

Real Estate Regulation and Legislation to Watch in 2014
January 1, 2014 -- Law 360
Herrick Government Relations Group co-chair Kevin Fullington was quoted in the Law 360 article "Real Estate Regulation and Legislation to Watch in 2014." In the article, Kevin discusses affordable housing policy changes in New York City that could significantly impact the real estate community — one of the city's largest sources of city revenue — both directly and indirectly.
Media Mention

Lines Blur When Lobbyists Invest in Industries They Represent
December 26, 2013 -- The Wall Street Journal
Herrick Corporate Department Co-Chair Irwin A. Kishner was quoted in the Wall Street Journal article "Lines Blur When Lobbyists Invest in Industries They Represent." In the article, which reports on the laws and regulations concerning political lobbyists' use of market-moving information, gleaned from government sources, Mr. Kishner says, "it is illegal to make trades based on information from a company, but it can be entirely legal if you trade on information from the government. Clearly, that's a window that needs to be shut.”
Media Mention

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Herrick’s Turkish Practice Leaders Profiled in Leading Turkish Business Magazine
November 19, 2013
Herrick’s Turkish practice leaders Barbaros Karaahmet, Larry Kaye and Mike McMahon, were profiled by Platin, a leading Turkish business and economics magazine. The interview covered the growth of Herrick’s Turkish practice over the past 20 years, the opening of Herrick’s new office in Istanbul and Herrick’s plans on expanding in Turkey.
Media Mention

US Lawyers for Jewish Families Slam €1bn Nazi Art Seizure Process
November 6, 2013 -- International Business Times
Herrick Art Law Group co-chair Larry Kaye was quoted in the International Business Times article "US Lawyers for Jewish Families Slam €1bn Nazi Art Seizure Process." In the article Larry voices his dismay over the inability of victim’s families to access a full catalog of the $1.3 billion trove of Nazi-seized art found in Munich.
Media Mention

Outcry Grows Over Handling of Nazi-Seized Art
November 5, 2013 -- The Wall Street Journal
Herrick Art Law Group co-chair Larry Kaye was quoted in the Wall Street Journal article "Outcry Grows Over Handling of Nazi-Seized Art." In the article, Larry opines on the rights of the families of Nazi victims to review the entire catalog of recently discovered artworks. Herrick's representation of Marei von Saher, the heir of Jewish art dealer Jacques Goudstikker is also mentioned.
Media Mention

When Bad Things Happen to Good Retailers
October 2013 -- Convenience Store News
Ron Levine was quoted in the October 2013 Convenience Store News article “When Bad Things Happen to Good Retailers.” In the article, Ron compares a company crisis to a heart attack, detailing three ways a crisis can occur, and the seven typical sins companies need to avoid when in crisis mode.
Media Mention

New York Law Journal Publishes Essay on Lifetime Achievement Award Winner Hon. Milton Mollen
October 30, 2013
An essay on the civic and judicial achievements of New York Law Journal Lifetime Achievement award winner Hon. Milton Mollen was featured in the Journal. The essay, written by Kramer Levin partner Gary Naftalis, was one in a series of essays written by friends and colleagues of the sixteen award winners, each of whom received the award for their profound impact on New York's legal community.
Media Mention

Michael McMahon Authors The Hill Article "Azerbaijan Election Was Fair, Well-Organized and Transparent"
October 25, 2013
Herrick Government Relations Co-Chair Michael McMahon authored The Hill article “Azerbaijan Election Was Fair, Well-Organized and Transparent.” Mr. McMahon, a former U.S. Congressman, served as a member of the American Observers Group, which observed and monitored Azerbaijan’s presidential election as part of a large international team of 500 invited by the Central European Group for Political Monitoring. The 48-member American Observers Group included former Members of Congress, business leaders and heads of non-profits and non-governmental organizations.
Media Mention

POLITICO Reports on the Opening of Herrick's New Washington, D.C and Istanbul, Turkey offices.
October 23, 2013
POLITICO reports on the opening of Herrick's new offices in Washington, D.C and Istanbul, Turkey.
Media Mention

Broadcasters Consider Supreme Court Petition on Aereo
October 11, 2013 -- The Wall Street Journal
Barry Werbin was quoted in The Wall Street Journal article "Broadcasters Consider Supreme Court Petition on Aereo." In the article, Barry predicted the Supreme Court "ultimately will have to intervene in the matter, because of the significant potential impact these services could have on broadcast television and the public."
Media Mention

Bernard Madoff's Inner Circle Goes on Trial
October 7, 2013 -- Reuters
Steven Feldman was quoted in the Reuters article, "Bernard Madoff's Inner Circle Goes on Trial," which focuses on five of Bernard Madoff's long-time employees on trial for allegedly enabling his $65 billion Ponzi scheme. In the article Steven noted, "the challenge for the prosecution is to prove criminal intent based on largely circumstantial evidence."
Media Mention

Herrick, Feinstein Expands With DC, Turkey Offices
October 10, 2013 -- Law 360
Law 360 reports on Herrick’s opening of two new offices in Washington, D.C., and Istanbul, Turkey which expands the firm’s national and international capabilities. The D.C. office adds to the firm's existing state and local government relations capabilities, while the Istanbul office strengthens the firm's ability to serve Turkish interests in the United States and enhance its efforts to support U.S. clients with Turkish interests.
Media Mention

Michael McMahon Quoted in The New York Times Article "Observers Differ on Fairness of Election in Azerbaijan"
October 10, 2013
Herrick Government Relations Co-Chair Michael McMahon was quoted in The New York Times article “Observers Differ on Fairness of Election in Azerbaijan.” Mr. McMahon, a former U.S. Congressman who was invited to serve as an election monitor by the Central European Group for Political Monitoring, was quoted as saying “there were much shorter lines than in America,” adding that the vote was “honest, fair and efficient.”
Media Mention

Cold Calling: Devils New Executive Lineup Confident It Can Become a Corporate Teammate
October 7, 2013 -- NJBiz
Irwin A. Kishner was quoted in the NJBiz article "Cold Calling: Devils New Executive Lineup Confident It Can Become a Corporate Teammate," an article which discusses the new leadership group of the New Jersey Devils and the potential challenges they face regarding corporate partnership and rebranding.
Media Mention

Consultants Corner
October 7, 2013 -- NY1
Kevin Fullington appeared on the “Consultants Corner” segment of NY1's Inside City Hall discussing the races for Brooklyn district attorney and New York City Mayor, and the federal government shutdown.
Media Mention

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Settlement in Great Neck Office Foreclosure
September 9, 2013 -- Long Island Business News
In this article, the Long Island Business News discusses court-appointed receiver Scott E. Mollen’s proactive efforts to lease-up 111 Great Neck Road, a property that has been in receivership since 2010. The 164,000 square-foot office building, which is now out of receivership is 92 percent occupied. Recently signed leases include Convermat Corp. for 8,610 square feet, Korea Argo Trade Center of New York for 2,088 square feet and a lease renewal with Starr & Co. for 2,369 square feet.
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Dealer Pleads Guilty to Sale of Phony Lithograph
September 6, 2013 -- The Connecticut Law Tribune
Herrick Intellectual Property and Technology Group Chair Barry Werbin’s comments on Internet-based art fraud were featured in the Connecticut Law Tribune article “Dealer Pleads Guilty to Sale of Phony Lithograph.” In the article, Barry opines that “assessing the legitimacy of art at a gallery or auction house, where the work can be seen in person and examined by a buyer’s art consultant…is not certain to result in the purchase of a bona fide original.”
Media Mention

Next NYC Mayor Faces Real Estate Balancing Act
August 23, 2013 -- Real Estate Law 360
Herrick Land Use and Environmental Group Chair Mitchell A. Korbey is quoted in the Real Estate Law 360 article “Next NYC Mayor Faces Real Estate Balancing Act.” In the article, which includes opinions from many of the City’s top commercial real estate attorneys, Mitch commented that “it is hugely important who the chief elected official is in terms of the City’s regulatory framework for development.” He added there will be a “major shift, depending on who will be filling positions at the [Board of Standards and Appeals and the City Planning Commission].”
Media Mention

New York Law Journal Presents Lifetime Achievement Award to Herrick Counsel Hon. Milton Mollen
August 19, 2013 -- New York Law Journal
The New York Law Journal announced that Herrick Counsel Hon. Milton Mollen was among sixteen prominent lawyers chosen to receive a lifetime achievement award for his profound impact on New York’s legal community.
Media Mention

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Costly Rents Push Brooklynites to Queens
August 17, 2013 -- The New York Times
Herrick Land Use and Environmental Group Chair Mitchell A. Korbey and our client, Read Property Group, the developer of the former Rheingold Brewery site in Bushwick, Brooklyn, are mentioned in The New York Times article "Costly Rents Push Brooklynites to Queens." The article delves into rising rents in the borough, a trend which is pushing renters and buyers to neighborhoods on the fringes of the Brooklyn-Queens border, such as Ridgewood and Bushwick. Read Property Group is planning to build a 977-unit complex in Bushwick – one of the largest planned developments in the city.
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Gem Developer Plots New Venture for Midtown Hotel Corridor
August 15, 2013 -- The Real Deal
The Real Deal published the article "Gem Developer Plots New Venture for Midtown Hotel Corridor," that highlights a development deal involving our client, Gemini Real Estate Asset Management. Although Herrick was not mentioned, we represented Gemini in its acquisition of 36 West 38th Street, and its plans to develop the site into a 19-story hotel.
Media Mention

Department of Buildings Relaxes Rules on Yoga Studios
August 13, 2013 -- The Real Deal
Herrick Partner and Land Use and Environmental Chair Mitchell A. Korbey was quoted in the Real Deal article “DOB Relaxes Rules on Yoga Studios.” In the article, which discusses a recent Department of Buildings change allowing small yoga studios to operate without a special permit, Mitch commented that the city occasionally issues such clarifications because “city zoning regulations, while voluminous, don’t include a definition for every possible land or business use.”
Media Mention

Law 360 Profiles Herrick Partner and Intellectual Property Group Chair
August 8, 2013 -- Law 360
Herrick Intellectual Property and Technology Group Chair Barry Werbin was profiled in the Law 360 interview “Q&A With Herrick, Feinstein’s Barry Werbin.” In the interview, Barry delves into Herrick’s successful representation of the estate of Michael Arnone, an original member of the Duprees and the owner of the underlying trademark rights to the group’s name. Barry also discusses, among other topics, the 1976 Copyright Act, and the extension of the fair use doctrine in the context of digital media and content delivery.
Media Mention

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20th Anniversary of Herrick’s Princeton Office Highlighted in U.S. 1
August 7, 2013 -- U.S. 1
The 20th anniversary of Herrick’s Princeton, New Jersey office was featured in the U.S. 1 article “Herrick, Feinstein Expands at Carnegie Center.” Partners Ronald Levine, David King and David Byrne are quoted in the article, which chronicles the growth of the office and highlights significant client matters handled by Herrick’s Princeton-based attorneys.
Media Mention

Beauty School Students Left With Broken Promises and Large Debts
July 28, 2013 -- The New York Times
David Feuerstein and Jonathan Adler have been working with the New York Lawyer's for the Public Interest on a student loan discharge pro bono project. Herrick is currently handling six student loan discharge cases, five of which are active or pending.
Media Mention

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Herrick’s Steven Feldman discusses the criminal indictment of SAC Capital on CNBC’s Closing Bell
July 26, 2013 -- CNBC Closing Bell
Herrick Partner Steven D. Feldman, lead partner in the firm’s White Collar Practice and a former Assistant U.S. Attorney for the Southern District of New York, discussed the criminal indictment of SAC Capital on CNBC’s Closing Bell with Maria Bartiromo. In the segment, Steven, Maria and CNBC Correspondents Robert Frank and John Carney analyzed the unique nature of the federal government’s insider trading case against SAC and the wide range of possible outcomes for the company.
Media Mention

Naysayers Vamoose: Forum Asserts that ADR is a Possible Solution in Antiquity Disputes
July 25, 2013 -- The Center For Art Law
On July 25, 2013 The Center For Art Law posted a blog titled "Naysayers Vamoose: Forum Asserts that ADR is a Possible Solution in Antiquity Disputes" discussing Larry Kaye's presentation on July 17, 2013 at the “Alternatives in Art Law: The International Struggle for Antiquities” panel discussion at the EDNY Alternative Dispute Resolution Forum and Reception at the Brooklyn Courthouse. Click here to view the blog post.
Media Mention

United States Returns Stolen Rare Books to the National Library of Sweden
July 2013
Herrick's work to help facilitate the return of two rare books to our client, the National Library of Sweden, is noted in The New York Times, The Wall Street Journal and Bloomberg News. The books, a priceless part of Sweden's cultural heritage, were part of a larger theft of 62 rare or one-of-a-kind volumes, stolen by the former chief of the Library's Manuscript Department.
Media Mention

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Richard M. Morris quoted in Pensions & Investments article, “Hedge Fund, Private Equity Firms Feeling New Registration Push”
July 22, 2013 -- Pensions & Investments
Herrick Partner Richard M. Morris was quoted in a Pensions & Investment article, analyzing the SEC’s increasing focus on hedge fund and private equity firms. The SEC's interest in fee-related activity has some predicting increased oversight, including a possible move to register them as broker-dealers.
Media Mention

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AG Clarifies Rules on Syndication Offerings
July 8, 2013 -- The Real Deal
Douglas Heller’s comments on the New York Attorney General’s recent clarification of the rules governing syndicated investments in condominium developments were featured in the Real Deal article, “AG Clarifies Rules on Syndication Offerings…”
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Conslutants Corner
June 25, 2013 -- NY1
Kevin Fullington appeared on the “Consultants Corner” segment of NY1's Inside City Hall discussing what impact the city budget deal will have on City Council Speaker Christine Quinn's mayoral aspirations.
Media Mention

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CFTC Likely to Charge MF Global Execs Beyond Corzine
June 25, 2013 -- Reuters
Herrick Litigation Partner Therese M. Doherty’s comments on the Commodity Futures Trading Commission’s potential suit against MF Global Chief Executive Jon Corzine were featured the Reuters article, “CFTC likely to charge MF Global execs beyond Corzine.” Ms. Doherty serves as the Co-Chair of Herrick’s Securities and Derivatives Litigation and Regulatory Practice Group and regularly defends firms and individuals against CFTC enforcement proceedings.
Media Mention

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High-powered panel of leaders shows we have a long, long way to go with social media
June 25, 2013 -- Holtz Communication Blog
Ronald Levine, Herrick’s Litigation Department Co-Chair, participated in a Socratic Dialogue on corporate crisis at the International Association of Business Communicator conference on Monday, June 24th. The IABC discussed best practices for understanding how to respond to an online attack. The session featured 10 impeccably-credentialed professionals, each of whom would play a role in an online crisis scenario.
Media Mention

Appeals court rules in Lazare Kaplan’s favor
June 24, 2013 -- National Jeweler
A recent U.S Court of Appeals ruling in favor of our client, global diamond manufacturer and distributor Lazare Kaplan, is noted in the National Jeweler article "Appeals court rules in Lazare Kaplan's favor."
Media Mention

Irwin A. Kishner Discusses Herrick's Longstanding History Representing the New York Yankees on Bloomberg Law’s “Rainmakers”
June 18, 2013
Irwin A. Kishner Discusses Herrick's Longstanding History Representing the New York Yankees on Bloomberg Law’s “Rainmakers”
Media Mention

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Explosion of Consumer Fraud Lawsuits Has Industry on its Heels
June 17, 2013 -- BevNET.com
Ron Levine was quoted in the BevNET article "Explosion of Consumer Fraud Lawsuits Has Industry on its Heels." In the article, which explores the dramatic leap in class action consumer fraud suits brought against U.S. food and beverage companies, Ron opines that "the groundswell of litigation…will eventually dissipate with shifting focus, financial settlements and new labeling and marketing standards.
Media Mention

Build Second Avenue Subway Entrance Elsewhere, Yorkville Residents Tell MTA
June 14, 2013 -- DNAInfo
Herrick Chief Planning and Development Specialist Richard Bass was quoted in DNAInfo's story about the alternate 86th Street Second Avenue Subway entrance plan proposed to the MTA on behalf of the residents of Yorkshire Towers.
Media Mention

Food Companies Confront Spike in Consumer Fraud Lawsuits
June 13, 2013 -- Reuters
Herrick Litigation Department Co-Chair Ron Levine’s comments on litigation trends affecting the food and beverage industry were covered in the Reuters Legal article, “Food Companies Confront Spike in Consumer Fraud Lawsuits.” In the article, Mr. Levine noted that the recent wave of litigation against the food and beverage industry has created a fear among industry leaders that they are being targeted by plaintiffs’ lawyers in the same way tobacco companies were in previous decades.
Media Mention

Herrick Celebrates 85th Anniversary
June 12, 2013 -- Real Estate Weekly
Real Estate Weekly featured an online gallery of photos from Herrick, Feinstein's Real Estate Group cocktail celebration held June 6th at the Eventi Hotel in honor of the firm's 85th anniversary and to toast the bright outlook for New York City's commercial real estate industry.
Media Mention

Great Depression to Great Recession
June 10, 2012 -- Bisnow
On June 6th, more than 300 leading commercial real estate developers, owners, financiers, brokers and government officials joined Herrick, Feinstein LLP at the Eventi Hotel, in honor of the firm's 85th anniversary and to toast the bright outlook for New York City's commercial real estate market. Real Estate Bisnow covered the cocktail event and included photos of Herrick’s 50-member real estate department. In the article Scott Mollen notes that Herrick attorneys are working to bring together retail, hotel and office developers on potential projects. The article also describes Herrick's long history in NYC real estate, noting the firm's work with banks during the Great Depression and the firm's representation of William Zeckendorf on the sale of the Chrysler Building in the 1950s.
Media Mention

Herrick's Securities Litigation, Real Estate and Land Use Practices Recognized for Excellence in US Legal 500
June 5, 2013 -- Legal 500
Seven partners in Herrick's Litigation and Real Estate departments have been recognized in the 2013 edition of The Legal 500 United States, a widely-read guide to the "best of the best" national law firms in the United States.
Media Mention

2013 Rising Stars
June 4, 2013 -- New York Law Journal
Herrick, Feinstein Litigation Partner David T. Feuerstein was included in the New York Law Journal's inaugural class of "Rising Stars" which recognizes lawyers under age 40 who have already had an impact on the legal community in New York.
Media Mention

Q&A with Herrick, Feinstein’s Arthur Jakoby
May 30, 2013 -- Law360
Herrick, Feinstein Partner Arthur G. Jakoby, who co-chairs the firm's securities and commodities litigation and regulatory group, is featured in a Q&A on his practice.
Media Mention

Alfonso Portillo, Former President Of Guatemala, Enters Not Guilty Plea After Being Extradited To US For Money Laundering
May 28, 2013 -- The Latin Times
A Guatemalan ex-president, Alfonso Portillo, was extradited to the United States and faced a judge in Manhattan on May 28, pleading not guilty to embezzlement and money laundering charges while in office. David M. Rosenfield of Herrick, Feinstein, was quoted saying Portillo will submit a bail package within the next two weeks.
Media Mention

Ex-Guatemalan leader: I'm not guilty of turning office into personal ATM
May 28, 2013 -- CNN
A Guatemalan ex-president, Alfonso Portillo, has pleaded not guilty to charges that he embezzled and laundered money through U.S. banks while in office. David M. Rosenfield of Herrick, Feinstein, was quoted saying this is a case of clear overreaching by the Department of Justice and the United States government and that Portillo is innocent on all charges against him.
Media Mention

Ex-Guatemala President Portillo Enters Not Guilty Plea
May 28, 2013 -- Bloomberg
Former Guatemalan President Alfonso Portillo was extradited to the United States on May 24 and faced a judge in Manhattan on May 28. He pleaded not guilty to charges that he embezzled and laundered tens of millions of dollars through U.S. banks while in office. David M. Rosenfield of Herrick, Feinstein, is noted as one of Portillo's lawyers.
Media Mention

Ex-President of Guatemala Faces Judge in Manhattan
May 28, 2013 -- The New York Times
Former Guatemalan President Alfonso Portillo appeared before a federal court judge in Manhattan and entered a not guilty plea to charges of embezzlement and money laundering while in office. Herrick, Feinstein Counsel David M. Rosenfield said his client would seek bail.
Media Mention

Decimalization Revisited: Does Every Penny Count?
May 24, 2013 -- Law360
Herrick, Feinstein Partner Louis Goldberg authored a Law360 "Expert Analysis" column discussing a study of the decimalization system conducted by the U.S. Securities and Exchange Commission. Spurred by the Jumpstart Our Business Startups Act of 2012 (JOBS Act), Section 106(b), the study charts the system's impact on initial public offerings and liquidity of small and mid-cap company securities.
Media Mention

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A legal potboiler that would make Grisham grimace
May 24, 2013 -- Long Island Business News
Herrick, Feinstein Partner Scott Mollen is quoted on fraud claims against DataTreasury. Mollen, who represented DataTreasury founder Claudio Ballard and two other individuals, said the suit “transcends intellectual property and impacts the entire field of business contracts.” He added, “Many businesses have defended claims based on oral joint ventures, where the plaintiffs don’t have written contracts memorializing the alleged agreements.”
Media Mention

Six Am Law Firms Help Bring Big League Soccer to NYC
May 22, 2013 -- The Am Law Daily
Herrick, Feinstein Chairman Irwin Kishner and Corporate Partner Daniel Etna are noted for advising the New York Yankees in its joint venture with the English Premier League's Manchester City Football Club for the creation of a New York soccer team in 2015, a $100 million deal announced by Major League Soccer.
Media Mention

$15B suit against DataTreasury dismissed
May 18, 2013 -- Newsday
New York State Supreme Court Justice Elizabeth Emerson dismissed a $15 billion lawsuit against DataTreasury Corp., which was founded in Melville (Long Island), ruling the claim was filed well beyond the statute of limitations. Herrick, Feinstein Partner Scott E. Mollen, who represented DataTreasury founder Claudio Ballard and two other individuals in the suit, said the company "is extremely gratified that the court carefully analyzed the 433-paragraph complaint."
Media Mention

Q&A With Herrick Feinstein's Stephen Selbst
May 17, 2013 -- Law360
Herrick, Feinstein Partner Stephen Selbst is featured in a Q&A on his bankruptcy and restructuring practice.
Media Mention

Judge Rebuffs Investor's Bid for a Big Share of Patent Holding Company's Licensing Fees
May 16, 2013 -- New York Law Journal
On May 10, Suffolk County Supreme Court Justice Elizabeth Emerson dismissed all 38 claims against DataTreasury Corp. and several of its executives, including founder Claudio Ballard. Herrick, Feinstein Partner Scott E. Mollen, who represented Ballard and two other individuals in the suit, said he was "extremely gratified" by Emerson's ruling.
Media Mention

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Scott Mollen Represents the Founder, CEO and General Counsel of DataTreasury Corporation in Dismissal of $15 Billion Lawsuit
May 15, 2013 -- BNA Banking Daily
The recent decision to dismiss a $15 billion lawsuit against DataTreasury, which patented check imaging technology used by most banks, is good news for those banks and financial institutions that are named as co-defendants in pending lawsuits. Herrick, Feinstein Partner Scott E. Mollen, who represented DataTreasury founder Claudio Ballard and two other individuals in the suit, said, "This paves the way for the banks to move to dismiss if the plaintiff doesn't voluntarily withdraw."
Media Mention

Check-Imaging Patent Owner Ducks $15B Fraud Suit
May 13, 2013 -- Law 360
The NYS Supreme Court dismissed a $15 billion lawsuit against DataTreasury Corp and its founder Claudio Ballard brought by a purported investor who claimed he was defrauded out of profits the company made by licensing its check imaging technology to major banks. Herrick, Feinstein Partner Scott E. Mollen, counsel to Mr. Ballard and other defendants, said he was "gratified that the court carefully weeded through the 433-paragraph complaint and concluded that every single claim should be dismissed." He also noted that the decision "paved the way" for the dismissal of the pending claims against the banks by the defendant.
Media Mention

Herrick, Weil Knock Out Investor's Suit Against DataTreasury
May 13, 2013 -- Investment Advisors
In a story about the dismissal of the $15 billion lawsuit against DataTreasury by a purported investor, it is noted that Herrick, Feinstein Partner Scott E. Mollen and Associate Marissa Leto successfully represented DataTreasury founder Claudio Ballard and other co-defendants. Mr. Mollen said that he was "extremely gratified" by the court's decision.
Media Mention

Financial Reform Special Section: Dodd-Frank Brings Regulatory Change For Investment Advisors
May 13, 2013 -- New York Law Journal
Herrick, Feinstein Partner Patrick D. Sweeney and Associate Matthew Kunkes co-authored an article about the new regulatory division between federal and state regulators and the expanded reach of regulation requirements on investment advisors which was featured in the New York Law Journal's Financial Reform Special Section.
Media Mention

Richard Morris Quoted in Pension & Investments Article on SEC Rules Lifting Ban on General Advertising by Issuers of Private Offerings
May 13, 2013 -- Pension & Investments
Richard Morris was quoted in Pension & Investments "Buzz on advertising as regs near". The article discusses the forthcoming SEC rules that will lift the ban against solicitation and general advertising by issuers of private offerings during periods of fundraising. Richard comments: "The canvas of how you present your fund is changing and people should be embracing the change. This enables you to provide more information in a cleaner, crisper way. If you don't you're going to get lapped."
Media Mention

Prevailing Winds
May 10, 2013 -- The Deal
The successful merger of US Airways with bankrupt AMR Corp is part of growing trends in bankruptcy and M&A, with many more companies exiting bankruptcy through mergers or acquisitions than in years past. Stephen B. Selbst, chair of Herrick, Feinstein LLP's Bankruptcy Practice Group, is quoted in the article, saying, "Any company that enters Chapter 11 today is an M&A target. When I represent debtors one of the first things I tell the board and the management team is to understand, you are now in play."
Media Mention

How Should Hedge Fund Managers Approach the Allocation of Expenses Among Their Firms and Their Funds? (Part II)
May 9, 2013 -- Hedge Fund Law Report
In Part II of an article exploring the lack of regulations specifically delineating how fund managers should allocate expenses among their firms and their funds, Irwin M. Latner, partner and co-chair of Herrick, Feinstein's Hedge Fund Group is quoted extensively.
Media Mention

Barbaros Karaahmet Joins 85 Year old Herrick, Feinstein
Winter 2013 -- Turk of America
Herrick’s Turkish Practice co-chair Barbaros Karaahmet was profiled in the Turk of America magazine. The article discusses Mr. Karaahmet’s professional career and his decision to join Lawrence Kaye at Herrick, who is known as “a hunter of Turkish treasures smuggled from Turkey”.
Media Mention

Betting on NYC
May 7, 2013 -- Real Estate BisNow
The newsletter included a photo and summary of the Herrick Women's Networking Series Poker Night Event which took place on May 2nd at the Manhattan Penthouse on Fifth Avenue.
Media Mention

What is This, Europe?
May 6, 2013 -- BisNow
In an article summarizing the highlights of the Bisnow Future of Long Island City event, which was attended by more than 300 guests, it is noted that Partner and co-chair of Herrick, Feinstein's Land Use & Environmental Group Mitch A. Korbey moderated the lively panel discussion. "LIC is the best place in NYC to be under five years old," said Mr. Korbey in reference to the neighborhood's emergence as a family-friendly destination.
Media Mention

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Litigation Special Section: Five Commandments of Family-Owned Business Divorce
May 6, 2013 -- New York Law Journal
Herrick, Feinstein Partners John R. Goldman and Belinda G. Schwartz co-authored an article about the complexities of business divorces for family-owned businesses which was featured in the New York Law Journal's Litigation Special Section
Media Mention

How Should Hedge Fund Managers Approach the Allocation of Expenses Among Their Firms and Their Funds?
May 2, 2013 -- Hedge Fund Law Report
Though hedge fund managers must incur a significant amount and variety of expenses, there are no regulations specifically delineating how they should allocate them among their firms and their funds. In an article exploring these issues, Irwin M. Latner, partner and co-chair of Herrick, Feinstein's Hedge Fund Group is quoted extensively.
Media Mention

Movers
April 29, 2013 -- National Law Journal
The column included the news that Herrick, Feinstein named Louis Tuchman a partner in the New York office and the new co-chair of the Tax & Personal Planning Group.
Media Mention

Law360 Q&A With Herrick Feinstein’s Alan Kaplan
April 26, 2013 -- Law360
Alan D. Kaplan, co-chair of Herrick’s Product Liability Practice was interviewed in a Law360 (www.law360.com) Q&A profile answering questions about his practice, most challenging cases and aspects of product liability practice that need reform.
Media Mention

Lawyers on The Move
April 24, 2013 -- Reuters Career Tracker
The weekly round up of legal industry moves noted that Herrick, Feinstein added Louis Tuchman as a partner and the new co-chair of the firm’s Tax & Personal Planning Group.
Media Mention

Canada Under Pressure Over Potential Nazi Loot: Montreal Museum Returns Painting Amid Growing Calls to Fund Provenance Research and Return Disputed Works
April 2013 -- The Art Newspaper
Larry Kaye has been quoted in an article in the April issue of The Art Newspaper. The article discusses Canada's focus on the commemoration of Nazi victims and Nazi-era looted art. On the topic of Canada "lagging behind," Larry Kaye is quoted saying, "We contacted the [Montreal Museum of Fine Arts] almost a decade ago and have been seeking the return of the painting ever since."
Media Mention

Kaye Scholer’s Tuchman Joins Herrick Feinstein to Head Group
April 22, 2013 -- Bloomberg: Business of Law
The legal industry news round up noted that Herrick, Feinstein added Louis Tuchman as a partner and the new co-chair of the firm's Tax & Personal Planning Group.
Media Mention

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Holtzman Returns to Watergate in Documentary
April 18, 2013 -- City & State
The magazine, dedicated to city and state politics in New York, reported on the premiere of a new documentary by Robert Redford entitled All the President's Men Revisited which features Herrick, Feinstein Government Relations Group co-chair and former U.S. Congresswoman Elizabeth Holtzman.
Media Mention

Executive Moves
April 17, 2013 -- Crain’s New York Business
The column included the news that Herrick, Feinstein named Louis Tuchman a partner in the New York office and the new co-chair of the Tax & Personal Planning Group.
Media Mention

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McMahon: It's Unfair to Hold Azerbaijan to a Higher Standard Than Russia
April 16, 2013 -- CQ Roll Call
Partner, Co-chair of Herrick Feinstein’s government relations practice, and Former Congressional Representative of New York, Michael McMahon, published an op-ed on how one former Soviet bloc country is singled out by a doctrine of U.S. foreign policy that is almost 21 years out of date and does not reflect the deep bilateral partnership between the United States and Azerbaijan.
Media Mention

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Consultants Corner
April 15, 2013 -- NY1
Kevin Fullington appeared on the “Consultants Corner” segment of NY1's Inside City Hall discussing the likelihood of Anthony Weiner running for Mayor of New York City.
Media Mention

Court Bars Madoff Investor Lawsuits Against SEC
April 11, 2013 -- FINAlternatives
FINAlternatives reported on the Second U.S. Circuit Court of Appeals decision to uphold a lower court's rejection of claims by a number of defrauded Madoff investors against the SEC. Herrick, Feinstein Partner Howard Elisofon, who represented a group of investors in the suit, said, "We believed that our clients were wronged (both by Madoff and the SEC), and their rights needed to be vindicated. We recognized that challenging the SEC would be difficult, but this was a case that needed to be fought."
Media Mention

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NY Appeals Court Backs Rite Aid In $2M Landlord Tax Row
Arpil 10, 2013 -- Law360
A New York state appeals court on Tuesday refused to dismiss claims by Rite Aid of New York Inc. alleging that a property manager overbilled the retail drugstore by at least $1.85 million for its share of property taxes, saying Rite Aid showed that they didn't have necessary information to determine they had been overcharged. Michael Berengarten of Herrick Feinstein LLP, who represents Rite Aid, hailed the decision.
Media Mention

Construction Spending Rises But Lenders Remain Wary
April 10, 2013 -- Real Estate Finance Intelligence
Stephen Brodie was quoted in an article regarding a rise in construction spending in 2013. "When there is an uncertain environment, banks will not go out of their way to extend credit," noted Stephen. Additionally, Stephen is quoted saying, "[y]ou can't make money on a safe investment these days. Banks know that over time investors grow impatient for returns. The regulatory environment further encourages the lenders' skepticism."
Media Mention

Madoff Investors Can’t Sue SEC, U.S. Appeals Court Rules
April 10, 2013 -- Bloomberg
Bloomberg reported on the decision by the U.S. Court of Appeals for the Second Circuit to uphold a lower-court decision to dismiss suits brought by Bernard Madoff's investors against the SEC for failing to uncover his massive Ponzi scheme. Herrick, Feinstein Partner Howard Elisofon, who represented several of the investors, said, "We believe that our clients were wronged (both by Madoff and the SEC), and their rights needed to be vindicated. We recognized that challenging the SEC would be difficult, but this was a case that needed to be fought."
Media Mention

Victims of Madoff fraud can't sue SEC -U.S. appeals court
April 10, 2013 -- Reuters
In an article about the decision by the U.S. Court of Appeals for the Second Circuit to uphold a lower-court decision to dismiss suits brought by Bernard Madoff's investors against the SEC for failing to uncover his massive Ponzi scheme it is noted that Herrick, Feinstein represented investors Phyllis Molchatsky and Steven Schneider. Herrick Partner Howard Elisofon was quoted saying he "recognized that challenging the SEC would be difficult, but this was a case that needed to be fought."
Media Mention

NY appeals court puts stop to Madoff SEC lawsuit
April 10, 2013 -- Associated Press
The Associated Press covered the decision by the Second U.S. Circuit Court of Appeals to uphold a lower-court decision to dismiss suits brought by Bernard Madoff's investors against the SEC for failing to uncover his massive Ponzi scheme. The article notes that Herrick, Feinstein, which represented a group of investors, believed the investors were wronged both by Madoff and the SEC and their rights needed to be vindicated. Herrick Partner Howard Elisofon said, "We recognized that challenging the SEC would be difficult, but this was a case that needed to be fought."
Media Mention

Second Appeals Court Rejects Investors' Bid To Sue SEC Over Madoff Fraud
April 10, 2013 -- The Wall Street Journal
In an article about the U.S. Court of Appeals for the Second Circuit decision to uphold a lower-court decision to dismiss suits brought by Bernard Madoff's investors against the SEC for failing to uncover his massive Ponzi scheme. It is noted that Herrick, Feinstein LLP represented a group of investors in the suit. Partner Howard Elisofon is quoted saying, "We believe that our clients were wronged (both by Madoff and the SEC), and their rights needed to be vindicated. We recognized that challenging the SEC would be difficult, but this was a case that needed to be fought."
Media Mention

SEC Not Liable for Missing Bernie Madoff Scheme: Court
April 10, 2013 -- ABC News
ABC News reported on the Second U.S. Circuit Court of Appeals decision to uphold a lower court's rejection of claims by a number of defrauded Madoff investors. The article quotes Herrick, Feinstein Partner Howard Elisofon who said, "We recognized that challenging the SEC would be difficult but this was a case that needed to be fought. We believe that our clients were wronged (both by Madoff and the SEC) and their rights needed to be vindicated."
Media Mention

2nd Circ. Shields SEC From Madoff Victims' Suit
April 10, 2013 -- Law360
In an article about the decision by the U.S. Court of Appeals for the Second Circuit to reject claims by a number of defrauded Madoff investors Herrick, Feinstein Partner Howard R. Elisofon, who represented a group of the plaintiffs, described how his clients had been wronged by both Madoff and the SEC.
Media Mention

Kaye Scholer tax partner jumps to Herrick
April 10, 2013 -- The National Law Journal
The publication highlighted the recent addition of Louis Tuchman to Herrick, Feinstein's Tax & Personal Planning Group. Mr. Tuchman, who joined as partner and the co-chair of the group, said of the move, "I've been a tax practitioner for a long time, but this is a new environment that's going to give me a chance to build a department and build a practice on my own."
Media Mention

Holtzman Amendment: A Commitment to Removal of Nazi Perpetrators
April 4, 2013 -- New York Law Journal
Elizabeth Holtzman served as Congresswoman from New York's 16th District from 1973-1981 and was Chair of the Immigration Subcommittee from 1978-1981. She was the first member of Congress to expose the presence of Nazi war criminals living in the United States and the government's inaction in their presence, and led the fight to bring them to justice.
Media Mention

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Venue Transferred: Houghton Mifflin and Patriot Coal Show It’s Possible
March 2013 -- Turnarounds & Workouts
In an article regarding parties to bankruptcies having to file large cases in New York or Delaware instead of the business's actual location, Paul Rubin is quoted several times.
Media Mention

Idaho Court’s Baseball Rule Balk Could Impact Other Sports
March 28, 2013 -- Law360
In an article about the Idaho Supreme Court's recent decision declining to adopt the so-called baseball rule, which prohibits fans injured by foul balls from suing team and stadium owners for negligence, Herrick, Feinstein Partner Daniel A. Etna is quoted on the impact of the ruling, saying, "I find it very unlikely that this will result in a paradigm shift for sports fan injuries nationwide. It's one out of 50 states, and I think it has to be viewed through that lens."
Media Mention

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Landlords ask court to throw out Sandy class action
March 27, 2013 -- The Real Deal
Mara Levin is representing landlords in a class action suit in which the plaintiffs are seeking rent refunds for the period in which Hurricane Sandy left their units "uninhabitable."
Media Mention

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NYC developer beats $2M judgment in case over failed Las Vegas W Hotel
March 22, 2013 -- The Real Deal
New York developer Jason Halpern has escaped having to pay more than $2 million to his former partner in the development of a failed W Hotel in Las Vegas, following a ruling from Nevada’s highest court. The Nevada State Supreme Court overturned the judgment in the indemnification case, effectively letting Halpern off the hook in New York as well. Bill Fried, chair of Herrick’s Construction Litigation Practice Group, is quoted stating “Mr. Halpern is gratified that the Nevada [Supreme Court] properly vacated a clearly erroneous decision.”
Media Mention

New City Law Will Permit Suit Over Bias Against Jobless
March 15, 2013 -- New York Law Journal
In an article exploring the potential effects of New York City's new unemployment anti-discrimination law, Mara B. Levin, partner and co-chair of Herrick, Feinstein's employment group, explains how the law allows an employer to consider the applicant's unemployment when there is a "substantially job-related reason" for doing so.
Media Mention

Life vs. Work – Managing Caregivers (Pt. 1 and 2)
March 14, 2013 -- LocalJobNetwork
In an extensive two-part interview Mara B. Levin, partner and co-chair of Herrick, Feinstein's employment group, analyzes the escalated consciousness of caregivers and their place in the workplace.
Media Mention

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5 Ways To Hit A Home Run As A Sports Investor
March 14, 2013 -- Business Insider
Irwin Kishner has been quoted in an article re: various investment vehicles in sports. "The most important part is you have to deal with a reputable source when you buy or sell -- someone who can authenticate the item," says Irwin. He went on to note that, "People should only (invest in memorabilia) if they enjoy it," rather than to make money.
Media Mention

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Extell in Gem of a Deal with Turkey’s Gulaylar
March 13, 2013 - NY Post
Turkey’s Gulaylar Group has bought the Gem Tower, a three-level, 12,000 square-foot retail condominium on West 47th Street in New York City. Gulaylar Group is involved in the design, production, and distribution of jewelry to 55 countries, and is also active in hotel and shopping mall development.
Media Mention

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Will the Next NYC Mayor Continue Bloomberg's Urban Planning Legacy?
March 2013 -- Governing
In an article exploring the legacy of the City Planning Department during the Bloomberg administration, Mitchell Korbey, partner and chair of the Herrick, Feinstein's Land Use & Environmental Group, is quoted about the City Planning Department's efforts to upzone neighborhoods and areas of the city to allow for higher density and more as-of-right development.
Media Mention

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Mitchell Korbey Cited in The Wall Street Journal Article
March 13, 2013 -- The Wall Street Journal
Mitchell Korbey, partner and chair of the Herrick, Feinstein's Land Use & Environmental Group, is quoted in an article in The Wall Street Journal.
Media Mention

Ladies with Designs on Building Tomorrow’s World
February 27, 2013 -- Real Estate Weekly
Belinda Schwartz, Partner in Herrick, Feinstein's Real Estate Group and moderator of the "Women Who Design" Panel at the recent Real Estate Weekly Women's Forum, discusses the topics that that would be addressed by the panelists.
Media Mention

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Consultants Corner
February 25, 2013 -- NY1
Kevin Fullington appears on a panel discussing the federal sequester spending cuts and a Brooklyn Assemblyman caught wearing blackface.
Media Mention

Copyright Protection, Freedom of Expression, and Fashion Show Photographs?
February 22, 2013 -- Center For Art Law
The Center For Art Law excerpted and linked to a review of the Ashby Donald and others v. France decision written by Barry Werbin, partner and chair of the Intellectual Property and Technology Group, which was originally published by the New York State Bar Association's Entertainment, Arts and Sports Law Blog.
Media Mention

Appeals Court Affirms Competition Is Key in Chapter 11
February 21, 2013 -- Dow Jones Daily Bankruptcy Review
In an article discussing a recent decision by the U.S. Court of Appeals for the Seventh Circuit that reaffirms the critical role of competition in Chapter 11 to ensure the most value possible is secured for creditors, Herrick, Feinstein partner and chair of the Bankruptcy Practice Group Stephen Selbst is quoted about how the decision was not a surprise based on the landmark 203 North LaSalle case. "What the debtor tried to do was find a sneaky way around 203 North LaSalle, and the Seventh Circuit wasn't having any part of it," said Mr. Selbst.
Media Mention

Is It Time to Hock the Art?
February 16, 2013 -- The Wall Street Journal
The Weekend Investor column explores the trend of wealthy investors turning to private banks for low interest loans using assets such as private planes or art collections as collateral. Herrick, Feinstein partner and chair of the Financial Institutions Practice Stephen Brodie is quoted about the increase in these types of transactions. “Art loans are far more common today than they were three or four years ago,” says Mr. Brodie.
Media Mention

Mollen of Herrick, Feinstein brings 111 Great Neck Rd. to 89% occupied
February 12, 2013 -- New York Real Estate Journal
In an article about 111 Great Neck Road, a property that has been in receivership since 2010, it is noted that Scott E. Mollen, Co-Chair of Herrick, Feinstein LLP’s Real Estate Group and the court-appointed receiver of the property, has employed a forward-thinking, pro-active approach to managing the building in an effort to establish a strong tenant roster and position the building for the future.
Media Mention

More male caregivers, more discrimination at work
February 5, 2013 -- Fortune.com
In an article discussing the growing number of male caregivers and the spike in related employment discrimination claims, Herrick, Feinstein partner and co-chair of the Employment Practice Group Mara B. Levin is quoted about the increase in clients seeking advise on the topic.
Media Mention

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Belinda Schwartz on The Stoler Report
February 5, 2013 -- The Stoler Report
Michael Stoler and his guests Belinda Schwartz, Herrick, Feinstein; Susan Hewitt, The Cheshire Group; Margarette Lee, YoungWoo Associates; Julia Hodgson, World Wide Holdings describe two important aspects in the business of developing properties: patience and negotiation in all aspects of the process. Development takes a long time and "patient capital" to move from the hole-in-the ground to the finished product.
Media Mention

Looking Ahead to 2013: The Hedge Fund Industry Speaks
January 2013 -- FINAlternatives
Irwin Kishner, Chairman of the Executive Committee and Co-Chair of the Corporate Department, was included in an annual report on what hedge fund industry leaders are expecting in 2013. Mr. Kishner notes, "Private equity activity is going to pick up on a number of fronts in 2013." He adds, "I expect an increase in M&A in general, including in the private equity arena, particularly in the middle market."
Media Mention

Despite Spotlight, Next DOJ Chief May Face Diminished Role
January 29, 2013 -- Law360
In an article discussing the planned departure of Lanny Breuer from the Department of Justice Criminal Division and the potential role of his successor, Herrick, Feinstein partner and head of the White Collar Defense Group Steven Feldman is quoted about the limited influence the new chief will have on setting priorities for regional U.S. attorney’s offices. “A new guy or gal will definitely try to set priorities,” Mr. Feldman said, “but I’m not sure I agree with the premise that they’ll have much control.”
Media Mention

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Justice Milton Mollen Featured on “Building New York - New York Life Stories” on CUNY TV
January 2013 -- CUNY TV
Justice Milton Mollen (Ret.), Counsel at Herrick, is featured on “Building New York - New York Life Stories” hosted by Michael Stoler.
Media Mention

Personal Notes on Lawyers
January 18, 2013 -- New York Law Journal
The column noted that Herrick, Feinstein promoted four attorneys to the firm's partnership. The New partners include Barbaros Karaahmet, a member of the corporate department and co-chair of the Turkish practice; Michael McMahon, the co-chair of Herrick’s government relations group; and Frederick Schmidt, who focuses on restructuring and bankruptcy.
Media Mention

Oprah Interview Marks Beginning of Armstrong's Next Legal Battle
January 18, 2013 -- The AmLaw Daily
In an article detailing the potential legal issues still facing Lance Armstrong following his recent admission about his use of performance-enhancing drugs, it is noted that Armstrong’s former USPS teammates, Tom Danielson, Christian Vande Velde and David Zabriskie were represented by Herrick, Feinstein Counsel David Rosenfield in their dealings with the U.S. Anti-Doping Agency.
Media Mention

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One-time hippy keeps his cool at dealmaking table
January 16, 2013 -- Real Estate Weekly
Herrick, Feinstein Partner and Co-Chair of the firm’s prominent Real Estate Group, is profiled in a feature that describes his hands-on knowledge of the real estate business and his practical approach to dealmaking. Mr. Russo describes his business philosophy, noting, “It’s about understanding the issues and how the deal works, what the economics are, and what the client should be doing from a business and legal perspective.”
Media Mention

Viewpoint: Contract Counterparties Facing Sales Must Be Vigilant
January 8, 2013 -- DowJones Daily Bankruptcy Review
Herrick, Feinstein Partner Paul Rubin co-authored an article for the Daily Bankruptcy Review which provides guidance to businesses that have contracts with Chapter 11 debtors about how to protect themselves, enforce their rights to collect payments due and avoid falling prey to creative tactics that debtors, purchasers and their advisors have employed.
Media Mention

Acquiring Inclusionary Air Rights In NYC: A Primer
January 3, 2013 -- Real Estate Law 360
A byline defining inclusionary air rights and the process by which they can be acquired and transferred by Herrick, Feinstein Associate Michael A. Smith and Senior Planning and Development Specialist Jennifer Dickson was featured in the Expert Analysis section of Real Estate Law360.
Media Mention

Who's News
January 2, 2013 -- Real Estate Weekly
The column included the news that Herrick, Feinstein added experienced urban planner Arthur Huh to the firm’s Land Use and Environmental Group.
Media Mention

Herrick, Feinstein Team Helps Property Thrive in Receivership
December 27, 2012 -- Real Estate Weekly
In an article about 111 Great Neck Road, a property that has been in receivership since 2010, it is noted that Scott E. Mollen, Co-Chair of Herrick, Feinstein LLP’s Real Estate Group and the court-appointed receiver of the property, has employed a forward-thinking, pro-active approach to managing the building in an effort to establish a strong tenant roster and position the building for the future. Mr. Mollen is quoted, saying, “This property is one of the pre-eminent buildings in the Nassau County office marketplace and I knew that it was crucial to reassure existing tenants and communicate to potential tenants, that 111 Great Neck Road would continue to be run as a Class A building during receivership.”
Media Mention

Claims Narrowed in Lawsuit Alleging “Pay to Prosecute” Scheme
December 27, 2012 -- New York Law Journal
In an article detailing the ruling by a federal judge to narrow a lawsuit filed by Long Island attorney Robert Del Col and his client, Ted Doukas, against Nassau County DA Kathleen Rice and officials of DataTreasury, a Texas company founded in Melville, it is noted that Scott Mollen, Partner and co-chair of Herrick, Feinstein’s Real Estate Group, is representing several DataTreasury officials. District Judge Margo Brodie dismissed several claims in the suit, which alleges that campaign contributions made to Rice by DataTreasury officials led her office in 2009 to charge Del Col and Doukas with extortion. “Our clients are clearly gratified that so many claims have either been dismissed or withdrawn in an action that they believe is clearly baseless.”
Media Mention

Movers - Laterals
December 24, 2012 -- The National Law Journal
The column included the news that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

Huh Joins Herrick
December 21, 2012 -- CityFeet
In a brief article about the addition of Arthur Huh to Herrick, Feinstein’s Land Use and Environmental Group, it is noted that Mr. Huh was previously a City Planner in the Manhattan Borough Office of the Department of City Planning and that he has extensive experience in the areas of urban planning, land use and historic preservation.
Media Mention

Conspiracy Suit Against DA Rice Narrows
December 19, 2012 -- Newsday
In an article about a ruling by a federal judge to narrow a lawsuit filed by attorney Robert Del Col and his client, Ted Doukas, against Nassau County DA Kathleen Rice and officials of DataTreasury, a Texas company founded in Melville, it is noted that Scott Mollen, Partner and co-chair of Herrick, Feinstein’s Real Estate Group, is representing several DataTreasury officials. District Judge Margo Brodie threw out several claims in the suit, which alleges that campaign contributions made to Rice by DataTreasury officials led her office in 2009 to charge Del Col and Doukas with extortion. Mr. Mollen is quoted, saying he is “confident all the claims will fail in the end.”
Media Mention

Who's News
December 19, 2012 -- Real Estate Weekly
The column included the news that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

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Lawyer: Madoff May Be One of My Clients' Better Investments
December 18, 2012 -- Bloomberg Law Video “Rainmakers”
Arthur Jakoby, Co-Chair of the Securities and Commodities Litigation and Regulatory Practice Group at Herrick, Feinstein, was featured on Bloomberg Law's Rainmakers series with Spencer Mazyck. Mr. Jakoby discussed his representation of Beacon Associates LLC and Andover Associates LLP in the recently announced, unprecedented settlement of various litigations arising out of the collapse of Bernard L. Madoff Investment Securities LLC.
Media Mention

Madoff Settlement Could Net Hefty Profit for Hedge Funds and Investors
December 17, 2012 -- Hedge Funds Review
Arthur Jakoby, Herrick, Feinstein Partner and co-Chair of the firm’s Securities and Commodities Litigation and Regulatory Practice Group, is quoted in an article describing the unprecedented global settlement on behalf of Beacon Associates LLC and Andover Associates LLP, feeder funds which were defrauded by Bernard L. Madoff Investment Securities LLC. "We expect our clients to recover significantly more than their losses," said Mr. Jakoby. "If you look at what has happened with other Madoff investors, no one has made a profit on their Madoff investments."
Media Mention

Borrowers Press for Eased Covenants
December 14, 2012 -- Commercial Mortgage Alert
Herrick, Feinstein Partner John St. Jeanos is quoted in an article about the growing pressure by borrowers to have commercial banks negotiate lender protection clauses. Mr. St. Jeanos said, “Even though the economy in some people’s eyes may not be materially better, as competition increases you are going to see some lenders more willing to negotiate.”
Media Mention

Madoff Victims Get an Xmas Gift Card
December 13, 2012 -- Institutional Investor
In an article detailing the unprecedented recent global settlement on behalf of Beacon Associates LLC and Andover Associates LLP, feeder funds which were defrauded by Bernard L. Madoff Investment Securities LLC, Arthur Jakoby, Herrick, Feinstein Partner and co-Chair of the firm’s Securities and Commodities Litigation and Regulatory Practice Group, says, “With all of the settle amount combined, the investors are likely to recover more than 100 percent of their principal investment and make a profit on their Madoff investment."
Media Mention

FiberTower Injunction Raises Fresh Questions About the Interplay Between Telecommunications and Bankruptcy Law
December 13, 2012 -- Bloomberg BNA Bankruptcy Law Reporter
Herrick, Feinstein Partner Stephen B. Selbst and Counsel Leslie Chervokas co-authored an article about the implications of a recent ruling in the bankruptcy proceedings of FiberTower Networks, Inc. and how it demonstrates the ongoing struggle to harmonize telecommunications law and policy with the Bankruptcy Code.
Media Mention

People Moves
December 13, 2012 -- Bloomberg Brief Bankruptcy & Restructuring
The column included the news that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

Herrick Feinstein Snags Real Estate Vet In New York
December 12, 2012 -- Law360
In an article announcing that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office, Mr. Kalikow is quoted about his new role. “I think there's a tremendous synergy between my practice and the firm's, which will enable me to serve my existing clients very well and expand my practice," he noted.
Media Mention

Personal Notes on Lawyers
December 12, 2012 -- The NY Law Journal
The column included the news that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

Executive Moves
December 12, 2012 -- Crain’s New York Business
The column included the news that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

Women in Real Estate
December 11, 2012 -- The Commercial Observer
Herrick, Feinstein Partner and co-founder of Herrick’s Real Women of Real Estate forum, Belinda Schwartz was included in the Commercial Observer’s First Annual Women in Real Estate issue.
Media Mention

Career Tracker – Lawyers on the Move
December 11, 2012 -- Thomson Reuters News & Insight
The CareerTracker column noted that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

Business of Law: Moves
December 10, 2012 -- Bloomberg
The legal industry news round up included the news that Herrick, Feinstein added real estate industry veteran Richard Kalikow as a Partner in the firm’s Real Estate Group. The article mentions Mr. Kalikow’s extensive experience representing U.S. and international clients on a range of real estate matters.
Media Mention

The Churn
December 7, 2012 -- The AmLaw Daily
In The Churn column, it is noted that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

Movers & Shakers
December 7, 2012 -- The Deal
In the Movers & Shakers column, it is noted that Herrick, Feinstein’s Real Estate Group added real estate industry veteran Richard Kalikow as a Partner in the New York office.
Media Mention

Judge Approves Settlement with Madoff Feeder Funds
December 5, 2012 -- DowJones Daily Bankruptcy Review and Wall Street Journal Bankruptcy Beat Blog
Dow Jones reported on Judge Burton R. Lifland’s approval of a settlement that, in connection with a separate pending settlement, will likely result in the complete recovery of investments for Beacon Associates LLC and Andover Associates LLP, feeder funds which were defrauded by Bernard L. Madoff Investment Securities LLC. In the article Arthur Jakoby, Herrick, Feinstein Partner and co-Chair of the firm’s Securities and Commodities Litigation and Regulatory Practice Group, who is counsel for the Beacon/Andover Funds, said that the settlement” virtually guarantees” that Beacon and Andover are “going to make a profit from Madoff."
Media Mention

Herrick Adds Real Estate Attorney Richard Kalikow
December 5, 2012 -- LawDragon
The legal industry news outlet noted that Herrick, Feinstein added real estate industry veteran Richard Kalikow as a Partner in the firm’s Real Estate Group.
Media Mention

Madoff Trustee, Feeder Funds Reach $24M Settlement
December 4, 2012 -- Law360
In an article detailing the approval by a New York bankruptcy judge of a $24 million settlement between the trustee for Bernard Madoff's Ponzi scheme and a number of feeder funds, Herrick, Feinstein LLP is noted for representing Beacon Associates LLC and Andover Associates LLP.
Media Mention

Bridgestone, BMW Skid Out Of Defective Tire Action
November 29, 2012 -- Law360
In an article detailing a New Jersey federal judge’s dismissal of a $5 million putative class action against BMW of North America and Bridgestone Americas, Inc., Herrick, Feinstein LLP is noted for representing defendants Bridgestone Americas, Inc., Bridgestone Americas Tire Operations LLC and Bridgestone Firestone North American Tire LLC.
Media Mention

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Michael McMahon, Former Staten Island Congressman, Discusses Borough
November 26, 2012 -- NBC 4 New York
Michael McMahon, co-chair of Herrick, Feinstein’s Government Relations Group and former U.S. Congressman from New York’s 13th District, was interviewed about Staten Island’s recovery from Hurricane Sandy. Mr. McMahon discussed the more immediate and long term needs of the community.
Media Mention

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NY Entitled To $11.5M For GGP Loan Default, 2nd Circ. Hears
November 26, 2012 -- Law360
In an article detailing arguments before the Second Circuit, Herrick, Feinstein Partner Andrew Gold is quoted urging the court to uphold a decision awarding New York State an $11.7M default interest penalty from the bankrupt General Growth Property Inc., which defaulted on a loan from the New York State Common Retirement Fund. Mr. Gold noted, “The debtor did rehabilitate, it did emerge solvent. There's no reason the debtor should not have to pay default interest.”
Media Mention

Stillman & Friedman, DLA Piper, Hogan: Business of Law
November 21, 2012 -- Bloomberg News
In an article discussing law firm involvement in the News Corp/YES Network deal, Herrick, Feinstein partners involved in the deal as lead counsel to the Yankees are mentioned, including: Irwin Kishner, Richard Morris, Edward Stevenson and Daniel Etna.
Media Mention

News Corp Acquires Major Stake in Yankees’ YES Network
November 20, 2012 -- Law360
In an article about the News Corp/YES Network deal, the Herrick, Feinstein team that represented the Yankees and Yankee Global Enterprises was mentioned, including: Irwin Kishner, Richard Morris, Edward Stevenson, Daniel Etna, Glenn Stein, Matthew Kunkes and David Hoffman.
Media Mention

Seven Am Law 200 Firms in Lineup for Sale of YES Network Stake
November 20, 2012 -- AmLawDaily
In an article detailing law firm involvement in the News Corp/YES Network deal, Herrick, Feinstein partners involved in the deal as lead counsel to the Yankees are mentioned, including: Irwin Kishner, Richard Morris, Edward Stevenson and Daniel Etna.
Media Mention

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Consultants Converse About Stringer’s New Campaign
November 19, 2012 -- NY1's Inside City Hall -- Consultants Corner
Kevin Fullington comments on the impending fiscal cliff and on Manhattan Borough President Scott Stringer’s exit from the mayoral race and entrance into the contest for city comptroller.
Media Mention

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Second Department Presents Mollen Awards
November 15, 2012 -- New York Law Journal
Named in honor of a former presiding justice in the Second Department who is now counsel to Herrick Feinstein, the award recognizes "the achievements and efforts of seven employees who have demonstrated professionalism, dedication and extraordinary service to their court or agency."
Media Mention

NY: $210M from Mellon co. to end Madoff lawsuits
November 13, 2012 -- Associated Press
In an article about a settlement reached with Ivy Asset Management, which advised clients to invest with Bernard Madoff, Herrick, Feinstein Partner and co-Chair of the Securities and Commodities Litigation and Regulatory Practice Group, Arthur Jakoby, is quoted describing what the settlement means for the investors in the Beacon and Andover Funds, which include union pension plans. The Associated Press report appeared in outlets including The Washington Post, ABC News, NBC News, Fox News, Bloomberg BusinessWeek and the Wall Street Journal online.
Media Mention

Ivy Asset Mgmt settles with NY for $210 million over Madoff
Novemer 13, 2012 -- Reuters
Herrick, Feinstein Partner and co-Chair of the Securities and Commodities Litigation and Regulatory Practice Group, Arthur Jakoby, is quoted in an article about a settlement reached with Ivy Asset Management which advised clients to invest with Bernard Madoff. Mr. Jakoby notes that, “investors in Beacon and Andover funds, which were feeder funds for Madoff, will receive about $99 million from the settlement.” The article further describes a second settlement Mr. Jakoby negotiated with the Madoff Trustee on behalf of the Beacon and Andover Funds which will recover approximately $100 million more for investors.
Media Mention

BNY Mellon Unit To Pay $210M To End Madoff Investor Suits
November 13, 2012 -- Law360
Law360 reported on the settlement reached with Ivy Asset Management which advised clients to invest with Bernard Madoff. The article quotes Herrick, Feinstein Partner and co-Chair of the Securities and Commodities Litigation and Regulatory Practice Group, Arthur Jakoby, who represented the Beacon and Andover Funds, about what the outcome means for the investors in the Beacon and Andover funds. "The crimes perpetrated by Bernard Madoff against the Beacon/Andover Funds were financially devastating to our investors, but this settlement provides our investors with justice and will restore to our investors their hard earned monies," Jakoby said.
Media Mention

Area union pensions gain in Madoff deal
November 13, 2012 -- Albany Times Union
In a story about how the settlement agreement reached with Ivy Asset Management will impact New York State pension plans, the Albany Times Union quotes Herrick, Feinstein Partner and co-Chair of the Securities and Commodities Litigation and Regulatory Practice Group, Arthur Jakoby who stated that the settlement, “provides our investors with justice and will restore to our investors their hard earned monies."
Media Mention

Labor Department settles with Ivy, 3 other firms over Madoff losses
November 13, 2012 -- Pensions & Investments
Herrick, Feinstein Partner and co-Chair of the Securities and Commodities Litigation and Regulatory Practice Group, Arthur Jakoby is quoted in a report about the settlement with Ivy Asset Management which resolves litigation filed by both the Department of Labor and the New York Attorney General's office as well as private and class-action lawsuits brought by individuals and pension plans. On behalf of Beacon Associates and Andover Associates, Mr. Jakoby states, “This settlement probably is the most favorable outcome for any investor who invested with Madoff through an investment feeder fund … this settlement provides our investors with justice and will restore … their hard-earned monies.”
Media Mention

NY Court of Appeals Judge Jones dies at 68
November 6, 2012 -- Thomson Reuters News & Insight
In an article about the passing of Judge Theodore Jones Jr. of the New York State Court of Appeals, Herrick, Feinstein Partner and co-Chair of the Real Estate Group, Scott Mollen is quoted among attorneys, judges and bar groups who praised Judge Jones. Mr. Mollen, who graduated with Jones from St. John's University School of Law in 1972, said "He was the antithesis of pompousness and arrogance."
Media Mention

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Among Developers, City Midtown Zoning Push Draws Fans, Foes
November 6, 2012 -- The Commercial Observer
In an article exploring the proposed rezoning plan for the East Midtown area of Manhattan, Herrick, Feinstein Partner and Chair of the Land Use & Environmental Group, Mitchell Korbey, is quoted about the “stringent” public approval process that the rezoning would require for new, tall office towers. Mr. Korbey also notes that the proposed rezoning is “forward-thinking” and that the plan is about “the need to support East Midtown.”
Media Mention

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The Picture on the Wall
October 28, 2012 -- Calcalist
Lawrence Kaye, on a recent trip to Israel, tells Calcalist about the long road to proving ownership and the successes worth tens of millions of dollars.
Media Mention

Ex-congressman: ‘Any success for Azerbaijan is a threat to Armenian lobby’
October 16, 2012 - Today.AZ
Michael McMahon is interviewed about the state of Azerbaijan and current relations between Azerbaijan and the U.S. Mike reports that Azerbaijan is a rapidly developing and emerging nation, that has come so far in 21 years since Independence.
Media Mention

USADA Lawyers Speak Out About Armstrong Probe, Pro Cycling's "Omertà"
October 12, 2012 -- The Am Law Daily
An article exploring the US Anti-Doping Agency's (USADA) recently released report which describes Lance Armstrong as the leader of a doping program designed to deceive regulators, notes that Herrick, Feinstein Litigation Counsel David Rosenfield represented Tom Danielson, Christian Vande Velde and David Zabriskie - three of Armstrong's teammates on the U.S. Postal Service pro cycling team.
Media Mention

Rezoning Bid Starts Rolling in Bushwick
October 12, 2012 -- Wall Street Journal
An article discussing potential rezoning plans for the formerly industrial areas of the Bushwick neighborhood in Brooklyn, notes that Herrick, Feinstein Partner Mitchell Korbey, who chairs the Land Use & Environmental Group, is representing a Brooklyn-based private developer in its proposal to rezone the former Rheingold brewery site. In the piece, Mr. Korbey mentions that the developer is open to considering the suggestions of the community and the local elected officials as the approvals process for the rezoning moves forward.
Media Mention

Excel Realty Advisors sues Engel Burman over Bristal sale
October 10, 2012 -- Long Island Business News
Herrick, Feinstein Litigation Partners Scott Mollen and John Goldman, were quoted in an article about the recent lawsuit filed in New York State Supreme Court by Excel Realty Advisors against The Engel Burman Group and several affiliates for breach of contract and refusal to compensate for brokerage and consulting services. Mr. Mollen and Mr. Goldman noted that Excel had “been specifically employed by Jan Burman to find a joint venture financial partner to reacquire and expand the Bristal chain of assisted care facilities,” And, after Excel ”accomplished precisely what it was asked to do”, the defendants are now seeking to “circumvent their contractual obligation to pay a commission.”
Media Mention

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Vivaro, a Large Scale Bankruptcy
October 1, 2012 -- thePrepaidPress
Frederick E. Schmidt, Jr. was quoted in article as representing Vivaro Corporation, one of the largest providers of prepaid calling cards, in US Bankruptcy Court in a large scale Chapter 11 bankruptcy filing that has stunned the industry, raising questions about the reasons.
Media Mention

$899M Miami Hotel Suit Belongs In Fla., NY Judge Says
October 1, 2012 -- Law360
A New York state judge dismissed a Miami hotel owner's $899 million suit and called it out on possibly forum shopping the case, which accuses Wells Fargo Bank NA and other servicers of the hotel's mortgage of releasing confidential financial information. The dismissal comes as a win for Herrick’s clients, the loan servicers, which had argued their motion to dismiss the suit in August and blasted the plaintiff at the time for trying to avoid the Florida courts, where the hotel owner has lost repeatedly. Ray Hannigan is quoted in the article, saying Judge Ramos went out of his way to highlight the gamesmanship unfortunately being engaged in by Philips in New York. Wells Fargo and LNR are represented by Raymond N. Hannigan and Daniella M. Muller of Herrick.
Media Mention

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Cubans struggle to reclaim their art
September 2012 -- The Art Newspaper
In an article about a new book published by Cuban Cultural Heritage called The Pillage of Cuban Patrimony, Herrick's Mari-Claudia Jiménez is quoted about the numerous calls Herrick has received from Cubans wishing seeking restitution of their art.
Media Mention

Movers - Laterals
September 24, 2012 -- National Law Journal
The National Law Journal noted that Jeffrey Wasserman has joined Herrick, Feinstein’s Litigation Department and will be based in the firm’s Newark, NJ office. The brief mentioned that Jeffrey’s focus is on complex commercial litigation and that he was previously with Chadbourne & Parke.
Media Mention

Herrick Feinstein To Rep East Side Turkish Center
September 13, 2012 -- GlobeSt
In an article about Herrick, Feinstein’s representation of the Republic of Turkey on all aspects of the development of its new Turkish Center, Partner Lawrence M. Kaye is quoted about the firm’s long-standing relationship with the Turkish government. Michael E. McMahon, co-chair of Herrick’s Government Relations Practice and former U.S. Congressman, as well as real estate Partner Jonathan Adelsberg are also quoted in the article about the importance of this project. The article also notes the addition of Barbaros M. Karaahmet to the firm’s Turkish Practice Group.
Media Mention

Herrick Feinstein Nabs Ex-Chadbourne Partner In Newark
September 5, 2012 -- Law360
In an article about the addition of Partner Jeffrey Wasserman to Herrick, Feinstein’s Litigation Department in the Newark office, Ronald J. Levine, partner and co-chair of the litigation practice, is quoted about the experience and depth that Jeffrey adds to the group and the expansion of the firm’s New Jersey presence. Mr. Wasserman is also quoted, stating that he is looking forward to “developing great client relationships and doing great work for those clients.”
Media Mention

Herrick, Feinstein picks up litigation partner from Chadbourne
September 5, 2012 -- The National Law Journal
New Herrick, Feinstein Litigation Department Partner Jeffrey Wasserman is quoted in an article discussing his move from former firm Chadbourne & Parke. On the topic of what attracted him to Herrick, Mr. Wasserman said, "Herrick's senior litigation partners are leaders in their fields with premier clients across the country and globally, which makes it an excellent fit for someone with my background."
Media Mention

A Picasso Online for Just $450? Yes, It Is a Steal
September 3, 2012 -- The New York Times
Barry Werbin, chair of Herrick’s Intellectual Property Group and a member of Herrick’s Art Law Group, is quoted in The New York Times article “A Picasso Online for Just $450? Yes, It Is a Steal,” which analyzes the proliferation of fake and misleadingly labeled art for sale on the Internet. In the article, Barry suggests that legitimate works of art are few and far between on the Internet, yet customers continue to buy art online, partly because of misguided notions gleaned from shows like “Antiques Roadshow.”
Media Mention

Vague FDA regulations spur suits over food labeling
August 27, 2012 -- Lawyers USA
Ronald J. Levine, partner and co-chair of Herrick, Feinstein’s litigation practice, is quoted in an article about the recent increase in class action law suits challenging the labeling on certain food products. In discussing the need for stricter preemption standards, Levine says, “It’s much too costly for a company to engage in litigation over terminology where there could have been a clear, bright line articulated either in the law or by the courts.”
Media Mention

Rheingold Homes in 2nd Round
August 13, 2012 -- New York Post
Herrick Partner Mitchell Korbey is noted for representing Read Property and is quoted on the developer’s recent zoning application as part of a plan to build 10 residential and mixed-use buildings on the site of the former Rheingold Brewery in the Bushwick section of Brooklyn. He says, “This is the very beginning of what will be a lengthy public-review process.”
Media Mention

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Ultra Music, Ultra Music Festival Announce 'Global Alliance'
August 12, 2012 -- Billboard.biz
Days after Herrick successfully 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, both parties agree to an alliance. The alliance is the result of a 13-hour settlement negotiation, spearheaded by Herrick, which benefits the growth of the Ultra brand.
Media Mention

The Benefit Corporation: A Silent Trend
August 10, 2012 -- Law 360
An article by Herrick, Feinstein’s Edward Stevenson, Partner, and Mark Falcon discussing the recent trend in state legislatures authorizing the formation of a new hybrid corporate legal structure called the benefit corporation was featured in the Expert Analysis section of Law 360.
Media Mention

NY Judge Weighs Move For $899M Miami Hotel Mortgage Suit
August 9, 2012 -- Law 360
In an article about a recent ruling in New York State Supreme Court in the Philips South Beach LLC v. NLIM Real Estate Mezzanine Fund II LP et al. case, it is noted that Partner Raymond N. Hannigan and Associate Daniella M. Muller of Herrick, Feinstein are representing Wells Fargo. The Court issued a stay in the case as it considers sending it back to Florida where it originated. Ray Hannigan is quoted, explaining that the plaintiff is trying “to get around a judge in Florida”.
Media Mention

Justice Department Watchdog Targets Bankruptcy Bonuses
August 3, 2012 -- Dow Jones Daily Bankruptcy Review
Stephen Selbst, Chair of Herrick's Bankruptcy Practice Group, is quoted in an article citing the recent trend of companies (Eastman Kodak Co., Hawker Beechcraft Inc. and Residential Capital LLC) paying bonuses to the same executives who led their companies into Chapter 11 protection. Stephen notes that debtors keep trying to set plans that at least notionally look like incentive plans but which are capable of being achieved. Mr. Selbst said it has led U.S. trustees to be especially vigilant in reviewing incentive plans, leading to a "cat-and-mouse game" between them and the companies they're monitoring. So while incentive plans are no longer new, they still remain a heavily contested subject in large corporate restructurings.
Media Mention

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NY State: Standard Chartered Hid Transactions
August 6, 2012 -- CNBC's Closing Bell
In a live network appearance, Steven Feldman, lead partner in Herrick's White Collar Litigation & Defense practice, weighs in on the legal implications of accusations leveled by New York State regulators that British banking giant Standard Chartered Bank hid at least $250 billion in illegal transactions with Iran.
Media Mention

Justice Department Watchdog Targets Bankruptcy Bonuses
August 3, 2012 -- Dow Jones Daily Bankruptcy Review
Stephen Selbst is quoted extensively in an article discussing the recent efforts by the US Department of Justice’s bankruptcy division to block companies from paying incentive bonuses to the executives who led their companies into Chapter 11 protection. According to Mr. Selbst, “When companies in Chapter 11 seek to pay executive bonuses, even though employees are laid off and creditors lose their money, we are often the only party to enforce the bonus restrictions imposed by law.”
Media Mention

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Iran: A threat to West and its neighbors
August 2, 2012 -- The Hill’s Congress Blog
Former Representative (D-N.Y.) and current counsel at Herrick, Michael McMahon published an op-ed on The Hill’s Congress Blog titled “Iran: A threat to West and its neighbors” that discusses the political effects of Azerbaijan’s geographical location. The Hill has the largest circulation of any Capitol Hill publication, circulating to 21,000 subscribers. The free website hosts 11 blogs covering political and policy issues including the Congress Blog where this article can be found.
Media Mention

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Women of Herrick Featured in Real Estate Weekly
July 18, 2012 -- Real Estate Weekly
The cover of this week's Real Estate Weekly features the women partners of Herrick at their recent "Cocktails at The Campbell Apartment Networking Event" in June. More than one hundred prominent women from diverse industries including real estate, finance, media, and the arts, joined together with the women partners and counsel of Herrick for an engaging and lively evening of networking. Featured in the photo are Therese Doherty, Susan Dwyer, Carol Goodman, Mara Levin, Belinda Schwartz, Michelle Bergeron Spell, and Jaimee Katz Sussner with guest of honor, Alexandra Wilkis Wilson, co-founder of luxury e-retailer Gilt Groupe.
Media Mention

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Midtown East Upzoning Plan Raises Debate Over Skyscraper District
July 13, 2012 -- GlobeSt.com
Herrick land use chair Mitch Korbey comments on the Department of City Planning’s Midtown East rezoning proposal in the Globest.com article, “Midtown East Upzoning Plan Raises Debate Over Skyscraper District.” In the article, Mitch says the rezoning “gives us a boost toward making these zones more economically, but given the size of some of the buildings, demolition and rebuilding could be difficult and may not be viable.”
Media Mention

Herrick Adds Nine From Stark
July 9, 2012 -- New Jersey Law Journal – On the Move
Herrick, Feinstein’s Real Estate Practice is noted for adding David Byrne, Richard Linderman and Mark Wiechnik as partners, Stacey Patterson as counsel, Elysa Bergenfeld as senior associate, and Ellen Goodman, Zain Nagvi, Stefanie Lampf and Ashley Newman as associates.
Media Mention

Herrick Feinstein Group Aids Swedes in Recovery of Stolen Rare Atlas
June 28, 2012 -- New York Law Journal
In a story about the retrieval of the 415-year-old Wytfliet Atlas, Herrick Feinstein is noted for representing the Royal Library of Sweden. Additionally, Steven Feldman is quoted on the search for the additional 55 missing books that were stolen from the Royal Library noting, “We have leads on a number of them.”
Media Mention

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Stolen atlas with first map of California is returned to Sweden
June 28, 2012 -- Los Angeles Times – Culture Monster
In a feature about the recovery of the Wytfliet Atlas, which contains the first printed map of California, and its return to the Royal Library, Herrick, Feinstein is noted for helping to lead the search. Commentary on the history, the recovery process and the ongoing search or other missing volumes from Steven Feldman is included throughout the article.
Media Mention

Stolen 415-year-old atlas returned to Sweden
June 28, 2012 -- The Telegraph
Herrick, Feinstein is noted for assisting the Royal Library of Sweden in the search for the Wytfliet Atlas and the additional 55 books that were stolen by Anders Burius.
Media Mention

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Herrick Lawyers Help Sweden Recover Atlas Stolen A Decade Ago
June 27, 2012 -- The American Lawyer
The American Lawyer describes Herrick’s assistance in the recovery of the stolen atlas as the latest success Lawrence Kaye and Howard Spiegler have enjoyed in a niche practice they first began to carve out for themselves more than 30 years ago.
Media Mention

Photo of the Day
June 27, 2012 -- ABC, Good Morning America – Yahoo! News
A photo of the Wytfliet Atlas, taken during the news conference at the Herrick, Feinstein offices announcing the book’s return to the Royal Library of Sweden, appeared as the first “Photo of the Day” in the online news outlet.
Media Mention

Rare stolen Swedish atlas recovered at NYC gallery
June 27, 2012 -- Associated Press
In a story about the retrieval of the Wytfliet Atlas, the firm is noted for representing the Royal Library of Sweden. Steven Feldman a partner at Herrick, Feinstein, is quoted throughout the article discussing the additional missing volumes which “went all over the world from the auction” in Germany. The Associated Press story was picked up by hundreds of outlets across the country including The Wall Street Journal, The San Francisco Chronicle, The Boston Globe, The Huffington Post, The Washington Post, ABC News, CBS News, MSN Money, CNBC, ArtDaily, U.S. News & World Report and BusinessWeek.
Media Mention

Historic stolen atlas returned to Sweden
June 27, 2012 -- Agence-France Presse
Herrick, Feinstein is noted for representing the Royal Library of Sweden in an article discussing the recovery of the Wytfliet Atlas. The article ran in multiple languages and appeared in outlets around the world including L’Express, Le Parisien, Le Point, RTL, Le Vif, France 24, El Pais, El Diario, Metro Portal, Univision, Nederlands Dagblad and MediaFax.
Media Mention

Herrick Lawyers Help Sweden Recover Atlas Stolen a Decade Ago
June 27, 2012 -- The AM Law Daily
The publication featured an article about Herrick, Feinstein’s work with the Royal Library of Sweden to recover the Wytfliet Atlas and the additional 55 books that were stolen by a former employee of the library. Partner Steven Feldman is noted for leading the Herrick team working on the assignment. The article was also featured on Law.com.
Media Mention

Swedes Find Stolen Atlas in New York
June 26, 2012 -- The New York Times
Howard Spiegler, Co-Chair of Herrick, Feinstein’s renowned International Art Law Practice, is noted for representing the Royal Library of Sweden in an in-depth article about the recovery of the Wytfliet Atlas, it's history and the ongoing effort to locate 55 other volumes that were stolen from the Library’s collection.
Media Mention

Hearing in McNamee's defamation suit against Clemens Wednesday
June 26, 2012 -- Newsday
In a story about the revival of Brian McNamee’s defamation lawsuit against Roger Clemens, Herrick, Feinstein’s John Goldman was quoted about the unlikelihood that Clemens would settle out of court saying, “This is the same guy and set of lawyers that took on the government with Clemens' liberty at stake, and they won. I cannot imagine they're going to write a check to McNamee to settle this case."
Media Mention

Canada urged to beef up legal protections for stolen art
June 25, 2012 -- Law Times
Howard Spiegler and Larry Kaye's experience reaches Canada as Justice Gloria Epstein says Canada could do a better job of protecting artwork from theft. Howard and Larry spoke at a symposium on criminality in the art and cultural property world recently at Osgoode Hall in Toronto which proved to be eye-opening for many.
Media Mention

Career Tracker - Lawyers on the Move
June 20, 2012 -- Reuters
Herrick, Feinstein is noted for adding Leslie Chervokas to its New York office as counsel in the Corporate Group.
Media Mention

Lawyers on the Move
June 20, 2012 -- FindLaw Legal Pulse
FindLaw picked up the Reuters CareerTracker piece noting that financial services and restructuring attorney Leslie Chervokas joined Herrick, Feinstein in New York as counsel.
Media Mention

Law Firms With Large Hedge Fund Practices
June 13, 2012 -- Hedge Fund Alert
Herrick, Feinstein is listed among the top 30 firms with significant hedge fund practices. The article indicates that Herrick specializes in "niche strategies such as energy and real estate lending." Irwin Latner is noted as the contact for Herrick.
Media Mention

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Art sleuth (Howard Spiegler) is internationally recognized for his dedication to returning work to its rightful owners
June 6, 2012 -- AARP
Independent audio producer Nancy Greenleese profiles Herrick's own, Howard Spiegler, who has developed unique expertise in recovering high profile works of art, including many with complicated international histories.
Media Mention

The Pulse - Appointments & Transitions
June 1, 2012 -- The Cooperator
The publication noted that the real estate practice of Herrick, Feinstein LLP added a team of nine attorneys from Stark & Stark. The article notes that the group is led by partners David Byrne, Richard Linderman and Mark Wiechnik.
Media Mention

A new Soho? Despite zoning issues, developers drool over Bushwick
June 1, 2012 -- The Real Deal Magazine
Mitch Korbey, the chair of Herrick's land use and environmental group, is quoted in this story, which notes developers growing zeal for building in the neighborhood. In it, Mitch discusses the North Brooklyn Industrial Business Zone, which encompasses part of Bushwick, and which he says was created by the Bloomberg administration as a "policy statement" on the desire for continued industrial and manufacturing uses in the area.
Media Mention

Movers
May 28, 2012 -- National Law Journal
David Pentlow is noted for joining Herrick, Feinstein as a corporate partner in the New York office.
Media Mention

Why Prosecute the Rocket
May 18, 2012 -- Sports Litigation Alert
The article, “Why Prosecute the Rocket,” by John Goldman was featured in Sports Litigation Alert.
Media Mention

The Churn
May 16, 2012 -- AM Law Daily
David Pentlow is noted for joining Herrick, Feinstein’s New York office as a corporate partner.
Media Mention

Herrick, Feinstein appoints corporate partner
May 11, 2012 -- Financial News
The appointment of David Pentlow as a partner in the corporate department of Herrick, Feinstein was included in the “This Week” section of Financial News.
Media Mention

Career Tracker – Lawyers on the move
May 11, 2012 -- Reuters
Herrick, Feinstein is noted for adding David Pentlow to its New York office as a partner in the Corporate Group.
Media Mention

Benefits, Challenges and Recommendations for Persons Simultaneously Serving as General Counsel and Chief Compliance Officer of a Hedge Fund Manager
May 10, 2012 -- The Hedge Fund Law Report
Irwin Latner is quoted in this article about the issues raised by an individual’s ability to “dual-hat” effectively at a large hedge fund manager.
Media Mention

Lie To The Feds And Face Jail Time
May 3, 2012 -- Law 360
The article, “Lie To The Feds And Face Jail Time,” by Steven D. Feldman and David M. Rosenfield was featured on Law 360.
Media Mention

Roger Clemens trial: Andy Pettitte voices doubt over conversation
May 3, 2012 -- Los Angeles Times
In an article about Andy Pettitte’s testimony in the government’s retrial of Roger Clemens, John Goldman is quoted about the use of physical evidence in the case.
Media Mention

Pettitte's '50-50' recall a problem for Clemens prosecution
May 2, 2012 -- USA Today
Herrick, Feinstein litigation partner John Goldman is quoted on Andy Pettitte’s testimony in the government’s case against Roger Clemens and his alleged use of steroids or HGH. In his analysis of Mr. Pettitte’s testimony, John Goldman notes, "Andy Pettitte seems to have been positioned by the government as a star witness because of his close friendship with Clemens and his prior testimony that Clemens admitted to him in 1999 that Clemens had used HGH.”
Media Mention

Yankees' Pettitte: I may have misunderstood Clemens
May 2, 2012 -- CNBC
CNBC featured the Reuters report on Andy Pettitte’s testimony which quotes Herrick, Feinstein’s John Goldman.
Media Mention

Woodbury Jewish Center Wants Caterer Accused Of Violating Kashrut Evicted
May 2, 2012 -- Reuters
CBS News online featured an article about the ruling for Woodbury Jewish Center to evict Morrell Caterers from its property. Scott Mollen is quoted throughout the article and noted that Morrell had neglected to pay occupancy costs since January 2010.
Media Mention

Yankees' Pettitte: I may have misunderstood Clemens
May 2, 2012 -- Reuters
The article discusses Andy Pettitte’s testimony in the government’s case against Roger Clemens. John Goldman is quoted in relation to Mr. Pettitte’s testimony, noting that Mr. Pettitte may have “misunderstood” Clemens when they discussed the use of human growth hormone.
Media Mention

Developer Wins $50M Building Permit Appeal
May 2, 2012 -- Real Estate Weekly
The publication ran a feature discussing the ruling in Haberman vs. Zoning Board of Appeals. Scott Mollen is quoted in the piece, noting his client’s gratitude that the court system “recognizes the need to protect citizens from irresponsible public official who place political expediency above individual property rights.”
Media Mention

Who’s News
May 2, 2012 -- Real Estate Weekly
A feature noting the addition of nine attorney’s to Herrick, Feinstein’s real estate group appeared in Real Estate Weekly. The piece notes that the group is led by partners David Byrne, Richard Linderman and Mark Wiechnik.
Media Mention

Case Study: In Re Northstar Development
May 2, 2012 -- Law 360
Law 360 featured a case study by Paul A. Rubin and Adam D. Wolper that discusses the Wallach v. Buchheit ruling regarding the Northstar Development Corp.
Media Mention

L.I. Shul Moves to Evict Caterer
May 1, 2012 -- The Jewish Week
The publication featured an article discussing Woodbury Jewish Center’s court filing to begin eviction proceedings against Morrell Caterers.
Media Mention

Claims Against Zoning Board Over Halted Project Upheld
May 1, 2012 -- New York Law Journal
Scott Mollen is quoted in an article about the ruling of the Woodbury Jewish Center and Morrell Caterers. Mollen notes, "The decision made it clear that while a licensee may sue for damages if it is wrongfully terminated, a licensor can retains the right to revoke a license."
Media Mention

Woodbury Jewish Center Moving Forward to Evict Morrell
April 30, 2012 -- Plainview Patch
An article discussing the eviction case between the Woodbury Jewish Center (WJC) and Morrell Caterers was featured on April 30. Scott Mollen is quoted on WJC’s plans to move forward with the removal of Morrell Caterers from its property.
Media Mention

Court rules developer can sue Long Beach
April 27, 2012 -- Newsday
Newsday featured an article highlighting the state appeals court ruling on Haberman vs. Zoning Board of Appeals. Scott Mollen is quoted on his representation of Haberman in the development lawsuit, noting that “The city has so tenaciously tried to obstruct this development.”
Media Mention

Movers & Shakers
April 24, 2012 -- The Deal Pipeline
The “Movers & Shakers” section of the publication noted that nine attorneys from Stark & Stark joined Herrick, Feinstein LLP. The mention notes that the group is led by partners David Byrne, Richard Linderman and Mark Wiechnik.
Media Mention

Court rules Haberman can sue Long Beach for $50M
April 24, 2012 -- Long Island Business News
Long Island Business News featured an article about the ruling of the Haberman vs. Zoning Board of Appeals. Herrick, Feinstein attorney, Scott Mollen, is quoted in the piece, noting that his client is grateful to have a court system that “recognizes the need to protect citizens from irresponsible public officials who place political expediency above individual property rights.”
Media Mention

Executive Moves
April 24, 2012 -- Real Estate Bisnow
The news of the addition of nine real estate attorneys from Stark & Stark was featured in the “Executive Moves” section of Real Estate Bisnow’s “The Deal Sheet.” The mention notes that the group of attorneys is led by David Byrne, Richard Linderman and Mark Wiechnik.
Media Mention

Claims Against Zoning Board Over Halted Project Upheld
April 24, 2012 -- Globe St.
Herrick, Feinstein’s Scott Mollen was noted for representing the plaintiff in the Haberman v. Zoning Board of Appeals case. Scott Mollen is also quoted on the court’s decision.
Media Mention

Herrick, Feinstein Expands Real Estate Group
April 24, 2012 -- LawDragon
An article noting the expansion of Herrick, Feinstein’s expansion of the real estate group was featured on April 24. Irwin Kishner, David Bryne and Scott Mollen are quoted on the significant growth of the practice.
Media Mention

Claims Against Zoning Board Over Halted Project Upheld
April 23, 2012 -- New York Law Journal
Scott Mollen is quoted on the ruling in the Haberman vs. Zoning Board of Appeals case, noting “this case makes it clear that the failure to disclose a personal interest does in fact provide a basis for a claim of lack of due process."
Media Mention

Personal Notes on Lawyers
April 23, 2012 -- New York Law Journal
The addition of David Byrne as a partner and Stacey Patterson as counsel in the real estate practice in Herrick, Feinstein’s New York office is noted in the “Personal Notes on Lawyers” section of the NY Law Journal.
Media Mention

Nine-Attorney Real Estate Team Jumps to Herrick, Feinstein
April 20, 2012 -- City Biz List
The publication noted that a nine-attorney team made the move from Stark & Stark to Herrick, Feinstein to expand the firms’ real estate practice. Partners Scott Mollen, David J. Byrne, Richard B. Linderman and Mark M. Wiechnik, as well as counsel Stacey Patterson are mentioned in the piece.
Media Mention

Daily Real Estate Headlines
April 20, 2012 -- The Real Deal
A mention of Herrick Feinstein adding a nine attorney real estate team to the firm is included in a roundup of The Real Deal’’s Daily Real Estate Headlines.
Media Mention

Herrick Expands Real Estate Group With 9 Stark & Stark Attys
April 19, 2012 -- Law 360
The publication featured an article about Herrick, Feinstein and the addition of nine Stark & Stark attorneys to the firm’s real estate practice. Herrick partner David Byrne is quoted throughout the article.
Media Mention

Park51 community center developers spar with Con Ed over rent
April 19, 2012 -- New York Post
Herrick partner Scott Mollen is quoted in an article that discusses the rent increase case between Con Ed and Park51 community center developers.
Media Mention

Herrick, Feinstein Expands Real Estate Group with Addition of Nine Attorneys
April 19, 2012 -- Herald Online
The article discusses the addition of nine attorneys and 10 staff members to Herrick’s real estate practice, noting that the group will be led by partners David J. Byrne, Richard B. Linderman and Mark M. Wiechnik. Irwin Kishner, David Bryne and Scott Mollen are all quoted in the article.
Media Mention

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When Professional and Personal Lives Collide
April 13, 2012 -- Fox Business
Mara Levin was quoted in the Fox Business article "When Professional and Personal Lives Collide," which discusses situations in which an employee's personal life creates a basis for termination and how technology is blurring the once-rigid line between the personal and professional lives of workers.
Media Mention

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A Bill to Loosen Hedge Fund Marketing
March 30, 2012 -- The New York Times
Irwin Latner, head of Herrick's hedge fund practice, analyzes a provision in pending legislation that would allow investment firms to market themselves more easily to the public. Irwin takes the position that the change, which is tucked into legislation that would alter the Securities Act of 1933 and which would allow more marketing and advertising by funds, might not represent a massive change because funds and prospective investors have always operated under the notion of caveat emptor.
Media Mention

Have You Heard? Duprees Singer's Suit Over Group's Name Is Thrown Out.
March 28, 2012 -- New Jersey Law Journal
Barry Werbin is quoted and Herrick’s win in federal court in New Jersey is noted in this article. A federal judge in New Jersey granted judgment to our client, the Estate of Michael Arnone, in a case that challenged the registered trademark ownership and rights of our client to use or license the name of The Duprees. The group, one of the world’s leading doo-wop groups, tours to this day and generates royalties. The judgment likely brings to a close the six-year dispute over the rights to the name and rejects the notion that early members of a band can use the group’s name if they leave the band without securing an agreement to the contrary or a license.
Media Mention

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Three Challenges of Hiring Hourly Employees
March 2012 -- CareerBuilder.com
Gary Young is quoted in “Three Challenges of Hiring Hourly Employees.” Gary explains that it is important for employers to be acutely aware of wage-and-hour laws, particularly as they relate to employees' tips. Gary says that Government regulators—usually, the Department of Labor—and plaintiff-side class action lawyers are forever targeting restaurants and can effectively put you out of business or at least drive you into bankruptcy if you run afoul of those laws.
Media Mention

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Athlete Franchisees Build Fast Food Careers After Sports
March 16, 2012 -- QSR Magazine
Dan Etna is quoted in “Athlete Franchisees Build Fast Food Careers After Sports” which discusses the appeal for athletes in investing in franchises. Dan explains that athletes are routinely pulled into hospitality and entertainment ventures, seeing them as “low-hanging apples on the tree of forbidden fruit” that athletes can’t seem to resist. Dan says that with restaurants, astute athletes see the franchising model as a lower-risk venture—even if franchising limits the individuality they can bring to the business.
Media Mention

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A New Resource from the ABA White Collar Crime Committee
March 6, 2012 -- Corporate Counsel
This article notes that the White Collar Crime Committee of the ABA’s Business Law Section, which David Rosenfield chairs, has begun publishing a thrice-yearly newsletter that will cover the latest trends in how white collar crime affects businesses.
Media Mention

In Industry-Wide Shift, Law Firm Bankruptcy Practices Do It All
March 5, 2012 -- Dow Jones Daily Bankruptcy Review
Stephen Selbst notes and anlyzes the end of specialization in the practice of bankruptcy law. The story notes that in the past, boutique firms handled most debtors’ Chapter 11 filings while the creditor-side work went to the larger firms with relationships with banks and other major lenders. Now, even substantial, traditionally creditor-side firms have realized that many debtor-side representations can be lucrative, and the lines between debtor- and creditor-side firms have blurred.
Media Mention

Fuller Brush Man Knocks on Ch. 11's Door
February 23, 2012 -- The Deal Pipeline
Andy Gold is quoted in “Fuller Brush Man Knocks on Ch. 11's Door” which discusses how Fuller Brush—a company known for the salesmen who sell its cleaning products door-to-door—is trying to figure out in bankruptcy how best to retool its business model. Andrew Gold, who is serving as debtor counsel, explains that the company has secured $5 million in debtor-in-possession financing from lender Victory Park Capital Advisors LLC to provide working capital during the bankruptcy.
Media Mention

CoreNet Appoints 2012 Officers and Board
February 22, 2012 -- Real Estate Weekly
Howard Peskoe is mentioned in “CoreNet Appoints 2012 Officers and Board.” Howard will serve on CoreNet’s Board of Advisors for 2012.
Media Mention

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Barneys New York back in hot water: The luxury retailer has reportedly retained bankruptcy counsel
February 8, 2012 -- Crain's New York Business.com
Paul Rubin notes and helps analyze the prognosis for Barneys, the troubled retailer that had sought bankruptcy protection years earlier. Paul says the fact that Barneys has retained bankruptcy counsel is not necessarily a death knell nor an absolute indication it will seek Chapter 11 protection again, but certainly is a sign that not all is well. Paul says further that even if no bankruptcy filing becomes necessary, Barneys was smart to retain counsel to weigh its option, and that the company’s woes should come as no surprise to vendors’ credit managers.
Media Mention

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Commercial property foreclosures up in 2011
January 26, 2012 -- The Record
Scott Tross says the number of commercial real estate foreclosures is high and figures to go higher because many of the properties that secure the loans are worth less than the amount of outstanding debt. That makes refinancing difficult, he says.
Media Mention

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Former Prosecutor Rosenfield on Insider Trading Arrests
January 18, 2012 -- Public Broadcasting System's Nightly Business Report
In a live interview on the evening's lead story, David Rosenfield discusses the filing of criminal insider trading charges by the Department of Justice against a number of people who had managed now-defunct hedge funds, and the SEC’s civil charges against the fund managers and two of the now-defunct funds. David notes that the charges were brought a year after a number of FBI raids, and he opines that the Department of Justice and SEC are looking to bring additional insider trading cases.
Media Mention

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Javits' end promises new dawn for W. Side
January 8, 2012 -- Crain’s New York Business
Mitch Korbey examines Governor Cuomo’s vision of building a new convention center in Queens, razing the Javits Center on the far west side, and replacing it with a mixed-use, transformative development. He notes that environmental review and zoning changes could take three or four years, and that transforming the entire West Side neighborhood around the Javits Center could take that many decades.
Media Mention

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Six Questions for Herrick, Feinstein’s Eldad Gothelf
January 2, 2012 -- GlobeSt.com
Eldad Gothelf says that decisions about zoning and planning in New York City must keep in mind at least one -- and preferably more -- of the overlapping, interwoven key factors of density, sustainability and affordability. Eldad makes these points in a Q & A that followed his publishing a commentary piece attached to the 50th anniversary of the city's zoning resolution.
Media Mention

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After 1,500 Years, an Index to the Talmud’s Labyrinths, With Roots in the Bronx
December 27, 2011 -- The New York Times
Daniel Retter's compilation of an index to the 63-volume, 1,500-year-old Torah is covered in this article. It took Daniel seven years to create the index, which he says he did, in part, because the lack of an index frustrated him, especially because as an attorney, he is used to indexes attached to books of statutes and case law.
Media Mention

Diamond dealer sues two Belgian banks
December 23, 2011 -- Financial Times
Our RICO complaint -- on behalf of our client, the diamond dealer Lazare Kaplan (LKI), against two Belgian banks -- is noted here. LKI alleges that the banks stole $135 million worth of diamonds by passing the money through a number of shell companies overseas. The article quotes heavily from our complaint and notes that Lazare Kaplan seeks $500 million in lost proceeds and consequential damages. Under our complaint, which alleges racketeering and money laundering, a court could treble the damages.
Media Mention

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Density, Sustainability, Affordability
December 21, 2011 -- GlobeSt.com's CityViews
Eldad Gothelf says that decisions about zoning and planning in New York City must keep in mind at least one -- and preferably more -- of the overlapping, interwoven key factors of density, sustainability and affordability. Eldad makes these points in a Q & A that followed his publishing a commentary piece attached to the 50th anniversary of the city's zoning resolution.
Media Mention

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Consultants Corner
December 12, 2011 -- NY1
Kevin Fullington appears on a panel to discuss how the Republican presidential primary race is shaping up, as well as pending legislation that would allow livery cabs to pick up fares in the outer boroughs.
Media Mention

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Receiver tapped for 36 West Side apt. buildings
December 9, 2011 -- Crain's New York Business.com
Ray Hannigan contends that by filing a foreclosure action on a 36-property portfolio of apartment houses owned by Pinnacle Group and the Praedium Group, our client, Dune Real Estate Funds, is simply seeking to be repaid the money it is owed or bring the foreclosure to completion. The debt accrued as a result of a loan modification.
Media Mention

Law Firm Ruden McClosky Makes Bankruptcy History With Sale
December 6, 2011 -- Dow Jones Daily Bankruptcy Review
Paul Rubin is quoted in this account of a struggling, but operating, Florida law firm that sold itself to another firm in a bankruptcy context -- apparently the first-ever sale of an operating firm under Chapter 11 protection. The firm sold itself in an auction to the highest bidder, and Paul says so-called 363 sales can make sense because they tend to enable the sale of businesses as going concerns, which, in turn, preserves jobs and benefits creditors. Paul notes that buying and selling assets in a bankruptcy setting can give comfort to buyer and seller because 363 sales come with a judicial finding that there has been a reasonable opportunity to market the assets and that the terms of the sale are fair and reasonable. That helps prevent later claims by disgruntled creditors.
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BLS Law Notes
Fall 2011
Therese Doherty, an alum of Brooklyn Law School, is profiled on page 64 of the Fall edition of BLS Law Notes, the Magazine of Brooklyn Law School.
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Legal Mechanics of Converting a Hedge Fund Manager to a Family Office
December 1, 2011 -- The Hedge Fund Law Report
Irwin Latner looks at legal, regulatory, practical and operational reasons that a hedge fund might consider converting to a family office. Irwin says that by restructuring as family offices, the funds can avoid registration in general plus ominous reporting requirements. Irwin adds that managing so-called family money tends to be less stressful than managing capital invested by arms-length investors, which holds particular appeal to previously successful managers who are struggling with unfavorable macro-economic forces.
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Park51 developer Sharif El-Gamal gets more time to catch up on back rent to Con Edison
November 30, 2011 -- New York Daily News
Scott Mollen's representation of Consolidated Edison is noted in this story. Scott argued that Con Ed's tenant, who is in arrears on his rent, does not appear to have the wherewithal to bring himself current on what he owes. Scott also pointed out that the tenant is behind on his property taxes on a nearby property and is a defendant in two civil cases in which banks claim he owes them money.
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American Airlines' Last-Mover Disadvantage
November 30, 2011 -- Bloomberg Businessweek
Stephen Selbst notes that all the major airlines -- except American -- reduced their wage-and-benefit costs years ago by having sought bankruptcy protection. Stephen says American and its parent company should have filed half a decade ago, on the heels of filings by Delta and Northwest. By filing now, after its competitors strengthened themselves by lowering direct and indirect employment costs, a bankrupt American is facing stronger competition.
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NYC, Owners of SRO Buildings Reach Settlement Over Residency
November 30, 2011 -- New York Law Journal
Scott Mollen is quoted and Jack Sheridan mentioned in this story, which notes that out client, an Upper West Side building known as the Montroyal, was among several properties that agreed as part of a settlement to rent units only to permanent residents, not transients and tourists. The settlement, which included no admission of liability, ended four years of litigation and was based largely on an amendment to the Multiple Dwelling Law that the state legislature passed.
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Judge blocks eviction of Ground Zero mosque: A judge ruled that landlord Consolidated Edison cannot boot the Park51 Community Center from its home over $1.7 million in back rent. The ruling gives the developer 20 days to pay up.
November 29, 2011
Scott Mollen's representation of Consolidated Edison in a rent dispute with a tenant in a Con Ed-owned building is covered here. The story notes that although a Manhattan judge enjoined Con Ed from evicting Park51 Community Center -- better known as the Ground Zero mosque -- from Con Ed-owned property, he ordered that the tenant increase its bond securing back rent almost nine-fold and allowed our client to increase the monthly rent by more than double. The judge did not decide whether Park51 owes $881,000 in back rent, as the tenant claims, or $1.7 million, as we claim on Con Ed’s behalf.
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American Airlines files for bankruptcy
November 29, 2011 -- Thomson Reuters News & Insight
Stephen Selbst says the Chapter 11 filing by American Airlines and its parent company, AMR Corp., is light on details about how the company will seek to lower its wage-and-benefit costs. That lack of specificity is probably because the company is negotiating with its unions about wage and pension issues and does not want to disturb those talks, says Stephen, who has worked on a number of airline bankruptcy filings from a variety of perspectives.
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American Airlines files for bankruptcy
November 29, 2011 -- Thomson Reuters News & Insight
Stephen Selbst ventures that the American Airlines Chapter 11 filing is short on specifics as to wage-and-benefit issues because the airline -- and its parent company, which also sought protection -- are negotiating those issues with the unions and don't want to jeopardize those talks.
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Analysis: AMR bankruptcy clouds Boeing jet order
November 29, 2011 -- Reuters
Stephen Selbst says American Airlines' $40 billion order for new jets might be imperiled by the airlines' filing for Chapter 11 protection. The bulk of the order went to Boeing, with Airbus getting a smaller slice. Stephen says that American may want to shrink its overall operation -- including the size of its fleet -- which could shrink the size of its order or at least cause the airline to re-trade the contract with Boeing. In the meantime, he says, American's fleet is among the least fuel-efficient in the industry. And he questions whether a bankruptcy judge will authorize a major purchase before the airline files a formal reorganization plan.
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Corruption Case Against Developer Is to End
November 23, 2011 -- The New York Times
Scott Mollen is quoted and Steven Feldman mentioned in this story, which describes how they helped convince the U.S. Attorney's Office to drop charges against our client, the developer Aaron Malinsky, who had been indicted on corruption charges as part of the case against State Senator Carl Kruger. If Malinsky avoids legal trouble for six months, the charges will be dismissed with prejudice.
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Time might be on the side of NBA players
November 22, 2011 -- Sports Business Journal
John Goldman predicts that if labor-related anti-trust litigation between NBA players and the league does not settle, the outcome will not be known for several years. The article says the NBA players may have a stronger case against the league than NFL players would have had against their league. The NBA players' union disbanded, and the players formed a trade association, allowing them to allege that the league violated anti-trust laws.
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Con Ed wants to evict Ground Zero mosque developer over $1.7M back rent
November 17, 2011 -- New York Post
Scott Mollen is quoted in this story, which describes our representation of Con Edison in the utility's attempt to evict the would-be developer of a controversial community center and mosque near Ground Zero. Through Scott, Con Ed argues in court that Sharif el-Gamal cannot pay the $1.7 back rent that Con Ed alleges he owes.
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Debts of Defunct Law Firms Haunt Partners in Next Job
November 7, 2011 -- The Wall Street Journal
Paul Rubin examines the demise of a number of well-established, respected national and international law firms and the related issues of what happens to the assets and receivables of the failed firms. Paul analyzes why the receivables and assets are typically insufficient to pay the demised firms’ debts, and the strategies of bankruptcy trustees for the estates of the firms to maximize recoveries for creditors.
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The Unfinished Business of Law Firm Collapses
November 7, 2011 -- The Wall Street Journal's Law Blog
Paul Rubin discusses what happens to the assets and receivables of law firms that dissolve, as a number of high-profile firms have done in recent times. He analyzes why the receivables and assets are usually not sufficient to pay the demised firms’ debts, and the strategies of bankruptcy trustees for the estates of the firms to maximize recoveries for creditors.
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Recruiting rivals should beware bankrupt firms' unfinished business
November 7, 2011 -- Thomson Reuters News & Insight's Law Blog: Summary Judgments
As an increasing number of prominent law firms dissolve under federal bankruptcy laws, other law firms should take care in recruiting attorneys from the demised firms, according to this blog posting. Herrick bankruptcy partner Paul Rubin analyzes the strategies and tactics employed by bankruptcy trustees for the demised firms who, seeking to maximize those estates' assets to pay creditors, are sometimes suing the attorneys' new firms under the unfinished business doctrine.
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Herzog Heirs Can Proceed with U.S. Action to Recover All But 11 Artworks
November 2011 -- IFAR Journal
Charles Goldstein is quoted in an article about the descendants of Baron Mor Lipot Herzog claims against the Republic of Hungary and others to recover artworks looted form the Baron’s extraordinary collection.
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The Spirit of Milton Mollen: With City’s Legal Luminaries in Attendance, Brooklyn Appellate Court Presents Inaugural ‘Mollen’ Awards
November 3, 2011 -- Brooklyn Daily Eagle
Herrick counsel Milton Mollen, former presiding judge of the Appellate Division's Second Department, was honored by the establishment of the Milton Mollen Commitment to Excellence Award, to be given to the Second Department employees who professional activities and demeanor most closely mirror that of the retired judge. Political and legal luminaries toasted Judge Mollen at a ceremony at the Second Department courthouse in Brooklyn, where the first awards were conferred.
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Hedge fund stars plummet to earth
October 31, 2011 -- Crain's New York Business
Irwin Latner says that recent poor performances may cause some investors to withdraw money from large, name-brand hedge funds, but he says the overall industry will not shrink because those investors are likelier to put their money in other funds rather than in cash or equities. He says the primary difference between the recent drop in fund performances and the drop in 2008 is that, in the earlier one, liquidity was an issue.
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NFL, union still fighting workers' comp battle
October 31, 2011 -- Sports Business Journal
Irwin Kishner says the NFL appears to be correct in insisting that New Orleans Saints players who signed contracts with clauses that call for them to file workers' compensation claims in Louisiana -- not California -- adhere to the terms of the contract. The dispute is headed for arbitration, with the players hoping to file their claims in the friendlier confines of the California workers' compensation system. This story notes that Irwin wrote an article on this very topic a year ago.
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Trustees Of Defunct Law Firms Chase Former Partners’ Profits
October 21, 2011 -- Wall Street Journal Law Blog and Dow Jones Daily Bankruptcy Review
Paul Rubin is quoted regarding issues surrounding efforts of bankruptcy trustees representing the estates of dissolved law firms to invoke the unfinished business doctrine in order to maximize the size of those estates.
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True to Mailer’s Life, a Brawl Over the Sale of His Brooklyn Heights Apartment
October 19, 2011 -- The New York Times
Our client's lawsuit against the estate of Norman Mailer, in which we seek the return of our client's $200,000 deposit on a co-op unit in Brooklyn where Mailer had lived, is reported here. Bill Fried is quoted as saying that our client wants his deposit back because the seller cannot prove that significant alterations to the unit were done lawfully.
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Steinhardt Pledges Picassos for Real Estate as Art Loans Surge
October 18, 2011 -- Bloomberg News
Howard Spiegler says that lenders that never before made loans using fine art as collateral are now considering such arrangements because they tend to appeal to high-net-worth individuals. Stephen Brodie, who chairs our lending practice and has experience in both art-backed loans and real estate development loans, notes that real estate development is usually financed by two- or three-year, variable-interest renovation loans, which carry relatively high interest rates because lenders fear getting a half-finished project as collateral. Howard and Stephen commented on a loan from JPMorgan Chase to a former hedge fund manager and art collector, who put up as collateral 20 pieces of fine art -- including paintings by Pablo Picasso and Jackson Pollock -- to borrow money to finance the purchase of commercial real estate.
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Second Department Creates Milton Mollen Award
October 14, 2011 -- New York Law Journal
This article notes the establishment of the Milton Mollen Commitment to Excellent Award, to be given annually to deserving Second Department employees whose attributes most closely mirror those of Judge Mollen. The articles names the first seven winners and notes that the initial awards will be presented Nov. 2 at a ceremony in the Appellate Division courthouse in Brooklyn.
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Rajaratnam's Insider Trading Sentence
October 13, 2011 -- Public Broadcasting System's Nightly Business Report
David Rosenfield says the sentence of 11 years in prison that convicted insider trading defendant Raj Rajaratnam received is likely to deter other Wall Street traders who are contemplating violating securities laws. This segment notes that the sentence was a record for an insider trading case, but significantly less than what the prosecution had requested. To see David's segment, fast forward to the 5:23 mark.
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Virtus Real Estate poised to amass $500 million fund
September 28, 2011 -- Austin Business Journal
Belinda Schwartz says that, with some caveats, this can be a good time to launch a commercial real estate fund. In this story, which describes how a Texas-based private equity real estate company is launching a fund that will look to buy commercial real estate properties, including those used for student housing, senior housing, medical offices and self-storage facilities. Belinda outlines the necessary elements for success. Included among them, she says, are an appropriate time horizon, the ability and willingness to hold property for some period of time rather than flip them, good management teams to oversee any properties acquired, some tolerance of risk, and the patience to buy property at a favorable price.
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Weary Herakles statue returns home with Erdogan
September 25, 2011 -- Today's Zaman
Lawrence Kaye and Herrick are mentioned for having successfully engineered the return to Turkey of a $1.5 million statue known as Weary Herakles. The statue, which was smuggled from Turkey in the Eighties, had been in the possession of a Boston museum.
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Landlord Is Ordered to Pay Fees of Tenant Who Averted Eviction
September 20, 2011 -- New York Law Journal
Scott Mollen analyzes a recent New York State appellate decision that clarifies when a tenant who prevails in litigation may recover legal fees under the state's real property laws. Even though this decision held that the landlord had to pay the tenant's legal fees, Scott says the decision helps landlords and tenants by clarifying the larger issue of when tenants may recover fees.
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Regulators Eye Chinese Wall for Reverse Mergers
September 13, 2011 -- Compliance Week
Irwin Kishner notes that the major stock exchanges' regulations regarding companies that want to go public in the U.S. via a reverse merger are attributable to some highly publicized frauds and collapses of share prices among Chinese companies that employed reverse mergers. The major exchanges now require companies that want to go public via reverse mergers to to file annual reports with the SEC, list for at least a year on a regulated exchange and maintain a minimum share price.
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Consultants Give Mixed Grades For Weprin’s Campaign
September 12, 2011 -- NY1's Inside City Hall -- Consultants' Corner
The night before a special election to fill an unexpired Congressional seat, Kevin Fullington gives David Weprin's (ultimately unsuccessful) campaign a B+ grade and says Weprin's slip in the polls was largely attributable to constituents' unhappiness with the Obama administration.
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Sbarro, creditors agree on auction plan
September 7, 2011 -- Thomson Reuters News & Insight
Our representation of creditors who originally objected to Sbarro's plan to sell itself out of bankruptcy but ultimately settled with the pizza chain is noted in this story. Stephen Selbst and Joshua Angel represented noteholders who objected to Sbarro's original plan to emerge but agreed to terms once Sbarro altered auction procedures.
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Eric Schneiderman: the new (ex-deputy) sheriff in town -- After seven months, NY's new Attorney General is winning over some skeptics, but enraging others
September 1, 2011 -- The Real Deal
Douglas Heller looks at the early days of Eric Schneiderman's tenure as New York's attorney general from a commercial real estate perspective. Doug says Schneiderman is counter intuitively positioned to be a better attorney general than his two predecessors, both of who had strong ties to the real estate industry, because he might feel less conflicted about investigating rogues.
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Stock scam ensnares attorneys
August 29, 2011 -- The National Law Journal
Arthur Jakoby's representation of a former attorney who pleaded guilty to a charge of obstruction of justice, in a larger securities case in that involved manipulation of stock prices, is noted here. The article also notes that Arthur is co-chair of the firm's securities and commodities litigation and regulatory practice group.
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Foreign Corrupt Practices Act Due Diligence in Mergers and Acquisitions Deals
August 16, 2011 -- New York Law Journal
Steve Feldman co-autored the New York Law Journal article, "Foreign Corrupt Practices Act Due Diligence in Mergers and Acquisitions Deals."
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Art in the Crossfire: A Jewish Sect’s Claims Have Led to a U.S.-Russia Embargo
August 16, 2011 -- The New York Observer
Howard Spiegler and Charles Goldstein, in his role as counsel to the Commission for Art Recovery, are quoted in this article, which examines how Chabad, a Brooklyn-based Jewish sect, is claiming to be the rightful owner of art, book and manuscripts that Russian possesses. The article notes that the dispute has led to a diplomatic strain between the U.S. and Russia, particularly as it relates to loans of artwork. The article refers to Herrick as an "art law powerhouse."
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40 Under 40
August 15, 2011 -- New Jersey Law Journal
Jaimee Katz Sussner is named one of New Jersey's pre-eminent and most promising attorneys younger than 40 by virtue of being selected to the New Jersey Law Journal's 40 Under 40 list. The item notes Jaimee's various litigation successes, including prevailing in one matter before the state Supreme Court. It also mentions her prowess title insurance litigation and commercial real estate litigation.
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Heir Awarded $1.43 Million by Hague for Goering-Looted Part of Old Master
August 15, 2011 -- Bloomberg News
Our representation of the heir of a Jewish art dealer whose gallery was looted by the Nazis, and the heir's $1.43 million settlement with The Hague city government, are noted. Our client, Marei von Saher, daughter-in-law to and heir of Jacques Goudstikker, entered into the settlement concerning the Jan Steen painting, “The Wedding Night of Tobias and Sarah," which hangs in the Bredius Museum in The Hague. The painting had been split into segments, with The Hague owning one segment, before being reunited by restorers in 1996, and the settlement allows the painting to remain as one work.
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Hedge Funds Look To Pare Back Primes
August 9, 2011 -- Traders Magazine.com
Irwin Latner helps examine the phenomenon of hedge funds' consolidating their trading activities with one or two prime brokers, much as they did before the financial collapse in 2008 and 2009. Irwin explains that at the height of the financial crisis, no single bank could be perceived as risk free, and investors demanded that funds use multiple prime brokers. With fear of bank failure abated, the hedge funds -- particularly smaller and mid-sized funds -- scaled back the number of prime brokers, for more efficiency and cost savings.
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Mortgage Note on Upper West Side Apartment Buildings Sells for 7.8M
August 4, 2011 -- Citybiz Real Estate
Our representation of a European bank at a foreclosure sale of a defaulted mortgage note is mentioned. John St. Jeanos represented the bank, which sold the note for $7.8 million. The note was related to two adjacent 20-unit apartment buildings on the Upper West Side.
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Smaller Hedge Funds See More Assets Headed Their Way
August 1, 2011 -- Traders Magazine
Irwin Latner says all highly regarded hedge funds -- not just the largest ones -- are attracting an influx of investment dollars. Irwin says that before this trend began, many investors generally considered only funds with a billion or more dollars in assets. This article, which stems from Irwin's appearance as a panelist on hedge fund operations, attributes the shift in large part to the smaller funds' instituting security measures and systems redundancies.
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Consultants Corner Discussion On Debt Ceiling And 2012 Election
August 1, 2011 -- NY1's Inside City Hall
Government relations attorney Kevin Fullington analyzes the debt ceiling debate and topics related to New York City government and politics on this taped broadcast.
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"Close Up"
July 9, 2011 -- NY 1
Liz Holtzman appeared on the show “Close Up,” which initially aired on Saturday night at 10 and was run again on Sunday morning. Among other topics, Liz discussed the Congressional seat vacated by Anthony Weiner and the special election to fill it as well as a then-and-now look at Congress from when she served and the present.
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DOJ Intervenes in Case Involving Allegedly Looted Art
July/August 2011 -- The Art Newspaper
Howard Spiegler was quoted in the article "Government Takes Hard Line Against Russia and Spain" from the July/August issue of The Art Newspaper.
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Toto, I've a feeling we're not in the public domain anymore
July 13, 2011 -- Thomson Reuters News & Insight
Barry Werbin weighs in on the possibility of appeal from or en banc reconsideration of a complex Eighth Circuit decision regarding rights to publicity photos shot on movie sets, based on the 1909 Copyright Act. This article notes that Barry is chair of the New York City Bar Association's copyright committee and mentions his view that portions of the plaintiff-friendly decision might be ripe for appeal, but that en banc reconsideration is unlikely, given the absence of a dissenting opinion from the three-judge panel.
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Tight Credit Conditions Will Lead To Restructurings, Defaults
July 13, 2011 -- Dow Jones Daily Bankruptcy Review
Analyzing the plight of smaller companies that cannot refinance or satisfy existing debt, Paul Rubin says many have pledged all of their assets to secure existing debt and therefore lack additional assets to pledge toward new financing. This article goes on to say that because its remains difficult for such companies to obtain new credit, there likely will be an increase in restructurings, distressed acquisitions and defaults in the near- and medium-term future.
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In Major Retail Shift, Stores Begin to Shrink
July 11, 2011 -- Women's Wear Daily
In this story about how retailers are turning their attention to smaller stores, particularly in urban settings, Mitch Korbey describes how population shifts are bringing people back to downtown areas. Retailers, meanwhile, are looking to meet urban dwellers' needs by locating stores near where people live.
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Entergy Louisiana chalks up another securitization deal
July 11, 2011 -- SNL Energy Finance Daily
In the wake of a Louisiana company's plan to issue $200 million in securitized bonds to recover costs it incurred when a power plant project was canceled, Mahendra Churaman decries investors' fears regarding ratepayer-backed securities. He says they have been unfairly blemished by subprime mortgage-backed securitized bonds. He points out that ratepayer-backed securities are bonds backed by millions of customers who consume an essential necessity, making them a nearly sure bet for investors and a good deal for issuers as well.
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Insurers Settle Lazare Diamond Coverage Row For $32M
July 6, 2011 -- Law360
Our representation of Lazare Kaplan International is noted in this article, which reports LKI's settlement with American and British insurance carriers. According to LKI's mandatory 8K filing, the $32 million is on top of the approximately $28 million that Herrick obtained for LKI from insurers prior to commencement of the lawsuits, thus bringing the total recovery to more than $60 million for losses stemming from the theft of LKI's diamonds. The story names Chris Sullivan and Jason D'Angelo as counsel to LKI.
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Bad Boy of Wall Street
June 30, 2011 -- CNBC's Kudlow and Company
Steven Feldman tells a network audience that it is generally risky for criminal defendants to speak publicly about the charges against them, lest they say something that could hurt them at trial. He acknowledges, however, that defendants have multiple interests and agendas, including earning an income, which could explain why a defendant in a securities fraud case is pitching his life story -- centered on the criminal case -- as a reality television show of which he would be the star.
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AIG Office Downtown Is Resold
June 24, 2011 -- Wall Street Journal
Herrick is not mentioned in this Wall Street Journal story, but our client Nathan Berman -- with fellow Herrick client Ronny Bruckner a co-principal in Metro Loft -- is quoted regarding their longstanding desire to own the Art Deco tower at 70 Pine Street, which Metro Loft bought Thursday from Kumho Investment Bank of South Korea. The story notes that Berman and Bruckner intend to convert the former headquarters of the insurance company AIG to residential rental units, with marketing efforts slated to begin in the fall of 2012. The Wall Street Journal story noted that there is a trend for developers to convert downtown office buildings into residential space, with demand for living quarters downtown on the rise.
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Manhattan Landmark 70 Pine St. Said to Be Sold for $205 Million
June 23, 2011 -- Bloomberg
Though Herrick is not mentioned our client Nathan Berman, along with fellow Herrick client Ronny Bruckner--a co-principal in Metro Loft--are regarding their joint venture acquisition of 70 Pine Street.
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Metro Loft for $205M
June 23, 2011 -- NY Post
Our client, Yaron Bruckner is mentioned in connection with his joint venture acquisition of 70 Pine Street, a 66-story residential tower in New York City's Financial District. Herrick represented Mr. Bruckner in his joint venture with Metro Loft Management, which plans on converting the landmarked former AIG headquarters building into residential condominiums.
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Labor sides find 'deadline' in 8th Circuit ruling
June 20, 2011 -- Sports Business Journal
Analyzing the labor dispute between the NFL and the players' union, John Goldman says the Eighth Circuit U.S. Court of Appeals' stay of a lower-court ruling amounts only to the equivalent of an advisory opinion. John makes his observation in this article, which describes how the two sides are trying to hammer out a new collective-bargaining agreement before the appellate court rules on a key lockout issue.
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Recent Trillion-Dollar Filings Suggest Weakness In SEC System
June 16, 2011 -- Wall Street Journal.com
Corporate partner Stephen Fox, who represents public companies in SEC filings issues, and litigation partner Steven Feldman, who handles white collar criminal and securities matters, are quoted in this article, which describes how a Texas man filed apparently false documents with the SEC that purported to indicate that he held trillions of dollars worth of stock shares. In some cases, the filings -- if true and accurate -- would have meant that he held more shares than the issuing company had issued. Stephen Fox describes public company filings, and Steven Feldman describes possible civil and criminal liability. A different version -- also quoting both Herrick attorneys -- ran on the Dow Jones Newswire.
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Law Firms With Large Hedge Fund Practices
June 15, 2011 -- Hedge Fund Alert
Our hedge fund practice -- and Irwin Latner's leadership of it -- is included in this publication's listing of 30 law firms nationwide with significant practices in that industry. It notes that as to hedge funds, Herrick specializes in "working with start-ups and mid-sized managers, both onshore and offshore, across all asset classes and strategies" and on operational issues.
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Thousands of N.J. groups stripped of tax-exempt status
June 12, 2011 -- Newark Star-Ledger
Gary Young analyzes why nearly 8,000 tax-exempt New Jersey entitites lost that status and how they can reclaim it, in this story, which notes that Gary has formed numerous not-for-profits and represents a major one -- the New Jersey Restaurant Association. The story also points out that many of the groups that lost their tax-exempt status were no longer operating anyway.
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Underwriter Says Title Insurer Swiped Millions
June 3, 2011 -- Courthouse News Service
Our representation of WFG National Title Insurance Co. is noted in this story, which mentions that Arthur Jakoby is counsel to WFG in its action against TitleServ, one of the largest title agencies in the country. WFG alleges that TitleServ allegedly stole $7.9 million from customers' escrow funds.
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West side development site sold for $6.79 million in foreclosure auction
June 2, 2011 -- Real Estate Weekly
Our representation of a special purpose entity that bought a development site on West 47th Street is noted. John St. Jeanos represented the SPE in its $5.79 purchase at a foreclosure auction.
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Chabad Court Victory Sparks Russia-U.S. Art War
May 19, 2011 -- Associated Press
Howard Spiegler is quoted in “Chabad Court Victory Sparks Russia-U.S. Art War,” which describes how a long-running dispute between Russia and Chabad over ownership of centuries-old holy texts has cast doubt on whether major Western institutions will lend art and other cultural property to Russia. Howard says Russia is disingenuous in trying to blame Chabad for the dispute and notes that exhibitions imported from abroad are protected from seizure as long as the U.S. State Department has certified them.
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The Hunter College Report
May 18, 2011 -- The Launch Box: A Blog about Building the Second Avenue Subway
Richard Bass and his Herrick affiliation are mentioned in “The Hunter College Report,” a posting about a 122-page report issued by graduate students at Hunter College, where Richard is an adjunct professor. The report examines the Second Avenue Subway project and its current and likely future impact on the affected neighborhoods.
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Bankruptcy Derails Flatiron Hotel Debt Auction
May 17, 2011 -- Crain’s New York Business.com
Joshua Angel is quoted in “Bankruptcy Derails Flatiron Hotel Debt Auction,” which notes that a Chapter 11 filing by the developer of a boutique hotel delayed the scheduled foreclosure auction on a piece of the debt attached to the project. Josh notes that filing for bankruptcy is a common strategy among developers looking to buy time to reorganize and restructure their debt.
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Rajaratnam verdict may mean more Wall St. crackdowns: Much will depend on the outcome of similar cases working their way through the courts
May 11, 2011 -- MSNBC.com
Shortly after a federal jury convicted trader Raj Rajaratnam on all 14 counts of insider trading, Steven Feldman says traders and funds are taking seriously the government crackdown on insider trading. Based on a number of search warrants that have been executed in matters that have not yet resulted in charges, Steve predicts that more criminal insider trading charges lie ahead for Wall Street.
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Rajaratnam convicted on all counts
May 11, 2011 -- CNBC
Minutes after a federal jury convicted trader Raj Rajaratnam on all 14 insider trading-related counts, Steven Feldman appears live on this extended segment. Steve discusses the government's growing interest in insider trading prosecutions, funds' reactions, and the effect of the guilty verdict on Wall Street. To see Steve's portions of this segment, go to the 4:50, 8:28, 12:08, 16:15, and 23:30 marks.
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Galleon's Rajaratnam convicted on all counts
May 11, 2011 -- CNBC
David Rosenfield tells a live network audience that the government scored a huge win in getting convictions on all 14 counts related to Raj Rajaratnam's trading activities. David says that based on the convictions, he envisions more insider trading cases, more use of wiretaps in financial investigations and an empowered and energized Department of Justice. He adds that traders should avoid talking to employees of companies -- making their trading decisions on information already in the public domain -- or, at the very least, to use extreme caution when having those discussions and acting on information gleaned. To see David's portions of this segment, go to the 0:35 and 6:45 marks.
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What Rajaratnam's conviction means to Wall Street
May 11, 2011 -- Public Broadcasting System's Nightly Business Report
Steven Feldman tells a live nationwide audience that the conviction of Galleon manager Raj Rajaratnam is a huge win for the Department of Justice, and that traders are already modifying their behavior as a result of the fervor with which the government pursued Rajaratnam. This story led the broadcast; to skip to Steve's portion, go to the 2:44 mark.
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Too Early To Rule On Diamond Coverage Row, Judge Says
5.11.11 -- Law360
This story notes our representation of Lazare Kaplan International in an insurance coverage litigation, in which LKI is suing for coverage over the disappearance of $135 million worth of diamonds. Despite having directed LKI and the insurance carriers to file motions for summary judgment, a federal court judge denied those motions as premature, but the judge generally adopted our view of the case, which was brought by Christopher Sullivan and Jason D'Angelo.
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Third U.S. lacrosse league in the works
May 9, 2011 -- Sports Business Journal
Herrick sports law attorney Matthew Pace, former executive director of Major League Lacrosse, expresses skepticism that a third professional indoor lacrosse league can succeed where the first two have been only marginally successful. Matthew questions whether players from the most prominent college lacrosse programs will want to play for small money.
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Making a last stand in SoHo
May 8, 2011 -- New York Post
Barry Werbin describes our partition action, in Manhattan Supreme Court, on behalf of a consortium that owns the majority of one of SoHo's last undeveloped parcels. Barry describes how our clients -- all senior citizens -- want to sell the property to enjoy the fruits of the sale during their lifetimes.
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If Mortgage Fraud Was Rampant, Why Aren't Criminal Charges?
May 6, 2011 -- Fox Business.com
David Feuerstein says the Department of Justice filed a civil action -- but not criminal charges -- against Deutsche Bank in connection with the residential mortgage meltdown as a result of the higher burden of proof in criminal cases, the government's failure to convict Bear Stearns executives in an earlier criminal case, and Deutsche's possible defenses. Those defenses, David says, could include the possibility that mortgage brokers and borrowers provided the bank with false information.
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Justice Department Sues Deutsche Bank AG (NYSE: DB) for 'Reckless Lending'
May 5, 2011 -- Money Morning
Analyzing the federal government's civil suit against Deutsche Bank, which alleges it defrauded the FHA by making FHA-backed residential mortgage loans to people who were not eligible, David Feuerstein suggests the government would have filed criminal charges if it were more confident in its case. He notes that the statute under which the suit was filed, the False Claims Act, allows for either criminal or civil litigation, or both.
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Have lying mortgage bankers met their match?
May 4, 2011 -- CNNMoney.com
David Feuerstein casts skepticism on the strength of the government's civil suit against Deustche Bank -- filed as a result of the mortgage meltdown -- and suggests that if the Department of Justice had a stronger case, it might have filed a criminal action.
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SEC Reviews Examiner Credentials
May 4, 2011 -- Hedge Fund Alert
In an article that describes how the SEC is considering instituting a certification process for its examiners who deal with managers of hedge funds, Irwin Latner notes that the quality of examiners has increased over the last year and a half. He adds, however, that because it is dealing with a sophisticated, well-financed industry, the SEC is typically playing catch-up and "fighting yesterday's battles."
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Judge's decisions on evidence may figure in NFL appeal
May 2, 2011 -- Sports Business Journal
John Goldman says a federal judge's decision to recognize the validity of the NFL players' union's decertification imperils collective bargaining in the professional sports world. He says that fairness to the NFL -- and pro sports leagues in general -- dictates that the union should be held to a higher standard than "simply [saying] 'we don't want to do this.'"
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Welcome Mr. Congressman
April 27, 2011 -- Legal Bisnow
Mike McMahon's arrival at Herrick and work in Congress and the New York City council are profiled. This item notes that Herrick is the only firm in New York with two former members of Congress, and that Mike's government relations-centric practice will touch on the real estate, financial services, transportation and environmental sectors and will focus on infrastructure issues, among others.
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Zoning Laws May Be Dated; Call for Change as Resolution Turns 50
April 18, 2011 -- The Wall Street Journal
As New York City's zoning resolution turns 50 and some call for a thorough overhaul, Eldad Gothelf says the resolution is dense and layered because it must be, given the variety and number of buildings and neighborhoods.
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Eagle of Justice
April 18, 2011 -- Legal Bisnow
This online publication covering the legal profession profiles Elizabeth Holtzman and examines her career -- as Brooklyn District Attorney, New York City Comptroller, and four-term member of Congress -- and her current events as co-chair of our government relations practice. This item notes that she has been a leading activist on issues relating to the deportation of Nazis and is lobbying for legislation that would allow women with genetic diseases, such as breast cancer, to have access to genetic testing without the risk of infringing on patents.
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Inside City Hall
April 14, 2011 -- New York 1
Michael McMahon appeared on the NY1 show “Inside City Hall” to discuss the federal budget.
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Morning Show with Ron Daniels
April 14, 2011 -- WWRL
Michael McMahon did a live radio interview to discuss the federal budget. He appeared alongside fellow former Congressman Joseph Sestak.
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It's the High Line Again for Sherwood
April 13, 2011 -- New York Observer
Sherwood Equities, our client, and their acquisition of a stalled development site located at 508 West 20th Street, a deal we handled for them, is noted in the New York Observer article "It's the High Line Again for Sherwood."
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News In Brief
April 11, 2011 -- New York Law Journal
Michael McMahon's arrival at Herrick is noted in the New York Law Journal article "News In Brief."
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Herrick Snags Ex-NY Rep. For Gov't Relations Group
April 7, 2011 -- Law 360
Michael McMahon's arrival at Herrick is noted in "Herrick Snags Ex-NY Rep. For Gov't Relations Group," which ran in several Law 360 publications.
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Former Staten Island Rep. Michael McMahon joins Herrick, Feinstein law firm
April 7, 2011 -- silive.com, the Staten Island Advance's on-line edition
The arrival at Herrick, Feinstein of Michael McMahon, who represented Staten Island in Congress -- and earlier on the New York City Council -- is noted here. The story also notes that Kevin Fullington, former counsel to former Staten Island councilman James Oddo and Mayor Bloomberg's former liaison to the city council, is co-chair of the firm's government relations practice group. It also mentions that, together with Elizabeth Holtzman, Mike makes Herrick the city's only law firm with two former members of Congress.
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Former NY Rep. Michael McMahon Joins Law Firm
April 6, 2011 -- Daily Politics, the on-line blog of New York Daily News
Michael McMahon's arrival at Herrick, Feinstein, where he will practice in the government relations group alongside fellow former member of Congress Elizabeth Holtzman and former mayoral liaison to the New York City Council, Kevin Fullington, is noted here. This item also points out that Herrick is the only New York City law firm with two former U.S. representatives on its roster of attorneys.
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Where Are They Now?
April 6, 2011 -- City Room, the blog of The New York Times
Michael McMahon's arrival at Herrick -- where he joins Kevin Fullington, former mayoral liaison to the City Council, and fellow former U.S. Representative Elizabeth Holtzman -- is noted here. The story notes that Herrick is apparently the only New York City law firm with two former members of Congress among its attorneys, and notes that Mike McMahon will be practicing in our government relations group.
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Mike McMahon Gets A New Gig
April 6, 2011 -- The New York Observer's political blog, PolitickerNY
This item notes that former Congressman Michael E. "Mike" McMahon has joined Herrick, Feinstein's government relations practice which, with Elizabeth Holtzman, is the only one in New York City with two former members of Congress. Also mentioned is Kevin Fullington, co-chair of the practice group and former mayoral liaison to the city council.
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The Second Market
April 4, 2011 -- CNBC's Power Lunch
In a live network appearance, Steven Feldman discusses whether an increase in trading in private companies' shares -- such as Facebook, Zynga and Twitter -- has spawned an insider trading problem in the technology world. He notes that federal statutes don't distinguish between public held companies' shares and those of private companies, but he outlines potential defenses that may be available to those charged with insider trading in private shares.
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Retail condos' renewed glitter: Big deals multiply for best locations as recovery lifts rents
April 3, 2011 -- Crain's New York Business
Douglas Heller, head of Herrick's condo and co-op practice, notes that interest in retail condominiums is at a peak right now.
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Donate a Collection and Get a Tax Break
April 2011 -- Kiplinger's Retirement Report
Michael Kessel describes the tax scenarios of donating art or antiquities to various recipients. A donation of artwork that is unrelated to the recipient's exempt purpose, for instance, would result in a deduction only of the donor's basis, he says.
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Security Locks and Aesthetics
March 31, 2011 -- The New York Times
Douglas Heller answers a reader's question in the Sunday real estate Q&A column by noting that under the state’s Multiple Dwelling Law residents, including co-op shareholders, are entitled to install a second lock on the door to their unit. The reader wondered whether the board could insist that she and her neighbors remove all but one lock per unit, and Doug opines that notwithstanding the business judgment rule -- which generally gives co-op and condo boards latitutde and discretion in making rules -- the residents probably can insist on second locks.
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The Berkshire Bombshell
March 31, 2011 -- CNBC's Power Lunch
Steven Feldman analyzes for a live network audience the possible criminal or civil liability facing David Sokol, the Berkshire Hathaway executive who resigned amid news he bought shares in a company that Berkshire Hathaway later acquired, as well as his possible defenses and corporate governance issues.
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Berkshire Brand Tarnished?
March 31, 2011 -- CNBC's Power Lunch
Steven Feldman analyzes for a live network audience Berkshire Hathaway's corporate governance issues and the possible criminal or civil liability facing David Sokol, the Berkshire executive who resigned amid news he bought shares in a company that his employer later acquired. Steven disusses market manipulation, insider trading, the current climate involving insider trading, as well as possible defenses and the notion that it is far from clear that there was any wrongdoing.
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Industry Waking Up to CFTC Plan
March 30, 2011 -- Hedge Fund Alert
Irwin Latner discusses the hedge fund industry's last-minute attempts to derail a proposal by the Commodities Futures Trading Commission's plan that would require that many funds register with the CFTC in addition to with the SEC. Irwin says the SEC has tried to keep registration issues simpler for smaller funds, but the CFTC's proposal is burdensome and potentially costly, particularly for smaller, non-institutional funds that engage in limited futures trading.
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Getty Museum agrees to return painting looted by Nazis; The museum will return 17th century 'Landscape With Cottage and Figures'
March 29, 2011 -- Los Angeles Times
Larry Kaye is quoted on how the LA-based Getty Museum has agreed to return to our client, Marei von Saher, an heir of the noted art dealer Jacques Goudstikker, a painting that the Nazis looted when the dealer fled his native Holland when the Nazis invaded. She filed suit in 2007 to compel the return of Pieter Molijn's 1640s-era work.
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Getty Returns Nazi-Looted Painting to Heir of Amsterdam Dealer
March 29, 2011 -- Bloomberg News
Larry Kaye describes how the Los Angeles-based Getty Museum will return 'Landscape With Cottage and Figures' to the heir of Dutch art dealer Jacques Goudstikker, our client, Marei von Saher, who sued for its return in 2007. The Nazis looted the 17th Century painting when the dealer fled his native Holland when the Nazis invaded.
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Colgate Buys Unilever Business for $940 Million
March 29, 2011 -- The New York Times DealBook
This online version of DealBook -- the section of The New York Times that covers mergers, acquisitions and capital raises -- notes that Herrick represented Unilever in its $215 million acquisition of Colgate-Palmolive's Colombian laundry detergent business.
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Colgate (CL) To Acquire Sanex from Unilever (UL) in $940M Deal; To Sell Colombia Unit to Unilever for $215M
March 28, 2011 -- Streetinsider.com
This story notes Herrick's representation -- in the persons of Edward B. Stevenson and Johanna L. Ferraro -- of Unilever in that company's acquisition of Colgate-Palmolive's Colombian laundry detergent business. The $215 million deal was part of a deal that saw Unilever sell its Sanex division to Colgate-Palmolive, and the coverage notes that Unilever's associate general counsel, David A. Schwartz, was instrumental in the acquisition.
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Slaughters and Wachtell take lead on Colgate-Unilever double deal
March 28, 2011 -- Legalweek.com
The work of Edward B. Stevenson and Johanna L. Ferraro on behalf of Unilever, in its $215 million acquisition of Colgate-Palmolive's Colombian laundry detergent business, is noted. So too is the role played by Unilever's assistant general counsel, David A. Schwartz. The acquisition was part of a two-pronged transaction that also saw Unilever sell its Sanex division to Colgate-Palmolive.
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NFL warning sponsors about deals with players trade group
March 27, 2011 -- Sports Business Journal
Barry Werbin says the NFL's and franchises' websites are primarily informational -- and the players public figures -- which means the league is probably on safe ground continuing to use players' likenesses during the lockout. He says he understands the players' ire but says the league's First Amendment rights to disseminate information probably will prevail.
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Wachtell, Slaughter and May Advise on Colgate-Unilever Double Deal
March 25, 2011 -- The AmLaw Daily
Ed Stevenson, Johanna Ferraro and our client, Unilever's associate general counsel David Schwartz, are mentioned in this story, which describes Unilever's $215 million acquisition of Colgate-Palmolive Company's Colombian laundry detergent business.
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Raj Rajaratnam Insider Trading Trial
March 23, 2011 -- Public Broadcasting System's Nightly Business Report
Steven Feldman tells a national TV audience that Lloyd Blankfein's testimony for the government and against insider trading defendant Raj Rajaratnam is important because of Blankfein's reputation and that of Goldman Sachs, of which he is CEO. Steve cautions, however, that the defense has not had a chance to present its case, so even though the prosecution appears to have the upper hand two weeks into the trial, the defense will get a chance to poke holes in the government's story and tell its own. To see this segment, go to the 5:36 mark on the linked video.
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Aisle Be Damned! Navy Yard Fires Supermarket Developer
March 21, 2011 -- The Brooklyn Paper
Scott Mollen is quoted, and our representation of Aaron Malinsky in a bribery scandal is noted, in “Aisle Be Damned! Navy Yard Fires Supermarket Developer.” The article discusses how The Brooklyn Navy Yard fired Malinsky as developer of the $60-million ShopRite supermarket at the corner of Flushing Avenue and Navy Street. Mollen explains that there is a difference between making allegations and proving those allegations in court.
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Condo Caucus
March 15, 2011 -- Real Estate Bisnow
Herrick, Feinstein's office condo seminar is featured in this item, which includes photos of the panelists and information on why more developers are converting office buildings to commercial condos and why more business owners are buying their spaces instead of renting. The coverage quotes Douglas Heller on the process by which rental office may be converted to office condos and on the market for such properties.
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Brooklyn Navy Yard fires development firm linked to bribery scheme
March 11, 2011 -- The Real Deal Online
Scott Mollen says that our client, white collar defendant Aaron Malinsky, is seeking to withdraw from ownership and management of the real estate development company of which he is a principal and founder. He also notes the vast difference between making allegations and proving them.
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Developer at Brooklyn Navy Yard charged in federal bribery case
March 10, 2011 -- The Real Deal Online
Our representation of the real estate developer Aaron Malinsky in a white collar criminal case is noted.
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Insider Trading Trial of Galleon's Raj Rajaratnam Opens
March 8, 2011 -- Public Broadcasting System's Nightly Business Report
Steven Feldman reminds a live network audience that the defense finally gets a chance to be heard in the government's insider trading case against Galleon Group founder Raj Rajaratnam. Through its indictment and public pronouncements, the prosecution has laid out at least an outline of its case, and now the defense team will try to discredit government witnesses who have already plead guilty to crimes, and convince the jury that wiretapped conversations do not reveal criminal conduct.
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Realty Law Digest
March 2, 2011 -- New York Law Journal
Stephen Brodie is quoted in Herrick attorney Scott Mollen's column, “Realty Law Digest,” regarding a recent federal court decision in which U.S. District Court Judge Richard Sullivan rejected multiple legal challenges to a pre-negotiation agreement.
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Rajaratnam Goes to Trial
March 7, 2011 -- CNBC's Power Lunch
David Rosenfield tells a live network audience that Raj Rajaratnam, an insider trading defendant, faces an uphill fight, but could potentially be acquitted. His roadmap to possible acquittal is his defense team's attacking the credibility and motivations of the cooperators who will testify against him, and the team convincing the jury that wiretapped conversations are snippets taken out of context to bolster an overzealous prosecution's case.
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SEC order against Hackensack company is rare
March 2, 2011 -- The Record
Louis Goldberg says the SEC's denial of a New Jersey company's request to withdraw its plans to conduct an initial public offering can be due to a variety of reasons: an inquiry by its enforcement division, adverse financial issues, or a company's attempts to sell shares privately. Whatever the reason, he says, the denial will complicate any effort by Wave2Wave to raise capital in private or public markets.
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Consultants Corner
February 28, 2011 -- NY1's Inside City Hall
Kevin Fullington appeared on the “Consultants Corner” segment of NY1's Inside City Hall. He analyzes Mayor Bloomberg's efforts to convince state legislators to amend the process by which some of the city's teachers are laid off, as well as other mayoral initiatives.
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Wise Guys Show
February 2011 -- NY1
Liz Holtzman made two appearances on the “Wise Guys Show.” She was joined by former U.S. Senator Alfonse D’Amato and former State Comptroller Carl McCall to discuss the state and federal budget fight and other issues.
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Commercial real estate looking up, but distress continues
February 20, 2011 -- The Record
Scott Tross tells New Jersey's second-largest newspaper that there is a steady flow of foreclosures on commercial properties in the state, with no end in sight. He says the foreclosures are split about equally between maturity defaults, where a loan has matured and the borrower cannot secure new financing, and payment defaults, where the borrowers stop paying debt service, often as a result of tenants' having departed or gone under.
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SEC Loath to Clarify Insider-Trading Rules
February 16, 2011 -- Hedge Fund Alert
Steven Feldman analyzes the largely fruitless attempt by the hedge fund industry's trade group, the Managed Funds Association, to convince the SEC to clarify its view of what constitutes insider trading. Steve says that it remains a gray area because there is no single law that proscribes insider trading, and that the SEC's efforts to codify matters through regulation has lacked enough specific detail to offer clarity.
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Renting Rules for Condo Owners
February 13, 2011 -- The New York Times
Doug Heller tackles a reader's question about what a condo board can do to restrict unit-owners from renting their units -- or charge a transactional fee -- when the condominium declaration allows rentals but is silent on the issue of restrictions and fees.
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N.J. Judge To Decide Whether To Reopen Robert Brennan's Bankruptcy Case So Regulators Can Recover Funds
February 7, 2011 -- NJ.com
Paul Herman is quoted in “N.J. Judge To Decide Whether To Reopen Robert Brennan's Bankruptcy Case So Regulators Can Recover Funds,” an article about a notorious penny stock promoter who spent a decade in prison for bankruptcy fraud. Brennan has an offshore family trust that authorities have been trying to access for years and Paul explains that sometimes there are legitimate reasons to set up an offshore account.
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A Harlem Cultural Hub Is Threatened by Debt
February 1, 2011
Ray Hannigan is quoted in The New York Times article “A Harlem Cultural Hub Is Threatened by Debt." The article discusses the foreclosure action brought against our client, the National Black Theatre, which threatens to close the doors of one of Harlem’s most prestigious cultural and educational institutions.
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Firms Train Sights on MTA Licenses
January 30, 2011 -- Crain’s New York Business
Barry Werbin is quoted in “Firms Train Sights on MTA Licenses,” which discusses the growing popularity of New York City subway merchandise and how several entrepreneurs have licensing contracts with the MTA. Barry explains that entrepreneurs must have solid projections of what they can sell and how much demand there is for their product before entering into these contracts.
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Gerova Financial Unit’s Assets Were Questioned in SEC Wells Notice
January 25, 2011 -- Forbes.com
Arthur Jakoby is quoted, and our representation of Stillwater Capital Partners is noted, in the blog entry “Gerova Financial Unit’s Assets Were Questioned in SEC Wells Notice,” which discusses the Wells Notice that Stillwater received in June 2010.
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‘Bad Boy’ Guarantees Snarl Billions in Real Estate Debt
January 19, 2011 -- The New York Times
Ray Hannigan analyzes the role of springing guarantees -- or so-called bad boy guarantees -- in commercial real estate lending workouts. Ray notes that in the last downturn -- in the late Eighties and early Nineties -- defaulting borrowers would file for Chapter 11 protection just before lenders moved to foreclose.
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Attorney: Charters can create development opportunities
January 19, 2011 -- NJ Biz -- The Daily
In a story about New Jersey Governor Chris Christie's approval of 23 new charter schools, mostly in Newark, Dena Cohen says the schools can spur residential and retail development in economically depressed areas.
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Midtown south's moment has arrived
January 17, 2011 -- Crain's New York Business
In this commercial real estate article about midtown south's new-found panache, Jonathan Adelsberg compares that market to midtown and downtown. People with open collars and iPhones are emblematic of midtown south, he says, while the BlackBerry is more prevalent in midtown and downtown.
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Hudson Yards development tries to tempt a tenant
January 17, 2011 -- Crain's New York Business
In this front-page story about how The Related Cos. is seeking office and retail tenants at Hudson Yards, Richard Brown says finding the first tenant is critical, with others sure to follow. Richard says that is the norm when owners seek to lease space in previously undeveloped or underdeveloped markets.
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Related Cos. to pay $82.8M for Rector Sq. project
January 13, 2011 -- Crain's New York Business.com
The firm's work on behalf of Anglo Irish Bank is noted in this story, which describes how we helped the bank foreclose on its borrower, Yair Levy, and then assist the bank at a foreclosure auction. The story says the bank is likely to assign its winning credit bid to Related next week.
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SEC Rule Has Swaps Traders Running Scared
January 12, 2011 -- Hedge Fund Alert
Patrick Sweeney notes that a new SEC rule -- which traders did anticipate -- covers security-based swaps for the life of the contract. Pat notes that under the newly promulgated rule, traders can be liable in cases of ordinary disputes about calculating values or netting cash payments.
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Facebook's Private Days Numbered
January 7, 2011 -- Investor's Business Daily
Stephen Fox points out the irony that Facebook's business model encourages sharing of information over personal privacy, while its corporate model puts a premium on keeping its financials close to the vest. Stephen made his remarks in an article about the Goldman Sachs investment in Facebook and the question of whether Facebook will be able to remain a private company for long.
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Why Facebook Is Such a Crucial Friend for Goldman?
January 4, 2010 -- The New York Times
In the lead business story of the day, which covers Goldman Sachs's investment in Facebook, Stephen Fox analyzes the rule that to remain private, a company must have no more than 500 shareholders.
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Loan-to-own: Predatory or practical? Some developers call the strategy underhanded, but courts aren't so sure
January 2011 -- The Real Deal
Sheldon Chanales argues that in most cases of alleged predatory lending, the banks and other financial institutions are acting in good faith, well within the law, and in reaction to monetary defaults. Sheldon opines: "There's no moral hazard involved in owning a lender position and using the right to exercise your position. Welcome to capitalism."
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Bernard Madoff Investors to Launch New Wave of Lawsuits Against U.S. Regulator
January 1, 2011 -- The Telegraph
Howard Elisofon is quoted in The Telegraph article "Bernard Madoff Investors to Launch New Wave of Lawsuits Against U.S. Regulator." The article notes our actions against the SEC on behalf of Madoff investors.
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Where's The Capital?
January 2011 -- Real Estate Forum
Funds formed to acquire distressed assets have in some cases been forced to return capital to investors or deploy the money in questionable deals, Neil Shapiro says. Meanwhile, he adds, pensions funds and other investors in such funds are declining to commit money until deals are actually in place. The one bright spot in the real estate finance landscape, he says, is in stable, income-producing property.
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401(k) fear: Can workers' stock decisions figure in layoffs?
December 26, 2010 -- USA Today.com
Employees who sell shares of company stock from their 401(k) plans are immune from retribution if they follow the rules of the plan, Fred Green says in a Q&A. Companies that establish 401(k) plans that seek to comply with ERISA Section 404(c) cannot even find out whether employees are selling company stock, whereas the plans that do not seek to comply with 404(c) allow employers to monitor -- but not act on -- employees' sales of such stock.
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How an SEC Crackdown Led to Rise of 'Expert Networks'
December 17, 2010 -- The Wall Street Journal
Steven Feldman analyzes the government's widening of insider trading investigations and prosecutions to include technology executives, midlevel managers and even doctors who are involved in potentially market-moving clinical trials. Steve cautions that investors must be more careful than ever not to run afoul of laws and regulations, but says that in the end, criminal and civil prosecutions will turn on traditional insider trading issues rather than proper research.
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Report Details Ties Between US And Ex-Nazis
December 11, 2010 -- Associated Press & NPR
Liz Holtzman is quoted in “Report Details Ties Between US And Ex-Nazis,” an article about declassified CIA files that indicate that US intelligence officials went to great lengths to protect a Ukrainian fascist leader and suspected Nazi collaborator from prosecution after World War II. Liz says that releasing the files is a mark of governmental and national courage.
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SEC Fixed or Still Broken?
December 10, 2010 -- CNBC's Power Lunch
The SEC was extremely negligent in its handling of the Madoff scheme but has improved markedly since then, David Rosenfield tells a live network audience on the two-year anniversary of Madoff's arrest. David says more and better staff, specialization in the SEC's units, and a new chair and director of enforcement have made the SEC far more effective.
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Viscogliosi Brothers Acts as a Strategic Advisor to Olympus Corporation on OP-1 Bone Acquisition from Stryker Corporation
December 8, 2010 -- Businesswire
Though Herrick is not mentioned, a transaction in which we represented our client, Viscogliosi Brothers, LLC, is the subject of "Viscogliosi Brothers Acts as a Strategic Advisor to Olympus Corporation on OP-1 Bone Acquisition from Stryker Corporation," which discusses how Viscogliosi Brothers acted as strategic advisor to Olympus Corporation for its $60 million purchase of Stryker Corporation's OP-1 bone product family.
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Rogers gets a look at Leafs' books
December 3, 2010 -- The Toronto Star
Irwin Kishner helps examine the possibility that Canadian cable company Rogers Communications, which already owns Major League Baseball's Toronto Blue Jays, would buy a controlling share of Maple Leafs Sports and Entertainment, which owns the NHL's Maple Leafs, NBA's Raptors, a soccer team, a minor league hockey team, and several arenas. He notes that media companies and sports enterprises tend to be a good match, and that locking up a local market is valuable, making a Rogers ownership of MLSE a sensible move.
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Poetic ‘wordsmithing’? Teachers’ says it has no ‘firm offer’ for Leafs
December 3, 2010 -- The Toronto Star
A Canadian sports enterprise owner's lukewarm denial that it will sell its holdings -- including teams in the NHL, NBA and professional soccer, and sports venues -- actually reveals little about the owner's plans, Irwin Kishner says. He helps analyze the likelihood that a major Canadian media company is poised to buy one of that nation's premier portfolios of pro sports teams and venues.
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Letters: Looted Art
December 1, 2010 -- New York Times
Howard Spiegler and Larry Kaye's letter to the editor of the The New York Times ' travel section was published. They commented on the article "In Paris, on the Trail of Art Looted by Nazis” and explained that there are still an enormous number of artworks that have not been returned to their rightful owners.
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Real estate after the midterm 'shellacking': What will the new governor, new AG and new Congress mean for NYC real estate?
December 2010 -- The Real Deal
In a six-professional Q&A, Kevin Fullington the prospects for New York commercial real estate following the midterm elections. Kevin analyzes a variety of issues, including the value of the 421a tax abatement program, what the new attorney general might do regarding real estate, and the likelihood that Governor-elect Cuomo will treat developers kindly.
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Federal Probe Prompts Compliance Reviews
December 1, 2010 -- Hedge Fund Alert
In this article about what hedge funds are doing -- and should be doing -- in response to the government's recent activity in enforcing statutes that prohibit insider trading, Irwin Latner says chief compliance officers should dig deeply into the relationship between the funds and independent research networks and how information gleaned from the research is being used in trading.
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Insider Case Has Soft-Dollar Focus
November 27, 2010 -- The Wall Street Journal
Steven Feldman says tracking the flow of soft dollars could be an integral part of prosecuting -- or defending -- insider trading cases, their use possibly showing criminal intent if investment firms purposely obscured payments by routing them through their brokers rather than paying directly. Soft dollars are premiums that stock brokerages give their biggest traders, who, in turn, use them to pay for research.
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Wall Street Witch Hunt
November 23, 2010 -- CNBC's Power Lunch
In this live network segment, Jason D'Angelo says the public wants the government to be aggressive in investigating and prosecurting insider trading cases, but he cautions against over-reaching. He says he sees some instances of the government's expanding the definition of insider trading and notes that the whistleblower provisions of Dodd-Frank give the government more resources but believes most of the civil and criminal prosecutions will be based on traditional insider trading methods.
Media Mention

Paintings From the Collection of Jacques Goudstikker at the CJM
November 18, 2010 -- Bay Area Reporter
Larry Kaye is quoted in “‘Reclaimed: Paintings From the Collection of Jacques Goudstikker at the CJM” which also notes our representation of the heirs of Jacques Goudstikker.
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Insider Trading Probe
November 22, 2010 -- CNBC's Closing Bell
In a live, five-minute network segment, Steven Feldman tells Maria Bartiromo that the government can easily start an insider trading investigation -- and possibly smear hedge funds' reputations in the process -- but it is harder to get a search warrant, slightly harder to indict traders, and far more difficult to secure convictions. He says the government's recent aggressiveness is an indication that it is seeking to make insider trading a point of emphasis and could represent over-reaching.
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Company that owns Charlie Brown's steakhouse files for bankruptcy
November 19, 2010
Gary Young tells New Jersey's largest newspaper that unsecured creditors -- including vendors and holders of gift cards -- will probably come away with nothing, even if the restaurant chain's parent company emerges from protection. Gary, whose clientele includes restaurants and who is longtime counsel to the New Jersey Restaurant Association, also notes that the Chapter 11 filing will stay a wage-and-hour class action in which the company is a defendant.
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Battery Park Condo Project Goes to Lender
November 18, 2010 -- GlobeSt.com
Christopher Sullivan says the plaintiff in the Rector Square foreclosure action -- our client Anglo Irish or its designee or assignee -- is entitled to hold or sell the project and also may pursue the borrower or guarantor for any deficiency arising from the sale of the project at auction. The lender was the sole bidder, taking back the project for $82.75 million, which Chris views as "a good result given the circumstances and economic landscape."
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Anglo Irish Keeps Control of 232 Unsold Condos in NYC's Battery Park City
November 18, 2010 -- Bloomberg News
Christopher Sullivan says Anglo Irish Bank, which was the sole bidder at the foreclosure auction of 225 Rector Place, may take title to the property and then sell it, or sell its winning bid to another party. He says if Anglo Irish sells its bid, the buyer would take title to the condos, a 114-space parking garage and 2,000 square feet of commercial space by the court-mandated closing date of Dec. 15.
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Anglo Irish Bank to Auction 232 Manhattan Apartments in Foreclosure Sale
November 17, 2010 -- Bloomberg News
Christopher Sullivan notes that 232 unsold condo units, a garage and other commercial space were to be auctioned as a block, in an attempt for our client Anglo Irish to recover as much of the $135 million that the borrower, who defaulted on the loan, owed the bank. Selling the property in bulk -- as opposed to piecemeal -- tends to bring not only a higher price but also the possibility of a sophisticated developer who can finish the project. (The sale, the following day, went for $82.75 million).
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Failed Rector Sq. project sells for a song
November 17, 2010 -- Crain's New York Business.com
Our representation of Anglo Irish Bank in the foreclosure on the Rector Square condo project -- and its ultimate auction, where the lender was the sole bidder -- is noted here.
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The Haggling Begins for Troubled Assets
November 11, 2010 -- New York Times
Patrick Sweeney is quoted in this lead business-page story about how banks are considering selling some financial assets, including some troubled CDOs and derivatives, in part to comply with stiffer regulations and in part simply to shed assets. The story notes that the hdege funds and private equity funds that are interested in buying those assets generally are not bidding enough to satisfy the banks' price targets.
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Once on Sleepy Beat, Regulator Is Suddenly Busy
November 5, 2010 -- The New York Times
Therese Doherty, who routinely represents financial institutions before the CFTC, says the regulator has grown in size and stature, but also in ambition. The CFTC's goal to regulate a wider swath of the market will present new challenges even as it ramps up its operations.
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Real estate pros mixed on Schneiderman, Cuomo victories
November 3, 2010 -- The Real Deal.com
Douglas Heller says Attorney General-elect Eric Schneiderman should quickly appoint a new head of the office's Real Estate Finance Bureau because the retirement of the previous leader has slowed the department's operations in a number of crucial ways.
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How to strengthen the CPA/attorney relationship
November 1, 2010 -- Accounting Web.com
Brian Raftery says he often refers high-net-worth clients to CPAs, especially when their personal tax needs are more sophisticated than the tools they are using. This article notes that Brian is also a CPA, and he says he tries to match clients' personalities and tax needs with accountants' personalities and capabilities.
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Subordinated? Trump Cramdown Trumps Intercreditor Agreement
September 2010 -- Turnarounds & Workouts
Paul Rubin is quoted in the September 2010 issue of Turnarounds & Workouts regarding the implications of the decision of the New Jersey Bankruptcy Court in the Trump Entertainment Resorts bankruptcy case. The ruling relates to efforts by junior creditors to be paid under chapter 11 plans confirmed via cramdown, despite subordination provisions requiring payment of senior creditors in full before junior creditors may be paid.
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FDIC’s Plan to Securitize Assets Could Boost CMBS
October 21, 2010 -- GlobeSt.com
Scott Tross says the FDIC's apparent plan to bundle performing real estate loans and sell them as CMBS is likely to attract the usual buyers of CMBS -- pension funds, insurance companies, mutual funds, institutions and wealthy individual investors. He notes that there are more factors indicating the market will want the securities -- undeployed cash, a paucity of CMBS for several years, and an apparent strengthening of the real estate and credit markets -- than factors arguing against market acceptance.
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Rules To Remember About Investing In Memorabilia
October 18, 2010 -- CNBC.com
Irwin Kishner is quoted in this special section on alternative investing, noting that collectors of sports memorabilia can be divided into two groups: those who collect for the love of the items, and those who collect for possible profit. Among his other observations, Irwin advises the buyers of memorabilia deal with auction houses and other reputable dealers to minimize the chance of fraud, and to be aware of events -- an athlete's death, for instance, or winning a championship -- that could affect the value of some items.
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Tensions are Rising Between the Restitution Community and U.S. Museums Over the Proper Way to Handle Holocaust Art Claims
October 2010 -- ARTNews
Charles Goldstein is quoted in “Tensions are Rising Between the Restitution Community and U.S. Museums Over the Proper Way to Handle Holocaust Art Claims.” He explains that major museums have engaged in the concerted effort to intimidate claimants and to assert the statute of limitations to prevent an independent review of the validity of the claimants’ position.
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Newtown Creek ready for a scrub: Recent Superfund designation seen as positive, but effort will take 20 years
October 17, 2010 -- Crain's New York Business
Louis Evans discusses what information the EPA seeks when it sends inquiries to businesses at or near a Superfund site, in this story on the commercial effects of Superfund designation.
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Cuban, Crane want fees on failed Rangers bid
October 11, 2010 -- Sports Business Journal
Gary Eisenberg casts doubt on the likelihood that Mark Cuban and Jim Crane, unsuccessful bankruptcy bidders for the Texas Rangers, will be awarded the aggregate $2.65 million they seek to recover legal fees and other expenses stemming from their failed bid. He says such an award would set a precedent because it would erode creditors' recoveries, which is anathema to bankruptcy court proceedings.
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Norton Simon's Disputed 'Adam and Eve' Getting Closer Look from Supreme Court
October 4, 2010 -- Los Angeles Times
Larry Kaye and our representation of Marei Von Saher, are mentioned in the Los Angeles Times article "Norton Simon's Disputed 'Adam and Eve' Getting Closer Look from Supreme Court."
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High Court Seeks SG Brief On California Looted Art Law
October 4, 2010 -- Law360
Larry Kaye is quoted in the Law360 article "High Court Seeks SG Brief on California Looted Art Law" which disucsses our client, Marei von Saher's case involving California's law for the recovery of artworks stolen during the Holocaust.
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Mari-Claudia Jiménez: Cuban-American Art Buff Uses the Law to Retrieve Stolen Treasures
September/October 2010 -- Hispanic Executive
Mari-Claudia Jiménez was featured in the September/October 2010 edition of Hispanic Executive.
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Auction looms for Rector Square housing
September 30, 2010 -- Crain's New York Business.com
Christopher Sullivan is quoted regarding the upcoming auction of Rector Square, the condominium project that Herrick, Feinstein foreclosed on, on behalf of our client, Anglo Irish Bank. He notes that large, well-capitalized, credit-worthy organizations -- such as investment funds -- have expressed interest in buying the project, which will be auctioned off as one bloc.
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Anglo to auction off Rector Square Nov. 17
September 30, 2010 -- The Real Deal.com
Christopher Sullivan, lead litigation counsel to Anglo Irish Bank in its forceclosure on the condominium project Rector Square, notes that the entire project -- condo units, commercial components and parking garage -- will be sold Nov. 17 at auction.
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Small Business Bill, Accounting Change Could Pack Wallop
September 27, 2010 -- GlobeSt.com
Howard Peskoe explains why pending legislation, designed to spur lending to small businesses, probably will not tend to cause those businesses to buy commercial property, rather than lease. But the bill, in combination with proposed changes to the accounting rule FASB 13, might do so, he says, because the changes would require businesses to include lease payments as debt on their balance sheets, possibly leading some to buy instead of lease.
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Charity Fingers SEC For $20M Lost In Madoff Scheme
September 27, 2010 -- Law360
This story notes Howard Elisofon's and Herrick, Feinstein's representation of the Litwin Foundation, which sued the SEC based on the commissions actions and inactions in the Madoff fraud. The story notes that our firm has filed four suits on behalf of six victims.
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A market test for renewable energy
September 23, 2010 -- European Energy Review
Mahendra Churaman examines the prospects for an IPO planned by the Italian utility company Enel and expresses skepticism regarding the share price. The overall spottiness in the IPO market and Enel's insistence on offering the shares now leads him to predict that investors will want to perceive a discounted price for the shares.
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Little stigma for commercial real estate owners who default on mortgages
September 19, 2010 -- Newark Star-Ledger
Scott Tross notes that many owners of commercial properties -- especially those with non-recourse loans -- are willing to walk away from making mortgage payments on distressed properties.
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Ready for Action
September 6-12, 2010
Irwin Kishner is quoted in the article "Ready for Action", which appeared in a special New Meadowlands Stadium section of the SportsBusiness Journal. In it, he mentions various projects Herrick's sports law practice is working on, including serving as lead counsel for matters related to the new Yankee Stadium.
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Condos still hot in Chelsea
September 15, 2010 -- Real Estate Weekly
Scott Mollen, who acted as receiver, and Jack Sheridan, who represented the seller, are mentioned in a story that notes the sale of 559 West 23rd Street, a High Line development site.
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The HFBOA Newsletter: September 2010 Edition
September 2010 -- Hedge Fund Business Operations Association
Irwin Latner is interviewed and quoted as a panelist in the September 2010 edition of the Hedge Fund Business Operations Association Newsletter, in which he discusses reactions to and expectations for the latest regulatory initiatives affecting hedge funds.
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For Collectors, a Hard Lesson in the Art of the Swindle
September 13, 2010 -- Crain's New York Business
Larry Kaye is quoted in "For Collectors, A Hard Lesson in the Art of the Swindle" in which he notes that most insurance claims in the fine arts field are for injury to artwok sustained in transit or installation.
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Above Ground, a 2nd Ave. Subway Plan Attracts Critics
September 1, 2010 -- The New York Times
Herrick's chief planning and development specialist Richard Bass is featured in The New York Times article "Above Ground, a 2nd Ave. Subway Plan Attracts Critics." In it, Richard contends that the M.T.A. missed an opportunity to get into the real estate game by not working with private developers to incorporate its ancillary buildings into residential towers.
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Stolen art superhero?
August 24, 2010 -- European Radio Network
Howard Spiegler ("often compared to Indiana Jones") and Herrick's art law practice are profiled in this radio clip and online written story, which focus on Howard's representation of victims of the Nazis during the Holocaust era, to help them recover stolen art and antiquities.
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IDT Seeks To Revive Suit Over $42.5M Winstar Deal
August 26, 2010 -- Law 360
Herrick's representation of Impala Partners is noted in “IDT Seeks To Revive Suit Over $42.5M Winstar Deal.”
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Little-Used Law Gives Condo Buyers a Way Out
August 13, 2010 -- City Room, the law blog of The New York Times
Douglas Heller opines that the Interstate Land Sales Full Disclosure Act makes little sense in the New York City condo world because required disclosures contain irrelevant information that often duplicates what is in the offering plan. The posting analyzed a recent decision in federal court that allowed three buyers of condo units to rescind their contracts and retrieve their deposits because a condo sponsor had not made disclosures that the statute requires.
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The Lawyers You Call
August 11, 2010 -- The New York Observer
Gary Eisenberg and the firm's real estate practice are profiled in "The Lawyers You Call," a look at the city's top law firms with commercial real estate practices. Gary is pictured, and the firm's work in a variety of areas -- including our first-in-the-nation lawsuit against the SEC on behalf of Madoff victims -- is noted.
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Timing of Lawyer's Thievery Saves Title Insurer From Liability to Buyers
August 4, 2010
A unanimous New Jersey State Supreme Court reversed an Appellate Division decision and found for our client, Stewart Title, in a case that looked at who is liable when a closing attorney steals a client's funds. In this case, Stewart Title had never even heard of the attorney -- or his clients, who sold a home and then bought another, entrusting their attorney with their money -- before the theft occurred. This story quotes Jaimee Katz Sussner, who successfully argued the case, about what the Court ruled on and what it deferred for another day.
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Readying for Texas Rangers' Aug. 4 auction
August 2, 2010 -- Sports Business Journal
The three-week time frame between when a bankruptcy judge ordered an auction of the bankrupt Texas Rangers and the date of the auction could mean that a higher bid would have been forthcoming if more time were allowed, Gary Eisenberg says. He notes, however, that bankruptcy judges are not obligated to establish processes that generate the most money, only that they ensure a fair process. Their focus is often on finality, he says in this story about the 16-month saga that began when the team's owner defaulted on his debt.
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Why Disney Nabbed Playdom
August 2, 2010 -- InternetEvolution.com
Disney's $763 million acquisition of Playdom -- one of the big three developers of social games played on Facebook, MySpace, and the other social networks -- was shrewd, John Rogers says. The acquisition makes sense because it puts Disney in a micro-transaction-based business and also positions the entertainment giant to create games around its library of characters, he says, adding that social gaming is here to stay and will grow over time.
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Tension Tamers: Here’s how to help your clients avert inheritance lawsuits between their kids and a new spouse
August 2010
Brian Raftery is quoted at length on how to structure assets and preserve wealth in a second marriage when there are children from a first marriage. This story gives tips on how to avoid tension -- and litigation -- between children and their step-parents, and covers elective shares, pre-nuptual agreements, QTIPs and other personal planning tactics.
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Leaving a Co-op During Repairs
July 30, 2010 -- The New York Times
Doug Heller weighs in on what rights a co-op shareholder might have if the co-op board forces him and his family to leave for a week while repairs are performed, in this Q&A in the Sunday real estate section. Doug says the board has the business judgment rule on its side, the shareholder can point to no bright-line case law that declares a certain duration of absence unreasonable, and the proprietary lease does not obligate the co-op to pay for alternative housing.
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Yikes! It’s a Garage
July 30, 2010 -- The New York Times
Eldad Gothelf is quoted about the thorny issues of curb cuts and private parking in New York City residential buildings, and notes that the city's Planning Department has sought counsel from a variety of groups as it grapples with the issue. The story mentions that Eldad is an author of the firm's environmental and zoning blog, ZONE.
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Rector Square's unsold units near auction: Related is seen as the likely buyer of the discounted apartments
July 30, 2010 -- The Real Deal.com
Chris Sullivan tells The Real Deal.com that Rector Square will likely be sold at auction in the fall, once a few procedural wrinkles are resolved.
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Painting stolen by Nazi now on display in New York
July 29, 2010 -- CNN
Howard Spiegler is quoted in the CNN article "Painting stolen by Nazi now on display in New York." The article notes Howard's representation of the Estate of Lea Bondi Jaray and discusses the settlement with the Leopold Musueum.
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Schiele’s Long Disputed ‘Portrait of Wally’ Unveiled at Museum of Jewish Heritage
July 29, 2010 -- Lindsay Pollock’s art market views’s
Howard Spiegler is mentioned, and our client the Estate of Lea Bondi Jaray is featured in Lindsay Pollock's art market view's "Schiele’s Long Disputed ‘Portrait of Wally’ Unveiled at Museum of Jewish Heritage" which discusses the Leopold settlement.
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New Law Encourages Whistleblowers
July 28, 2010 -- Hedge Fund Alert
Steven Feldman notes that the financial overhault legislation known as the Dodd-Frank Wall Street Reform and Consumer Protection Act contains a provision that authorizes the SEC to pay an aggregate of $300 million to whistleblowers with insiders' knowledge of fraud. He says, however, that the legislation places some constraints on prospective whistleblowers, requiring them to retain counsel before approaching the SEC, for instance, in an attempt to eliminate false claims of wrongdoing.
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How to hire freelancers with finesse: Know dos and don'ts to keep relationships with outside workers productive, problem-free
July 27, 2010 -- Crain's New York Business.com
Mara Levin discusses employment issues -- what distinguishes an employee from an independent contractor -- and Barry Werbin cautions that contractors' work product is the intellectual property of the contractors unless they sign a work-for-hire or assignment agreement. Mara and Barry made their observations in this story about how small businesses can safely use contractors instead of employees when circumstances dictate.
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Portrait of Notoriety
July 27, 2010 -- Wall Street Journal On-Line’s
Our representation of the Estate of Lea Bondi Jaray, and the settlement with the Leopold Museum, are noted in the Wall Street Journal On-Line's article “Portrait of Notoriety.”
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Heirs of Jewish Art Dealer Win $19M Settlement Over Schiele Painting Looted by Nazis
July 26, 2010 -- American Lawyer’s Am Law Litigation Daily’s
Howard Spiegler, Herrick, our representation of the Estate of Lea Bondi Jaray, and the settlement with the Leopold Museum are all mentioned in the American Lawyer’s Am Law Litigation Daily article "Heirs of Jewish Art Dealer Win $19M Settlement Over Schiele Painting Looted by Nazis."
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Are consumers ready for Texas Longhorns Energy? Collegiate sports brands plug into unique marketing effort
July 26, 2010 -- Sports Business Journal
Matthew Pace is quoted in this story about the six-year deal our client, Branded Retail Energy, closed with the University of Texas in which Texas sports fans will be able to buy Longhorns-branded energy. Matthew says that deregulated energy is ripe for affinity marketing deals such as this one.
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Fighting for Art Justice: Lawyer Howard Spiegler helps clients reclaim stolen works of art
July 26, 2010 -- Voice of America
Howard Spiegler's art-recovery practice is profiled in this radio and on-line story. The six-minute radio clip and on-line written story focus on Howard's -- and Herrick, Feinstein's -- triumphs in recovering looted and stolen art, particularly pieces stolen by the Nazis during the Holocaust era.
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Shirley Sherrod and the Dark History of Baker County
July 22, 2010 -- Huffington Post
Elizabeth Holtzman, who as a law student in the Sixties worked with a civil rights lawyer in racially charged cases in southwest Georgia, describes what the atmosphere was like in Baker County and why, in her view, Shirley Sherrod is a hero.
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Reviving art market offers brush with greatness
July 21, 2010 -- Crain's New York Business.com
Lawrence Kaye says the return of Russian buyers to the art market bodes well for the activity of that market, which is more vibrant than a year ago. The story notes that Herrick represented the seller of the Picasso that sold at a recent auction for the highest price ever paid for a piece of art at auction.
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FX Luxury creditors propose plan
July 20, 2010 -- The Daily Deal
Our representation of W.R. Huff Asset Management Co. LLC, an investor in the bankruptcy case of FX Luxury Las Vegas I LLC, is noted in this story. Joshua Angel represented Huff.
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Tentative OK Given to $8 Million Settlement of Suit Over Prepaid Calling Cards
July 15, 2010 -- New Jersey Law Journal
John Goldman's representation of a defendant in a class action suit that settled is noted here.
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New York City Networking Group hosts Mega Forum, features panels, speakers on current state of the market
July 13, 2010 -- New York Real Estate Journal
This story notes that Gary Eisenberg was a member of a panel, Opportunistic Investing in the Real Estate Marketplace, at an all-day forum on New York City commercial real estate.
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Court reinstates Visteon retiree benefits
July 13, 2010 -- Reuters
Stephen Selbst says the Third Circuit's ruling in Visteon, which prohibited the bankrupt auto parts manufacturer from eliminating retirees' health and life insurance benefits, might go up to the Supreme Court. Stephen said this is the kind of case the Supreme Court is prone to hearing because it has a significant societal layer and because the various federal circuits are divided on the larger issue of whether bankruptcy discharges companies' obligations to pay retirees' benefits.
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The Phraseologist
July 12, 2010 -- The Commercial Observer
Gary Eisenberg's practice and outside interests -- including professional sports -- are profiled in this story in the New York Observer's real estate-related publication. The story, which ran in the paper's weekly Sit-Down space, which features professionals prominent in New York commercial real estate, alludes to Gary's colorful use of the language to describe various phenomena in the world of distressed debt and foreclosure and includes his predictions for where those markets are headed.
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Hire and Higher?
June 2010 -- New Jersey & Company
Patricia Graham, quoted at length, notes that a recently enacted New Jersey law legalizing marijuana for medicinal purposes does not protect employees in the workplace, does not proscribe employers from enunciating policies that prohibit workplace usage, and do not force employers to accommodate such workers. She notes that the statute doesn't address all issues, including how much protection workers have when the medical conditions that gave rise to their legalized marijuana use makes them part of a protected class.
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Marijuana in the Workplace
July 1, 2010 -- CNBC's Power Lunch
States that have legalized marijuana for medicinal purposes have not protected users from being fired if their marijuana use conflicts with company policy, Carol Goodman tells a live network audience. Carol made her remarks in a five-minute segment that included former U.S. Rep. Asa Hutchinson, who later was administrator of the U.S. Drug Enforcement Agency, regarding a suit filed by a Wal-Mart worker who was fired for smoking prescribed pot to alleviate pain.
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15 People You Should Know: If you're in real estate and you haven't met these people yet, it's time to make the introduction
June/July 2010 -- NYinc
Mark Levine is profiled and quoted as one of 15 professionals in New York commercial real estate who are worthwhile knowing. This vignette describes his background, current work and ambitions.
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‘Transformative’ Brooklyn MXD Clears Hurdle
July 1, 2010 -- GlobeSt.com
Mitch Korbey is quoted discussing the unanimous approval of the Domino Sugar Development by the New York City Council's Land Use Committee. In the article, Mitch calls the mixed development plan for Domino a transformative one for the Williamsburg, Brooklyn waterfront neighborhood that has long been home to vacant property and empty lots.
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City Council committee approves new 2,200-apartment project where old Domino Sugar refinery sits
June 30th, 2010 -- New York Daily News
The City Council's Land Use Committee unanimously approved a 2,200-apartment project on the Williamsburg waterfront, on the site of the old Domino Sugar refinery.
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$1.4 Billion Development at Sugar Refinery in Brooklyn Wins Key Council Support
June 29, 2010 -- The New York Times
The $1.4 billion plan to transform the former Domino Sugar refinery into a residential development on the Brooklyn waterfront won critical support in the City Council's Land Use Committee.
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Another potential Texas Rangers buyer emerges
June 28, 2010 -- Sports Business Journal
Paul Rubin says that the judge's written decision, and the appointment of a chief restructuring officer in the Texas Rangers' bankruptcy, make it difficult to predict who will be the successful bidder for the club.
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Zynga Draws Record VC Funding
June 28, 2010 -- InternetEvolution.com
John Rogers says that Zynga, an on-line gaming site, appears to have limitless potential for profitability and therefore is likely to have a successful liquidity event in the form of a robust IPO or acquisition.
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Will Mark-to-Market Finally Push Distress?
June 22, 2010 -- GlobeSt.com
The market for distressed commercial real estate and distressed debt secured by real property is so thin that investors who intended to pursue such deals are dropping out, Gary Eisenberg says. Additionally, the distressed properties and notes that are trading are trading at relatively high prices, he says.
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Herrick is significantly strengthening its Environmental Group with the arrival of counsel Louis A. Evans.
June 2010
Louis A. Evans brings 30 years of experience in environmental law to Herrick's clients. He focuses on environmental issues in connection with development and redevelopment projects, real estate management and remediation of contaminated properties. Lou also advises on environmental issues in corporate, financial and real estate transactions.
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Todd DuBoef and the Future of Boxing
June 21, 2010 -- SecondsOut.com
Michael Heitner is quoted at length in this profile of Todd DuBoef, an executive with our client Top Rank, the boxing promoter.
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SC Leaves Big Questions Open in Text-Message Privacy Case
June 18, 2010 -- E-Commerce Times
Barry Werbin says the Supreme Court's ruling in City of Ontario v. Quon was based on such a narrow and unusual fact pattern that it leaves open the larger questions of how much privacy employees can expect when they use employers' networks and systems for personal communications during work hours. Barry notes that as the cost of technology drops, more employees will have personal communications devices, which should lessen their reliance on employers' equipment.
Media Mention

If Nancy Reagan Gave Real Estate Advice
June 17, 2010 -- Real Estate Bisnow
Gary Eisenberg's presentation -- and the fact that Herrick hosted the event -- are noted in a story about buying distressed commercial real estate. One of the speakers advised that at today's prices for distressed commercial properties, prospective buyers should "just say no," and Gary advised attendees to pay attention to warning signs, review documents and communications, verify purported defaults and conduct proper searches.
Media Mention

Stephen Kinzer: The U.S. Needs to Reset its Own Foreign Policy
June 17, 2010 -- Lightmillennium.com
Larry Kaye is quoted in "Stephen Kinzer: The U.S. Needs to Reset its Own Foreign Policy" which covers a book event for Stephen Kinzer's "Reset: Iran, Turkey, and America's Future" at which Larry Spoke and introduced the author. The article notes Larry's position as Vice-Chairman of the American Turkish Society and as one of the co-presenters of the event.
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In Distressed Buys, Look Before You Leap
June 16, 2010 -- GlobeSt.com
Gary Eisenberg is quoted on how to avoid legal pitfalls when buying a loan-to-own note, in this story, which covered a Herrick-hosted seminar on buying distressed commercial real estate.
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Greenberg-Ryan could get $10M breakup fee
June 14, 2010 -- Sports Business Journal
Whether two bidders for the bankrupt Texas Rangers baseball team will get a breakup fee if they don't buy the team -- and how much that fee will be -- will be determined by a bankruptcy judge's view of the bidders' role in setting the price the team eventually fetches, Paul Rubin says. Arguing against a fee -- or at least a full fee -- is the fact that the breakup fee was inserted into the deal just before the club filed for protection, he says, but the judge will view the totality of the bidders' efforts in deciding.
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The Bankruptcy Option
June 11, 2010 -- CNBC's Street Signs
Stephen Selbest tells a network audience that if BP files for bankruptcy, it should not do so until it caps the oil spill because damages that arise from spillage that occurs after the filing would not be disposed of in the bankruptcy proceeding.
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AG Hits Levy With Fraud Suit at Rector Square
June 9, 2010 -- The Real Deal
Though Herrick isn't mentioned, our client Anglo Irish Bank and their foreclosure on 255 Rector Square is in the article "AG Hits Levy With Fraud Suit at Rector Square."
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When cash makes commercial deals tricky: Insiders say an uninvited green guest sometimes appears in real estate deals
June 1, 2010 -- The Real Deal
Steven Feldman discusses cash as a possible instrument of criminality in commercial real estate deals. He notes that the origin of the cash, its use to avoid a recipient's income tax liability, and its use to minimize the value of a transaction -- and therefore taxes on that transaction -- are all possible layers.
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Serving Non-Profits
June 2010 -- Connections (Newark Regional Business Partnership's newsletter)
Ed Stevenson describes how law firms must tailor their services for not-for-profits, keeping in mind cost-containment and the fact that foundations and charities tend to mesh cause-driven passion with business sense. Because philanthopic giving tends to lag behind overall economic rebounds, he predicts that for-profit businesses will probably see an upturn more quickly than their not-for-profit counterparts.
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Structuring for launch: Getting of on the right foot
June 2010 -- Hedge Funds Review
Irwin Latner says transparency and liquidity are two key issues for managers to consider when starting a hedge fund. He opines that lock-ups are generally unnecessary in a garden-variety long-short fund, where managers can temporarily halt redemptions during market turbulence anyway. Lock-ups and gating provisions are more appropriate when the fund invests in illiquid investments, such as distressed debt, he says.
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Empty Desks May Slow Upturn in Real Estate
May 25, 2010 -- The New York Times
Ben Kursman says that so-called shadow space -- commercial space that is underutilized but not easily rented -- might stunt the rebound in the commercial leasing market because that space must be absorbed before companies take on new space.
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How To Play The Changing Tax Picture in 2010
May 24, 2010 -- CNBC.com
Brian Raftery is quoted at length here, suggesting that that good tax and wealth preservation strategies include removing from estates assets that have lost value but are likely to rebound, and contributing to 529 college savings plans, which become more attractive when tax rates are rising.
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Tax deals return to bite owners
May 17, 2010 -- Crain's New York Business
Commercial property owners who engaged in 1031 exchange transactions as a means of lessening or deferring taxes may find themselves paying higher taxes than they anticipated, Michael Kessel says. The expiration of Bush-era tax cuts is likely to increase the capital gains rate from its current 15 percent, which is the lowest in decades.
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Planning for the Future in East Harlem
May 2010 -- CIVITAS
In May 2010, CIVITAS and Manhattan Community Board 11’s zoning committee organized a tour of East Harlem blocks that were rezoned in 2003. The tour was led by Richard Bass, who volunteered his time to explain how the zoning resolution is interpreted in new construction.
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Herrick -- Committed to Its Clients' Success
April 2010 -- Corporate INTL
Herrick's Corporate Department is profiled in Corporate INTL's article "Herrick -- Committed to Its Clients' Success." The article highlights the sophisticated transactions Herrick handles and discusses Herrick's commitment to helping clients achieve their goals.
Media Mention

Panel Report: Perspectives on a proposed State Department Commission on Nazi Looted Art
Spring 2010 -- Cultural Heritage & Art Review
Charles Goldstein, and Herrick are mentioned in the first issue of Cultural Heritage & Art Review which was founded by the Interest Group on Cultural Heritage and the Arts at the American Society of International Law. The article notes Charles' role as a panalist in the ASIL Cultural Heritage & Arts Interest Group's inaugural panel.
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MLB plans to move on Rangers
May 3, 2010 -- Sports Business Journal
On one hand, Major League Baseball wants to see the Texas Rangers sold quickly because the league has been supporting the team's payroll since it defaulted on its loans, Irwin Kishner says. On the other hand, if the creditors force the team into involuntary bankruptcy, the league would lose some of the influence it exerts on the club, creating a quandry for the league, he says.
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Saving the mini-Macklowes: What's the best way to work with smaller portfolio owners who have multiple buildings underwater and in trouble?
May 1, 2010 -- The Real Deal
Neil Shapiro describes what property owners can do when part of their commercial real estate portfolio is troubled and part is performing. He notes that the most important factor is the capital stack of the portfolio and each property, and says owners who own properties with a single loan are most vulnerable because lenders then have more leverage.
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Reports of criminal probe send Goldman Sachs stock plunging
May 1, 2010 -- Los Angeles Times
Steven Feldman casts doubt on the likelihood of the DOJ's bringing a criminal action -- no less a successful criminal action -- against Goldman Sachs, saying the SEC probably shared with the DOJ information throughout the civil investigation. The DOJ would probably be farther along in its work than it appears to be, if this were likely to be treated as a criminal matter, he says.
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A.G. Hopefuls Ramp Up Campaigns Despite Lack of Announcement From Cuomo
April 30, 2010 -- New York Law Journal
Elizabeth Holtzman's exploration of a run for New York State Attorney General is noted in this story.
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Structuring Your Lease to Cover Retirement
April 21, 2010 -- Medical Office Today
Neil Shapiro says medical office leases should be signed under the name of the medical practice -- not the individual doctors -- to minimize the doctors' liability in this article about how to prepare for a doctor's retirement from a practice.
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Pot & The Workplace
April 20, 2010 -- CNBC's Power Lunch
Carol Goodman tells a national cable audience that even in states that have legalized marijuana for medical purposes, workers can be dismissed if they use marijuana -- or even have traces of it in their bloodstreams -- contrary to their employers' policies. She cautions employers, however, to consider whether the marijuana has been prescribed for conditions that might quality as disabilities under various federal and state laws.
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Harry Markopolos, Madoff's Nightmare
April 16, 2010 -- Investor's Business Daily
Howard Elisofon calls Harry Markopolos a hero in this story, which describes the former fund manager's efforts to convince regulators that Madoff was a fraud. The story mentions our lawsuit against the SEC on behalf of Madoff's victims, and notes that Elisofon says Markopolos' informal investigation, findings, and numerous reports to the SEC will be a component of our case.
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Ripe for Conversion
April-May 2010 -- NYinc
Mitchell Korbey analyzes the rezoning of much of New York City and cites certain neighborhoods where the zoning changes have been most prevalent. He notes that over the last decade, an area as big as some mid-sized cities -- Providence, RI, for instance, or Newark, NJ -- was rezoned, sometimes for contextual purposes and sometimes to keep current with how the city's land is used.
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When Do You Need a Real Estate Attorney? This is one specialist to have on your team.
April 14, 2010 -- Medical Office Today
Neil Shapiro, who represents doctors and medical practices as well as property owners looking to lease space to them, is quoted in this weekly e-newsletter. He opines that smaller medical practices and those without commercial real estate experience or professional management should call on commercial real estate attorneys early in the process of leasing or buying space, expanding the practice or anything else that would involve real estate.
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When Cupid Strikes at the Cubicle
April 11, 2010 -- The New York Times
In the workplace column Career Couch, Mara Levin is quoted at length on what employers and employees should do when two employees begin -- or escalate -- an office romance. Mara insights include her dubious view of so-called love contracts, which, she says, offer little protection because they cover only the romance and not the break-up.
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Judge Jed Rakoff taps into nation's outrage over economic crisis
April 10, 2010 -- Los Angeles Times
Steven Feldman recalls that federal Judge Jed Rakoff of the Southern District of New York lectured him when Steven was an assistant U.S. attorney, in this profile of the judge.Steven used that as an emblem of how the judge is a stickler for stellar performances by attorneys who appear before him.
Media Mention

Tribune-creditor pact only delays legal battle
April 9, 2010
Stephen Selbst says a settlement between Tribune Co and its creditors -- aimed at ending the media company's bankruptcy and possibly the liability of its chairman, Sam Zell -- is not certain to be successful, in part because the original deal came at the height of the LBO fervor, failed shortly thereafter, and apparently was overleveraged.
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The Tiger Woods Effect
April 2, 2010 -- Courthouse Confidential -- The NY Times law blog
Scott Mollen discusses his upcoming presentation on how to represent business executives and celebrities who are extortion or blackmail targets, emphasizing that using law enforcement and various investigative techniques can be effective in convincing would-be extortionists and blackmailers to back off.
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Ranking New York’s top legal wranglers
April 1, 2010 -- The Real Deal
This article, which names the top New York City commercial real estate practices among law firms, notes Sheldon Chanales' representation of a consortium of Youngwoo & Associates and Kumbo Investment Bank in the acquisition of AIG's headquarters at 70 Pine Street in lower Manhattan. The 1.4 million-square-foot deal was listed as one of the top deals in the city in 2009.
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In profit and loss, for 99 years: Super-long leases remain attractive despite all the baggage
April 1, 2010 -- The Real Deal
Richard Brown discusses why 99-year leases are more popular in Manhattan than in other parts of New York, in this story about how and why such long-term deals are struck.
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Ranking New York’s top legal wranglers: A look at the 20 NYC law firms with the biggest real estate divisions – and at how they’ve dealt with the downturn
April 1, 2010 -- The Real Deal
This story identifies Herrick's commercial real estate practice as one of New York's most prominent.
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Developers jump on program to restart stalled projects
March 25, 2010 -- Crain's New York Business.com
Zoning and land use partner Mitch Korbey extolls the benefits for developers and neighborhoods of a Department of Buildings initiative -- enabled by a local law passed late last year -- that allows developers to re-start stalled projects quickly, without waiting months for the city to re-approve zoning or other special permits. The story notes that the city's plan recognizes that even competent developers are hamstrung by a weak economy.
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Sony Loses Bid to Enforce Agreement With Competitor's Top Executive
March 24, 2010 -- New York Law Journal
Lead defense attorney Mara Levin analyzes why our client, an executive with a major competitor to Sony Music Entertainment, prevailed on a motion to dismiss Sony's suit, in which it alleged that our client breached an employment contract. David Feuerstein was on the litigation team.
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Marijuana In the Workplace
March 19, 2010 -- CNBC's Power Lunch
In a live network appearance, "Marijuana In the Workplace," Carol Goodman analyzes what workplace issues businesses must consider if they are in a state that has decriminalized marijuana and any of their employees have prescriptions for medicinal marijuana.
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The Tiger Bubble
March 22, 2010 -- The New York Times Magazine
In this story about Tiger Woods' fall and marketability issues, Matthew Pace advises Woods to limit the conversation to golf issues for the next few years and then re-emerge as a "revived saint, the human Tiger Woods as opposed to the idealized one.”
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Marijuana In the Workplace
March 19, 2010 -- CNBC's Power Lunch
In a live network appearance, "Marijuana In the Workplace," Carol Goodman analyzes what workplace issues businesses must consider if they are in a state that has decriminalized marijuana and any of their employees have prescriptions for medicinal marijuana.
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U.S. Sued Over SEC’s ‘Negligence’ in Madoff’s Fraud
March 18, 2010 -- Bloomberg News
This story notes that we sued the SEC on behalf of three clients -- a charity and two individual investors -- who lost money in the Madoff scheme. This was our firm's second round of suits against the commission, the first coming in 2009, and it follows by three months the SEC's motion to dismiss our first two complaints.
Media Mention

Wal-Mart worker fired over medical marijuana
March 17, 2010 -- MSNBC.com Your Career
Even though 14 states have laws legalizing marijuana for medicinal purposes, they have not enacted legislation requiring that employers accommodate the use of medical marijuana in the workplace, Carol Goodman says. She notes receiving numerous calls from employers, wondering whether they must accommodate such use or revisit their employee handbooks, particularly after New Jersey recently passed a medical marijuana law.
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You Violated a Loan Covenant. Now What?
March 16, 2010 -- MSN Business on Main
Bruce Levine describes the three kinds of loan covenants, and analyzes how lenders and borrowers can work together to keep borrowers from defaulting. Part of that, he says, is having a realistic plan and showing the bank that circumstances are likely to improve.
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When an Employee Stock Ownership Plan Makes Sense
March 16, 2010 -- MSN Business on Main
Gary Young analyzes when Employee Stock Ownership Plans (ESOP) make sense, how they are best implemented, and the costs and possible downsides of them. Tax advantages and a parallel agenda, where employees' and management's fortunes are intertwined, are among the advantages.
Media Mention

Court Weighs Title Insurer's Liability For Attorney's Theft of Client Funds.
March 15, 2010 -- New Jersey Law Journal
Jaimee Katz Sussner's argument before the New Jersey Supreme Court on behalf of our client Stewart Title is noted in this story. The story says the title insurance industry is closely watching this case, which will help determine when a title insurer is liable for a dishonest closing attorney's theft of money, especially when the theft occurred before the title policy was purchased.
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Ex-official David Loglisci's guilty plea advances N.Y. state pension probe
March 11, 2010 -- Washington Post
Cooperating witnesses are valuable to prosecutors trying to build cases, but they can be attacked on issues of reliability, Steven Feldman says. Feldman, a former federal prosecutor, made his remarks in this story about how New York State's chief investment officer's guilty plea and willingness to cooperate might affect Steven Rattner and his private equity firm Quadrangle.
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BofA Lawyers Rebuked in Cabi Case
March 10, 2010 -- The Wall Street Journal
Bankruptcy judges tend to look with disfavor on creditors who are overly harsh with borrowers during difficult economic times, and those tactics can backfire, Stephen Selbst says.
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To Tweet or Not to Tweet
March 9, 2010 -- NJ & Company
Companies should enunciate clear policies regarding employees' personal use of employers' computers, servers and other electronic communication devices and enforce those policies, Patricia Graham says. In this story, she analyzes the rights and responsibilities of employees and employers, both public and private.
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Lohan to Sue E-Trade for $100M
March 9, 2010 -- CNBC's Power Lunch
M. Darren Traub tells a live network audience that Lindsay Lohan's suit against E-Trade, in which she alleges that the company's television ad uses her likeness without her permission, is unlikely to succeed. Further, he says, even if it does, Lohan will have difficulty proving damages.
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Senior Counsel, Very Senior Counsel
February 21, 2010 -- The New York Times
Judge Milton Mollen is profiled in this New York Times story about nonagenarian attorneys who remain active in their practices. The story, based loosely on Robert Morgenthau's decision to join a law firm after not seeking re-election as Manhattan's district attorney, mentions Judge Mollen's career highlights and his busy arbitration practice.
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BCS Under Attack
February 18, 2010 -- Sports Money on Forbes.com's Video Network
Matthew Pace says attempts to get the Department of Justice to investigate and clamp down on the college football bowl system for being anti-competitive are misguided. Matthew says the DOJ should not spend time examining the BCS system, which, although impefect, actually offers more teams more opportunities to play in various post-season bowl games.
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Medical marijuana bill doesn't give employees free rein
February 15, 2010 -- The Star-Ledger
In New Jersey's largest newspaper, Carol Goodman analyzes the rights and responsibilities of the state's employers and employees under a new law that allows patients with certain conditions to use marijuana to relieve their symptoms. Carol addresses the law and practical solutions to various issues in this Q&A, which notes that she has been flooded with calls from New Jersey employment law clients on this topic.
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Medical office condos take a hit from real estate slide
February 15, 2010 -- American Medical News
Neil Shapiro says that based on market conditions, doctors and medical groups that own medical office condominiums should wait to sell them if they are financially able to do so. This story notes that Neil is the chair of Herrick's health care practice group.
Media Mention

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The Industry Could Get Boost from SBA Proposals
February 10, 2010 -- GlobeSt.com
The Obama Administration's plan to urge community banks to lend to small businesses might benefit the commercial real estate industry, but only indirectly, Howard Peskoe says. SBA loans to entrepreneurs help businesses get started and expand, and that increased economic activity leads to additional sale or leasing of office, warehouse and retail space, he says. But he does not anticipate that the Administration's initiative will increase the number of direct loans from community banks to real estate developers and investors.
Media Mention

Where is the money? In the new world of financing, it's all about who you know
February 8, 2010 -- Crain's New York Business
Ed Stevenson says companies considering hiring consultant to help raise capital should check a prospect's last five or 10 clients -- not just the handpicked few success stories that prospects inevitably offer -- and emphasize success billing rather than high monthly retainers.
Media Mention

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Industry Welcomes Unemployment Drop with Open Arms
February 5, 2010 -- GlobeSt.com
A drop in unemployment rates augers well for the commercial real estate market in New York and other office-heavy primary markets around the country, Benjamin Kursman says. Continued improvement in the employment outlook, coupled with absorption of sublease space and fewer corporate tenants looking to sublease their space, should stablize rent prices, which, in turn, makes commercial properties more valuable, he says.
Media Mention

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Team official foresees success for pro soccer in Phila
January 25, 2010 -- Philadelphia Inquirer
An expansion soccer team's ability to sell 9,000 season tickets -- representing half its stadium's capacity -- several months before its inaugural game is a good sign that the team could succeed, Irwin Kishner says in this story about the Philadelphia Union. Our firm's representation of the New York Yankees and other major and minor league franchises is noted in this story, which measured the team's early season ticket sales against the backdrop of a struggling economy.
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Planning can reduce bankruptcy pain
January 23, 2010 -- Raleigh News & Observer
In this story about how pre-packaged and pre-negotiated bankruptcies are on the rise, Joshua Angel says that because the up-front costs of pre-arranged bankruptcies are significant, only companies with $50 million or more in assets are well-positioned to file for protection that way.
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Bank Wins Foreclosure Suit Against Levy at Rector Square
January 21, 2010 -- The Real Deal
Though Herrick is not mentioned, our client Anglo Irish Bank is in the article "Bank Wins Foreclosure suit against Levy at Rector Square" which discusses Anglo's favorable outcome in forclosing on 225 Rector Square.
Media Mention

NJ waterfront loses its competitive edge; Rents aren't low enough to lure businesses from NY
January 17, 2009 -- Crain's New York Business
Jonathan Adelsberg says this is a tenants' market -- not an owners' market -- in a story that examines relative values to be found on both sides of the Hudson River. Jonathan, co-chair of Herrick's commercial leasing practice, represents owners and corporate tenants in both New York and New Jersey, giving him insight into what both states offer.
Media Mention

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Securities Fraud and Madoff Case
January 4, 2010 -- Lawline
Howard Elisofon discusses securities litigation, particularly as it relates to the Madoff fraud, in this taped television interview. He also discusses our firm's suit against the SEC on behalf of Madoff's victims.
Media Mention

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Amazon could pay for Kindle sales coyness
December 31, 2009 -- Reuters
Stephen Fox says that public companies need not report product-specific revenues unless those revenues comprise such a significant portion of overall earnings that they are "material." He notes that there is no bright line rule on when companies must report product-specific revenues, but that the size of those earnings -- relative to overall earnings -- is one significant factor in determining materiality.
Media Mention

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Moinian Group sues to block Dwell95 auction
December 31, 2009 -- The Real Deal,com
Our representation of FBE Limited is noted in this story about developer Joe Moinian's lawsuit, which sought to block the auction of Dwell95, a luxury rental property on Wall Street.
Media Mention

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Community Banks May Be Next in Line for TARP Funds
December 23, 2009 -- GlobeSt.com
Howard Peskoe says a plan that the Treasury Department is considering -- which would require Congressional legislation and would allow small regional and community banks to borrow at favorable rates, with the intention that the money be loaned to small businesses -- can not harm the commercial real estate finance market. Howard casts doubt, however, whether the plan will work or represent a boon to real estate lending.
Media Mention

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The Fed Eases Out of Rescue Programs
December 18, 2009 -- GlobeSt.com
Liquidity in the commercial real estate market is more of a priority than minimizing the federal deficit, Sheldon Chanales says in an article about whether the Federal Reserve will continue pumping money into mortgage-backed securities and similar debt.
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SEC Invokes Immunity in Negligence Suit by Madoff Victims
December 16, 2009 -- The AmLaw Litigation Daily
The government's motion to dismiss our suit against the SEC on behalf of two Madoff investors claims the SEC acted with proper discretion and therefore has immunity, this item notes.
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SEC Seeks Dismissal of Madoff Victims Negligence Suit
December 15, 2009 -- Bloomberg News
Howard Elisofon, our lead attorney in our suit against the SEC on behalf of two Madoff investors, says the government's motion to dismiss -- and the grounds on which the government relies -- come as no surprise. The government claims immunity and that it had discretion to act as it did in handling the Madoff scheme.
Media Mention

Intangible Assets Face Scrutiny In M&A Transactions
December 10, 2009 -- Law360
Unexpected goodwill impairment charges tend to weigh on M&A buyers in later negotiations on subsequent deals, John Rogers says in a story about the effect of goodwill on the M&A market.
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Minor league scouts East Valley for team
December 4, 2009 -- Phoenix Business Journal
Matthew Pace says the future of minor league hockey in the United States in bright, in this story about an Arizona-based league's wishes to build a multi-purpose arena and lure two teams to play there.
Media Mention

Best Practices for a Hedge Fund Manager General Counsel or Chief Compliance Officer that Suspects or Discovers Insider Trading by Manager Employees or Principals
December 3, 2009 -- The Hedge Fund Law Report
Steven Feldman outlines what hedge funds and their managers ought to do -- and avoid doing -- when they suspect that employees or traders are using non-public information to make profitable trades.
Media Mention

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With new subway, massive eyesores: As long-awaited Second Avenue subway becomes a reality, Upper East Siders cringe at giant utility structures also planned
December 2009 -- The Real Deal
Richard Bass describes negotiations with the MTA on behalf of property owners, businesses and co-op and condo boards affected by the Second Avenue subway as relatively cordial, given how much disruption the project is causing on the East Side. This story notes that Herrick is representing a large number of clients along the route of the subway.
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Reduce, Reuse, Repurpose
December 2009 -- Go
Most cities' zoning plans allow for hotel development in commercial -- but not residential -- zones, making former warehouses and business sites ideal for redevelopment as hotels, Mitchell Korbey tells the in-flight magazine of AirTran. Cities often encourage redevelopment of commercial buildings as hotels because they attract tourists and bolster the local economies.
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For stars, high-tech gaffes hard to hide
November 29, 2009 -- Associated Press
Matthew Pace notes that social media -- tweeting, for instance, and posting on Facebook -- are two-edged swords for celebrities, giving them access to their fan base but also potentially harming their images when they post imprudently.
Media Mention

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Implications for Bankruptcy Law
November 29, 2009 -- Lawline
Joshua Angel analyzes debtor-side corporate bankruptcy issues in this half-hour television show, opposite a creditor-side attorney.
Media Mention

Court To Hear Appeal of Title Insurer Made To Reimburse Lawyers' Fund
November 25, 2009 -- New Jersey Law Journal
Jaimee Katz Sussner says there will be national interest in the New Jersey Supreme Court's granting of cert in a dispute between our client -- a title insurer -- and the state's lawyers' fund for client protection. At issue are the respective roles of title insurers and closing attorneys, and whether attorneys should be present at real estate closings.
Media Mention

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Start Date Is Critical in Ponzi Plan
November 24, 2009 -- The New York Times
Our motion on behalf of a Madoff investor -- which the Times and a disinterested attorney both called "novel" -- is highlighted in this story, which notes that the start date of the Madoff scheme may have a significant impact on the fortunes of entities that began investing with Madoff many years ago. Therese Doherty and John Oleske are both named in this story, which covers our attempts to recover money and protect the investor from a clawback action.
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Hager faces lawsuit over $17 million mortgage loan from N. Richard Kalikow’s Alpha Capital
November 14, 2008 -- The Real Deal.com
Our lawsuit on behalf of a lender -- alleging breach of fiduciary duty and fraudulent inducement by a borrower whose terminally ill business partner personally guaranteed a real estate loan -- is noted in this story. William Fried is mentioned in the story, and Kerry Jardine was on the papers as well.
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Stuyvesant Town woes may pave way for loan changes
November 11, 2009 -- Reuters
Scott Mollen opines that litigation surrounding Stuyvesant Town's rent rolls could last for years in this story about how the litigation might affect the value of the property.
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Auction of Queens hospital sites stirs up controversy
November 4, 200 -- Crain's New York Business.com
A federal bankruptcy court is unlikely to entertain objections from a developer who bid unsuccessfully on two Queens hospitals that are in Chapter 11, Joshua Angel says. Bankruptcy courts tend to be more sensitive to criticism from creditors than from spurned bidders, he adds.
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Real estate's bright (and not so bright) ideas: The best and worst policies and proposals floated to get NYC's market back on track
November 2, 2009 -- The Real Deal
An idea that was the cornerstone of a Real Estate New York article that Doug Heller co-authored with an assistant attorney general is cited in this Real Deal story about the best -- and worst -- ideas designed to get the New York real estate market back on track. This story declares that Doug's idea -- sponsors, developers and lenders on troubled condo projects should consider converting them to co-ops -- is among the best and brightest proposals floated.
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Going after borrowers gets personal: Lenders suing for more than $400 million in loan guarantees
November 2, 2009 -- The Real Deal
Borrowers who personally guarantee their real estate loans are off the hook if the lender takes the property back at the loan's face value at a foreclosure auction, Scott Tross says in this story about how lenders are going after borrowers' personal assets.
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Commercial market report: Landlords dangle record amounts of free rent
November 1, 2009 -- The Real Deal
Commercial owners in New York have, in some instances, gone from offering a year's free rent to two years' worth, Jonathan Adelsberg says. He notes that some landlords prefer to offer a longer term of free rent in exchange for higher per-square-foot rates during the downturn.
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Lenders get more help with "extending and pretending" commercial mortgages
November 1, 2009 -- The Real Deal
Some lenders are extending maturity dates on commercial real estate loans and others are requiring that the borrowers put up more equity, Paul Shapses says. This story notes that new tax rules are giving lenders pause about revealing current values of outstanding debt and that, in turn, is causing them to consider extending the maturities.
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Strategic Thinking for the Mezzanine Lender
October 30, 2009 -- ReutersTV
Paul Rubin discusses the challenges that mezzanine lenders confront in the real estate market today and strategies they can adopt to maximize their returns.
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High-def TV luring Americans to NHL
October 27, 2009 -- Toronto Star
Better television reception -- such as high definition TV -- will lure more Americans to watch the sport and increase the possibility that the NHL will land a national broadcast contract, Matthew Pace says in a story that notes that Herrick has a "prominent" sports law practice.
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Quality Rules in Bigger Deals
October 23, 2009 -- Real Estate New York
Banks are assuming that office rents will decrease as they decide how to underwrite loans, as opposed to assuming automatic escalations as they did in past years, Jeffrey Kaufman says. He notes that some of his clients are sprucing up Class B properties, choosing to improve their portfolios incrementally, rather than going for "the big kill," so they can ride out the current doldrums.
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Deals, No; Workouts, Yes
October 23, 2009 -- Real Estate New York
Neil Shapiro acknowledges concern over the length of time between Lehman's filing for bankruptcy protection and no substantial increase in availability of financing.
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How the credit crunch cost the Cubs. Lots of sports teams -- the Knicks, Nets, Rangers, Cubs, Dolphins and more -- could change hands as owners feel the recession's bite. Here's how investors can get in on the action.
October 21, 2009 -- MSN Money
Buyers of professional sports franchises tend to be extremely wealthy people with a passion for sports, Irwin Kishner says in a story about how an unprecedented number of teams are for sale.
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How Strong Is The Evidence in the Galleon Insider-Trading Case?
October 21, 2009 -- Wall Street Journal Law Blog
Insider trading cases against defendants who lacked direct contact with primary cooperators tend to be weaker than those against those who spoke or met directly with the cooperators, Steven Feldman says in an item related to the Galleon insider-trading case. In addition, he notes, prosecutors often fail to mention publicly conversations that would tend to be exculpatory.
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In Fraud Case, a Deal That Lost Millions
October 21, 2009 -- New York Times
The Galleon Group's losses on trades engineered by Raj Rajaratnam and others -- allegedly on insider information -- may lessen the defendants' sentences if they plead guilty or are convicted, Steven Feldman says. Feldman, a former federal prosecutor in the same Department of Justice Bureau that is prosecuting the Galleon case, notes that the government tends to ask for stiffer sentences in cases where the defendants generated large profits.
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Developers Asked to Please Clean Up Stalled Sites, or Else!
October 20, 2009 -- Curbed
This item notes that our Real Estate department has launched ZONE -- a land use and environmental blog -- at http://herrickzone.com/
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Feldman Calls Rajaratnam Case a `Moving Investigation'
October 20, 2009 -- Bloomberg Television
Steven Feldman analyzes the government's and defense's strategies and tactics in insider trading cases, and discusses the climate for such prosecutions.
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Icahn offers to underwrite $6 bln loan to CIT
October 19, 2009 -- Reuters
Gary Eisenberg says that CIT and its board will be wary of Carl Icahn's offer to lend the struggling company $6 billion, based on the perception that he might be willing to lend the money to gain control of the board.
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The Unscrupulous: Scams, Cons, Fakes, & Frauds that Poison the Fine Arts
Fall 2009 -- Book by Nick J. Mileti
Larry Kaye and Howard Spiegler are mentioned in this recently published book, which notes that they successfully recovered the “Lydian Hoard” artworks from the Met on behalf of the Republic of Turkey.
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Lawyer Charged With Lying About Knowledge of Pump and Dump Scheme
October 16, 2009 -- The BLT: The Blog of Legal Times
Arthur Jakoby issues a statement on behalf of our client -- an attorney charged with participating in a pump-and-dump scheme -- noting that the client took full responsibility for his actions.
Media Mention

Two Investors Sue SEC Over Madoff Probe
October 15, 2009 -- The Wall Street Journal
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Investors who lost $2.4m in Madoff scheme sue SEC
October 15, 2009 -- Financial Times
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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S.E.C. Sued Over Madoff Fraud
October 14, 2009 -- New York Times DealBook
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Two Madoff victims file lawsuit against the SEC
October 14, 2009 -- Reuters
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Couple Sues SEC for $2.4 Million in Madoff Losses
October 14, 2009 -- The Associated Press
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Madoff Victims File Suit Against SEC
October 14, 2009 -- The AmLaw Litigation Daily
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Madoff victims sue SEC for 'negligence'
October 14, 2009 -- CNNMoney.com
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Swindled Madoff Investors Sue U.S. Gov't for Ignoring 'Smoking Guns' in Ponzi Scheme
October 14, 2009 -- ABC News.com
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Suit Claims S.E.C. Failed to Detect Madoff Scheme
October 14, 2009 -- New York Times
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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SEC Sued by Madoff Investors for Missing Ponzi Scheme
October 14, 2009 -- Bloomberg News
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Madoff Victims Sue SEC
October 14, 2009 -- CNBC's Power Lunch
As we held a press conference to announce our lawsuit against the SEC on behalf of Madoff investors -- the first of its kind in the nation -- John Oleske simultaneously appears live on network television to describe the suit, what relief we seek for our clients, and why we believe we will prevail.
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Madoff Victims Sue SEC
October 14, 2009 -- The Business Insider
This story announces our suit on against the SEC on behalf of Madoff victims and notes that we were the first firm in America to file such an action.
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Madoff Victim Speaks Out
October 14, 2009 -- Fox Business Channel
As we hold a press conference to announce our lawsuit against the SEC on behalf of Madoff investors -- the first such action in the nation -- Therese Doherty and our client Phyllis Molchatsky appear live on network television to announce the suit, describe the relief we seek, and discuss why we believe we will prevail.
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Madoff Victims' Lawyer Elisofon Interview
October 14, 2009 -- Bloomberg Television
Howard Elisofon, appearing live, discusses our lawsuit against the SEC on behalf of two Madoff investors, and tells why we should prevail.
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Capmark highlights woes of commercial real estate
October 13, 2009 -- Reuters
In a story about how Capmark Financial Group's likely demise highlights challenges facing the troubled market for retail and office buildings, Stephen Selbst disputes the notion that commercial real estate woes will not affect the broader economy. He equates the relationship between commercial real estate and the larger economy with the subprime market's woes and the economy, and notes that optimists' predictions that the subprime issues were contained and wouldn't be contageous proved incorrect.
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Textual overtones: Digital dogging is new tool for office sexual harrassers
October12, 2009 -- New York Post
Text messages and instant messages have overtaken email as tools of workplace sexual harassment, Mara Levin says in an article about how various forms of digitial technology are effective as work tools but can be misused to harass others. She notes that in general, instant messages and text messages can be used as evidence in trials where sexual harassment has been alleged.
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Nazi Art Litigation Alert: Seized Schiele Painting Case Cleared for Trial
October 8, 2009 -- The AmLaw Litigation Daily
This item notes that Howard Spiegler and Herrick are representing the heirs of art dealer Lea Bondi, who are seeking the return of the painting "Portrait of Wally." Bondi's heirs and Austria's Leopold Museum have been fighting for custody and ownership of the painting, which has sat in a warehouse since 1997, when it was seized by the Manhattan DA's office because it was believed to be stolen from its rightful owners by the Nazis.
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Bankruptcy Professional: Spotlight
October 8, 2009 -- Bankruptcy Professional
This Q&A profiles the career of Joshua Angel, including his recent success in bringing Ultra Stores Inc. into Chapter 11 and helping the company successfully emerge.
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How Can Hedge Fund of Funds Managers Manage a "Liquidity Mismatch" Between Their Funds and Underlying Hedge Funds?
October 7, 2009 -- The Hedge Fund Law Report
Hedge funds have come to realize that meshing hedge fund strategies and private equity strategies in the same fund does not work well, Irwin Latner says. As a result, hedge funds are generally getting better at matching their liquidity and their portfolios.
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OUT OF THE 3Q WOODS
October 7, 2009 -- Real Estate Bisnow
Landlords, tenants, and lenders all need to be creative to make lease deals work in today's challenged market, Dena Cohen told the New York State Society of CPAs at an event that Bisnow covered.
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Syska Hennessy's 64,000 s/f lease
October 6, 2009 -- Real Estate Weekly
This article notes that Jonathan Adelsberg represented the tenant, Syska Hennessy, also known as the SH Group, which signed a nearly 65,000 square foot, 15-year lease at 1515 Broadway.
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Future decided, Coyotes staff gets to work
October 5, 2009 -- Sports Business Journal
Matthew Pace says the four major professional sports leagues were relieved when a bankruptcy court judge rejected a suitor's bid for the Phoenix Coyotes and, in doing so, upheld the NHL's right to decide who may own franchises and where they may be located.
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Tenants call lease auditors for help; Landlords fight back
October 5, 2009 -- Crain's New York Business
In response to office tenants' retaining lease auditors to find overbillings, some commercial landlords are including in leases restrictions on who may perform audits and when, Richard Brown says. In a sidebar to the main story, Richard, who co-chairs the Herrick leasing practice group, says that some property owners drafting lease provisions that allow only CPAs from major accounting firms or fee-only auditors, and then only within 30 days of an annual statement.
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Lender infighting on the rise: Creditors battle it out to get paid first on faltering loans
October 1, 2009 -- The Real Deal
Leveraged loans and multiple tranches have complicated real estate deals and workouts, Paul Shapses says in a story that examines how the commercial real estate industry attempts to unwind billions of dollars in distressed inventory.
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The Madoff Exiles
September 27, 2009 -- New York Magazine
Howard Elisofon and our client Phyllis Molchatsky discuss how the firm -- on behalf of Phyllis -- came to file an action against the SEC over its actions and inactions in the Madoff fraud.
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Atlantic Yards gets a lift, but pledged $200 million infusion still leaves bulk of vast project in doubt; last legal hurdle looms
September 27, 2009 -- Crain's New York Business
Scott Mollen notes that the developer of Atlantic Yards is relying on a substantial body of case law that tends to permit eminent domain for development that will drive economic growth and contain affordable housing. He cautions, however, that every case features different facts, and judges scrutinize those facts in deciding how to rule.
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U.S.-based policy holders win round to halt runoff
September 20, 2009 -- Business Insurance
In a story about how American policyholders successfully opposed a Scottish insurance company's proposed runoff plan, Jule Rousseau says a Scottish court's ruling blocking the plan will likely spur opposition to similar plans by other U.S. policyholders. American policyholders typically are most vulnerable in runoff plans.
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Federal Judge Dismisses RICO Claims Against Manhattan Real Estate Family
September 17, 2009 -- New York Law Journal
Scott Mollen is quoted on a federal judge's dismissal of a number of civil charges against our clients, the Seavey family and its various business entities, on summary judgment. A partner of the Seavey entities had sought $500 million and alleged that the Seaveys did not give him his fair share of the proceeds of the partnership.
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Team Lazio: Getting the Pataki, Romney Band Back Together
September 16, 2009 -- New York Daily News.com
The "Daily Politics" column in the Daily News' on-line version notes that Kevin Fullington, co-chair of our government relations practice group, has taken a leave of absence to become campaign manager for Rick Lazio, who is running for governor of New York.
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SEC Inspector General's Madoff Report, Senate Banking Committee Holds Hearings
September 10, 2009 -- Bloomberg Television
David Rosenfield appears live to analyze the SEC Inspector General's report on the SEC's failed investigations of the Bernard Madoff fraud, as well as the Senate Banking Committee hearings that the report triggered.
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Love a local business? Buy a share
September 10, 2009 -- Fortune Small Business
Paul Gregory advises owners of small businesses not to appear desperate when they seek financing, even if the prospective sources are family, friends or neighbors, in this article about how small investments can keep a business afloat through trying times.
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ANALYSIS - Madoff's Victims Face Uphill Fight Against SEC
September 10, 2009 -- Reuters
Howard Elisofon is quoted in the article “Madoff's Victims Face Uphill Fight Against SEC,” regarding the effect of the SEC Inspector General’s report on our litigation against the SEC on behalf of Madoff victims.
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NHL Risks Bad Precedent in Coyotes Bankruptcy
September 9, 2009 -- Reuters
Paul Rubin is quoted in “NHL Risks Bad Precedent in Coyotes Bankruptcy” about the dilemma posed to the Bankruptcy Court by James Balsillie’s extraordinary bid to purchase the Phoenix Coyotes.
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Madoff Fraud, SEC Report Continue to Raise Questions
September 4, 2009 -- AmLaw Daily
The article “Madoff Fraud, SEC Report Continue to Raise Questions” notes that Howard Elisofon has filed a number of complaints against the SEC on behalf of Madoff victims, and explores whether the SEC Inspector General’s report may bolster those actions.
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Why Didn't the SEC Stop Madoff 17 Years Ago?
September 3, 2009 -- The Today Show
David Rosenfield appears live in a Today Show segment entitled “Why Didn't the SEC Stop Madoff 17 Years Ago?” to discuss the SEC Inspector General’s report on the SEC's failure to adequately investigate the Madoff fraud.
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After Its Madoff Report, Can Victims Sue the SEC?
September 3, 2009 -- Time.com
Howard Elisofon is quoted in “After Its Madoff Report, Can Victims Sue the SEC?” regarding the SEC internal-investigation report released on Wednesday stating that the SEC missed opportunities to discover Madoff’s criminal activities.
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Madoff Probe
September 2, 2009 -- WPIX Channel 11
John Oleske appears live in “Madoff Probe” to discuss the SEC’s investigation into Madoff.
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SEC & the Madoff Investigation
September 2, 2009 -- CNBC
David Rosenfield appears live to discuss the SEC Inspector General’s report on the SEC's failure to adequately investigate the Madoff fraud.
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Fox Business Live
September 2, 2009 -- Fox Business Channel
Steven Feldman tells a live network audience that the SEC Inspector General's report about the commission's actions and inactions in the Madoff fraud was a deservedly blistering review.
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Instinet trades up to 100,000 square feet
August 31, 2009 -- Crain's New York Business.com
Richard Brown, co-chair of Herrick's leasing practice, represented Instinet in this lease, which Crain's describes as one of the largest office transactions this year.
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Scheme Resolves Highlands Dispute
August 31, 2009 -- Business Insurance Online
Jule Rousseau is quoted in the article “Scheme Resolves Highlands Dispute” regarding the advantages of schemes of arrangement, which are commonly used in London as a cost-effective alternative to liquidation.
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Cotto, Pacquiao to meet Nov. 14
2009 -- ESPN.com
Michael Heitner is mentioned as Top Rank promoter Bob Arum’s attorney in an article discussing Top Rank's success in finalizing the fight agreement between two of boxing's most popular fighters, Manny Pacquiao and Miguel Cotto. The highly anticipated fight is scheduled to take place in the fall of 2009.
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Hicks creditors look for response from NHL
August 17, 2009 -- Sports Business Journal
In a story about how creditors of the Dallas Stars are seeking repayment of loans they made, Irwin Kishner notes that most professional sports leagues' debt policies forbid creditors from taking over franchises in mid-season.
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Critics Smell Spam in White House Healthcare Email Effort
August 17, 2009 -- E-Commerce Times
The Obama Administration's use of email to educate the public on health care and health insurance -- even if the communications contain advocacy -- does not violate the CAN-SPAM statute, Barry Werbin says. The emails constitute more of a political or public trust issue than a legal one.
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Corporate And Financial Institution Compensation Fairness Act of 2009 Threatens Unprecedented Regulation of Hedge Fund Performance Fees
August 12, 2009 -- The Hedge Fund Law Report
Rick Morris is quoted at length on the likely effects of passage of new legislation that contains say-on-pay provisions and regulations of fund managers' compensation.
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DiPascali Fallout
August 12, 2009 -- CNBC
In light of the guilty plea of Madoff associate Frank DiPascali, David Rosenfield says the scope of the fraud appears wide and deep. Prosecutors are hoping that DiPascali will help them unravel how the fraud was perpetrated and who was involved.
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New York Seeks Millions in Tax From Lehman
August 4, 2009 -- New York Times
Lehman's other creditors may object if New York City, which claims that Lehman owes the city more than $600 million in back taxes, attempts to move ahead of other creditors, Stephen Selbst tells the New York Times.
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Can Offbeat Names Hurt Business?
August 3, 2009 -- SmartMoney's SmallBiz
Barry Werbin cautions entrepreneurs against using lewd names for their small businesses because, he says, U.S. trademark law prohibits registering marks that the general public would consider immoral or scandalous. Also, he reminds, landlords can reject tenants for any non-discriminatory reason.
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The Problems With Me, Inc.
August 3, 2009 -- SmartMoney's SmallBiz
In an article about eponymous small businesses, Barry Werbin says that selling a company with a trademarked name requires relinquishing the good will, or pleasant associations, that customers attach to brands or company names. Barry notes that in the U.S., a sale of a trademark without good will voids the mark if it's ever challenged in court.
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Ultra Stores Gets Green Light For Bankruptcy-Exit Plan
July 28, 2009 -- Dow Jones Daily Bankruptcy Review
Dow Jones Daily Bankruptcy Review notes that Josh Angel successfully guided Ultra Stores Inc., a retail jeweler, from Chapter 11 protection -- a rare example of a retailer that emerged from bankruptcy.
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BlackBerry's Speed Can't Outpace Sanctions
July 21, 2009 -- Law.com
Darren Traub's successful motion for sanctions in a matter where adversary counsel did not appear at a deposition that he had noticed is noted in Law.com, the New York Law Journal and National Law Journal.
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CIT Expects Loss of $1.5 Billion, May Seek Bankruptcy
July 21, 2009 -- Bloomberg News
CIT's acknowledgement in regulatory filings that it might have to seek bankruptcy protection despite an agreement with bondholders is to be expected because of securities regulations and concerns on the part of analysts, Rick Morris tells Bloomberg.
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Judge Rules Against Applebee’s Lease in Harlem Building
July 17, 2009 -- New York Times blog City Room
This story notes that we prevailed in a piece of real estate litigation on behalf of our client, National Black Theater, which sued to prevent the opening of an Applebee's franchise on a Harlem property that NBT co-owned with a partner. The partner leased the space to the franchise, and NBT sued to block it, claiming that the presence of an Applebee's would be inconsistent with NBT's cultural integrity and mission. Raymond Hannigan, lead attorney in the case, noted that the primary plaintiff died during the proceedings but would have been pleased that the court vindicated her position.
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Feds Cracking Down Too Hard on Fraudsters?
July 13, 2009 -- CNBC's The Call of the Wild
Steven Feldman tells a CNBC live audience that federal prosecutors are doing themselves -- and the criminal justice system -- a disservice by requesting such harsh, largely symbolic sentences for white collar criminals who turn themselves in, plead guilty, and, in some cases, assist the government in locating hidden assets.
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AP sources: Cubs exploring bankruptcy filing
July 13, 2009 -- The Associated Press
Paul Rubin says that if the Chicago Cubs seek bankruptcy protection, it would be to "cleanse the entity" so a buyer would be protected from successor liability issues, and if they don't, it's because they don't need to because they are operationally sound, without creditors "banging on the door."
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Commercial foreclosure rate triples this year
July 10, 2009 -- The Star-Ledger
Rising commercial foreclosure rates may not tell the entire story of the downturn in New Jersey's commercial real estate market, Gary Eisenberg says, adding that banks' attempts to patch together short-term solutions may be masking the real extent of the problems in the market.
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Selling Your Trademarked Name
July 9, 2009 -- SmartMoney.com
Barry Werbin analyzes the legal and business issues behind selling companies' trademarked names in this question-and-answer column.
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CPAs and Lawyers: Kindred Spirits?
July 9, 2009 -- NYSSCPA.ORG E-ZINE
Rick Morris is quoted -- and Steve Feldman and Gary Eisenberg mentioned -- in this story about how CPAs and attorneys face similar professional challenges and pressures, how their clients' needs and opportunities are similar, and how a recent meeting that offered CLE credit to attorneys and CPE credit to accountants covered that landscape.
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Dropping home values crunch credit lines
July 8, 2009 -- CNNMoney.com
Owners of small businesses should not tap into their 401(k) or other retirement accounts to fund their operations, Paul Gregory says in a story about how diminished home values have cut back on the ability of entrepreneurs to use their home equity to fuel their businesses.
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Bernard Madoff to hear sentence
June 29, 2009 -- Los Angeles Times
Steven Feldman analyzes what factors might sway the judge in determining the sentence for Bernard Madoff.
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Madoff Gets 150 Years
June 29, 2009 -- CNBC Reports
David Rosenfield analyzes what factors a judge considers when pronouncing sentence in a white collar criminal matter, in this live segment about Madoff's sentence.
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What 150 Years Means
June 29, 2009 -- Fox Business Channel
Steven Feldman, in a live segment shortly after Bernard Madoff was sentenced, analyzes why the sentence may deter other white collar criminal defendants from surrendering and cooperating with authorities.
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So You Want to Start a Tech Business
June 24, 2009 -- E-Commerce Times
Owners of tech start-ups should use their attorneys, accountants, bankers and financial advisors as conduits to equity and debt investment by angel and venture capital funds, Ed Stevenson says. Ed, chair of our venture capital and emerging growth company practice group, also suggests that owners join groups and associations that bring together investors and tech start-ups that need investment dollars.
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Victims Await Sentencing For Bernard Madoff
June 24, 2009 -- WCBS-TV
At a press conference where he announced that our firm filed seven new actions against the SEC, Howard Elisofon says the government should compensate Madoff victims because the SEC was negligent in how it investigated the fraud.
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Madoff Victims Seethe at SEC
June 24, 2009 -- MyFox Channel 5
At a press conference announcing that we had filed seven new actions against the SEC on behalf of Madoff victims, Howard Elisofon says that the government should be held accountable and compensate the victims as a result of the SEC's negligence.
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SEC rejects Madoff claim; investor may sue
June 24, 2009 -- Daily Finance
Our client, the Madoff victim Phyllis Molchatsky, has the right to sue the SEC now that the government has rejected her administrative claim, Howard Elisofon says.
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SEC Won't Cover Investor's $1.7M In Madoff Losses
June 24, 2009 -- Law360
The SEC's rejection of our administrative claim on behalf of our client, the Madoff victim Phyllis Molchatsky, gives her legal standing to file a federal lawsuit against the SEC, alleging negligence in how it investigated the fraud, Howard Elisofon says.
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Madoff Victims Express Anger at SEC
June 24, 2009 -- WNBC-TV
At a press conference announcing that the SEC had rejected our initial administrative claim on behalf of a Madoff victims and that our firm had filed seven new claims, Howard Elisofon describes why the government should be held liable for the SEC's actions.
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SEC rejects Madoff investor claim for damages
June 23, 2009 -- Reuters
The SEC rejected our administrative claim against the SEC on behalf of our client Phyllis Molchatsky, clearing the way for us to sue on her behalf in federal court. She is seeking money damages as recompense for what she lost with Bernard Madoff. The story also notes that we envision filing similar actions on behalf of other Madoff vicitims shortly.
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Demystifying Madoff: L.I. Fraud Victims Find Strength In Numbers
June 18, 2009 -- Long Island Press
The SEC's negligence caused much of the loss suffered by many Madoff victims, John Oleske tells a group of Long Island-based Madoff victims.
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A Pequot Postmortem: What is Headline Risk and How Can it be Avoided or Mitigated?
June 17, 2009 -- The Hedge Fund Law Report
Hedge funds with media-driven image problems -- even those where wrongdoing hasn't been proven or even formally alleged -- face the possibility of increased redemptions and difficulty in recruiting new investors and employees, Irwin Latner says. And unlike most corporations with "headline risk," hedge funds cannot or should not use traditional crisis management techniques, such as apologizing and releasing all relevant facts quickly, he points out.
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More financial fraud cases seen after US overhaul
June 17, 2009 -- Reuters
The proposed U.S. financial regulatory overhaul, which gives added power to the SEC and other regulators and which broadens definitions of misconduct by those in the financial services sector, will probably lead to more investigations and prosecutions, Steven Feldman says. The increased scrutiny and changed definitions of what constitutes violations will affect the criminal and civil litigation landscapes, he says.
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Hamilton hockey quest far from over for persistent RIM co-CEO Balsillie
June 17, 2009 -- The Canadian Press
The NHL's refusal to allow Research In Motion co-CEO Jim Balsillie to buy the Phoenix Coyotes and move them to Canada was all business -- nothing personal -- Matthew Pace says. Matthew reacts here to a bankruptcy judge's ruling that stymies Balsillie's plan and supports the league's position that it has a brand to protect and therefore should control who owns franchises and where they play.
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Judge Rules Against Balsillie's Bid To Buy, Relocate Coyotes
June 16, 2009 -- SportsBusiness Daily
Professional sports leagues will celebrate a bankruptcy court judge's ruling that the National Hockey League can restrict who owns its franchises and where they play -- even when the team is in bankruptcy -- Paul Rubin says. In the same story, which covers that ruling and the dispute between the NHL the Phoenix Coyotes over whether businessman Jim Balsillie can buy the team and move it to Canada, Matthew Pace says the ruling springs from the notion that leagues have a right to protect their brand by taking steps that preserve value for all franchises.
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Chambers USA: 2009 America's Leading Lawyers for Business
2009 -- Chambers USA
Susan Dwyer is recognized by Chambers USA as one of America's Leading Lawyers for Business in Product Liability for 2009. "“A great tactician and forward-thinker,” Susan Dwyer chairs the products liability group at Herrick, Feinstein LLP. She has made her name in national tire and car litigation."
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Battling Giants–An Attorney Takes On The SEC
June 9, 2009 -- www.madoff-help.com
In a section of the Madoff victims' website called "Meet The Pros," Howard Elisofon does a question-and-answer on our firm's work in clawback counsel and defense and on our action against the SEC on behalf of individual investors who lost money in the Madoff scam.
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Creativity Is The Key To Success
June 1, 2009 -- Mann on the Street
Herrick's bankruptcy practice is profiled in this cover story, focusing on the professional and personal creativity of the practitioners.
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Judge In Adelphia Bankruptcy Gets GM Chapter 11 Case
June 1, 2009 -- Dow Jones Daily Bankruptcy Review
Robert Gerber, the bankruptcy judge assigned to oversee General Motors' Chapter 11 filing, is a good choice for that complex matter, says Joshua Angel, noting that Judge Gerber was a successful bankruptcy practitioner who joined the bench at great financial sacrifice.
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Some developers use downturn to plot comeback
May 29, 2009 -- The Real Deal
Slowdowns in the commercial real estate market generally represent an ideal time for property owners to apply for special permitting -- zoning and otherwise -- that will make their portfolios more valuable when the markets heat up again, Mitchell Korbey says.
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How Supreme Nominee May Side in Industry Fee Case
May 28, 2009 -- Ignites.com
Judge Sonia Sotomayor, nominated for the Supreme Court, does not appear to be pro-business, Jason D'Angelo says, but she has decided cases for business defendants and appears to appreciate the issues that mutual funds face. That will be especially important as the Supreme Court decides an excessive-fee case.
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Breaking into the club: RIM boss Jim Balsillie is hell-bent on bringing another NHL team to Canada—even if it costs him his reputation
May 28, 2009 -- Macleans
Matthew Pace says that the major sports leagues will watch closely the outcome of the battle between the Phoenix Coyotes and the NHL over where the club will play and who will own it. Even though a prospective buyer wants to move the team to Canada, Matthew says that, in general, leagues have the right to decide where their franchises will play.
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Mega Companies: Bust 'Em Up to Create Value?
May 28, 2009 -- CNBC Reports
In a live segment, Gary Young analyzes why some mergers make sense, some break-ups of merged entities make sense, and why it is impossible to make blanket statements that merger or spin-off is the best way to create shareholder value.
Media Mention

Target Madoff
May 23, 2009 -- Fox News Channel
Therese Doherty discusses clawbacks, and our client Phyllis Molchatsky discusses her action against the SEC, in this one-hour documentary on the Bernard Madoff scandal.
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Obama's Chrysler Hold Up Sets Chilling Precedent
May 19, 2009 -- Fund Strategy
The Obama Administration's actions in the Chrysler bankruptcy -- essentially ignoring the wishes of secured creditors, contrary to bankruptcy law and precedent -- will have a chilling effect on lenders as they consider whether to lend to entities that might seek protection, Stephen Selbst says. Damage from the fallout may exceed benefit from the expedient handling of Chrysler's woes, he says in an article that was also printed in the publication Real Clear Markets.
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NHL draws line in the sand on Coyotes
May 13, 2009 -- The Hamilton Spectator
Paul Rubin analyzes the bankruptcy issues facing the Phoenix Coyotes and the National Hockey League.
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Whose franchise is it anyway? Much on the line as league, Balsillie face off over Coyotes
May 11, 2009 -- Sports Business Journal
Bankruptcy partner Paul Rubin analyzes the Phoenix Coyotes' request that a bankruptcy judge approve the sale of the team and authorize its proposed move to Ontario but concludes that on balance, the league is more likely to prevail in its dispute with the franchise over who will rule on who can own the team and where it can call home. Corporate/sports law attorney Matthew Pace says if the courts side with the franchise, it could give other teams incentive to declare bankruptcy to get out from under league control.
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Ruling Sanctions Attorney Who Used ‘Pretext’ to Cancel Deposition
May 11, 2009 -- The New York Law Journal
Scott Mollen and Darren Traub are mentioned in this front page article, which discusses their successful sanctions motion in the Federal District Court (S.D.).
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NHL, Team in Bankruptcy Showdown
May 7, 2009 -- The Wall Street Journal
The creditors of the bankrupt Phoenix Coyotes -- including the current owner -- could prevail over the National Hockey League and its bylaws in a court battle over who will chart the franchise's future, Stephen Selbst says. Although the league generally controls who may own a team and strongly influence where it is located, creditors and bankruptcy judges keep an eye on enlarging the bankruptcy estate, he says.
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Associate Movers
May 6, 2009 -- The National Law Journal
The National Law Journal, in its Associate Movers column, notes that Marisa Leto joins Herrick as a litigation associate, coming over from Weil, Gotshal & Manges.
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Associate Movers
May 6, 2009 -- The National Law Journal
This item notes that Ross L. Hirsch and Hanh V. Huynh have joined Herrick in, respectively, the litigation and bankruptcy-restructuring groups.
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Victim Assistance: A novel legal complaint against the SEC could win Madoff victims a government bailout -- and a backlash from taxpayers
May 2009 -- NYinc
In the inaugural issue of this publication, Howard Elisofon and our client Phyllis Molchatsky discuss why they have commenced an action against the SEC to recover money lost in the Madoff swindle.
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Making (Some) Sense of the Chrysler Bankrutpcy Filing
April 30, 2009 -- Wall Street Journal Law Blog
Stephen Selbst analyzes the legal, political and business angles surrounding Chrysler's filing for Chapter 11 protection.
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Chrysler Goes Bankrupt
April 30, 2009 -- CNBC Reports
In a live segment on a panel that also included a Wall Street analyst and two prominent journalists, Stephen Selbst analyzes the legal, business and political layers of Chrysler's Chapter 11 filing. He says that Chrysler will emerge but in far longer than the 30 or 60 days the company -- and the Obama Administration -- hope. He also points out that hedge funds that are creditors will seek a better deal on the debt they hold than the administration was offering.
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Lawyers: Madoff Investors Could Face Legal Action
April 23, 2009 -- Newsday.com
Howard Elisofon is quoted in this article about how some Madoff investors who received false profits could face legal action aimed at taking back money they withdrew before the Ponzi scheme was uncovered.
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Madoff Strikes Again
April 23, 2009 -- CNBC
Howard Elisofon appears live to discuss the clawback letters that the SIPC trustee began sending to Madoff victims last Friday.
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Trustee Seeking Return Of Withdrawn Funds
April 22, 2009 -- The Wall Street Journal
Howard Elisofon is quoted in this article about the request for Madoff investors to return money they withdrew in the six years before Madoff’s firm collapsed. Howard notes that this is an insensitive request since many lost more money from the fraud than they took out.
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Chattanooga: Bensusan Hires New Legal Team for Prebul Battle
April 21, 2009 -- The Chattanooga Times
Bill Fried is quoted in this article about Danny Bensusan’s choice to replace his legal team with Herrick and a firm in Nashville to handle his lawsuit against his brother-in-law.
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Hicks Sports Group’s Problems Date to Last Summer
April 20, 2009 -- Sports Business Journal
Irwin Kishner is quoted in this article about how the Office of the Comptroller of the Currency, before the credit markets imploded, downgraded the debt carried by Hicks Sports Group, signaling that the problems at the financially troubled company predated last month’s loan default.
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Business triage: Kill what’s ailing
April 14, 2009 -- CNNMoney.com
Owners of businesses with multiple locations should form each location as its own entity, Edward Stevenson says in this small business advice column. Failing that, if several outposts are ailing and one is healthy, the owner should try to minimize or restructure the debt load, test the market to see if any of the flagging stores can be sold, and consider seeking bankruptcy protection.
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Investors continue with plan to force Madoff into bankruptcy
April 14, 2009 -- USA Today
Creditors' attempts to force Bernard Madoff into bankruptcy against the wishes of the Department of Justice and court-appointed trustee would give indirect investors -- those who invested through feeder funds -- "a central legal forum" they lack otherwise, Stephen Selbst says. He cautions, however, that the on-going criminal investigation may delay a new bankruptcy trustee while prosecutors decide whether to turn over records.
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Business triage: Kill what’s ailing
April 14, 2009 -- MSN Money
Edward Stevenson offers thoughts in this Q&A to an owner of three retail establishments, two of which are failing and one is healthy. The owner should see if creditors will reduce the liabilities or work out a payment plan, see if any of the outlets can be sold, consider Chapter 11 and, if so, structuring properly -- each store as its own corporate entity -- if the business emerges.
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NFL owners OK opt-out of pension plans
April 13, 2009 -- Sports Business Journal
The National Football League joined mainstream Corporate America when it recently decided to allow teams to cease offering pensions to non-player employees, Gary Young says. The league was an anachronism in offering the pensions, with only government and union employees -- plus those of a few bloated companies, such as GM -- enjoying pension plans.
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Sunwest's distress is boon to some: Restructuring effort may bring more than $15 million in fees for lawyers, business consultants
April 13, 2009 -- Oregon Statesman Journal
Secured creditors, such as banks, dislike the uncertainty of Chapter 11 filings and lack the patience to wait for a protracted turnaround. Stephen Selbst tells Oregon's largest newspaper, which is reporting on that state's largest bankruptcy. Further, Selbst says, creditors resent the increasingly high professional fees, viewing it as money properly due them.
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Only Cautious Optimism from Mark-to-Market Rule Changes
April 9, 2009 -- Multi-Family Executive
Changes to mark-to-market rules of the Financial Accounting Standards Board (FASB) will loosen liquidity and credit somewhat -- but hardly absolutely -- in multi-family projects, Neil Shapiro says. "It solves some problems, but it doesn't change banks overnight from having zero liquidity to being cash-rich. This brings things from the brink of insolvency back towards the middle where things are merely OK," he says.
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Brokers vs. developers: battling it out in court: Corcoran Sunshine and Five Franklin Place in latest legal standoff over struggling condo
April 2009 -- The Real Deal
In an article about an increase in litigation between brokers and condo developers, Scott Mollen notes that more lawsuits are filed during economic downturns than in more prosperous times.
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Relying on receivers again: As more properties default, court-appointed guardians take over buildings
April 2009 -- The Real Deal
In a story about a marked increase in courts' appointing receivers and trustees on troubled real estate projects, Chris Sullivan says the difference between this downturn and the last recession is that the market now is seeing more unfinished construction projects, whose viability is threatened absent a trustee.
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Blurring Of Once-Bright Lines
April 2009 -- Real Estate Forum Page 33)
Lenders are not moving precipitously to foreclose on commercial properties despite their fears about bankruptcies and the overall economy, Gary Eisenberg says in this story about how commercial loans written in 2002 -- at neither the top nor bottom of a market, but at loan-to-value ratios below today's norm of 65 percent -- are coming due now. Gary notes that only good special servicers -- generally those who were around during the RTC era -- can tell the difference between a good borrower who fell behind and a bad borrower who thinks he has an inalienable right to property in default.
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GM & Bankruptcy
March 31, 2009 -- CNBC Reports
Stephen Selbst tells a live network audience why bankuptcy for General Motors now makes sense.
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Morgan Stanley to pay $7 million in penalties
March 25, 2009 -- The Associated Press
Howard Elisofon is quoted in a story about FINRA's settlement with both Morgan Stanley and our client -- a branch manager at the brokerage -- of regulatory charges that both failed to supervise brokers.
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Morgan Stanley Settles Claim Brokers Misled Retirees
March 25, 2009 -- Bloomberg News
Howard Elisofon is quoted regarding FINRA's settlement of regulatory charges against our client -- a branch manager for a major brokerage -- that he failed to supervise brokers in his branch office.
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M. Stanley to pay $7.2 mln for misleading retirees
March 25, 2009 -- Reuters
Howard Elisofon discusses FINRA's settlement with our client, a Morgan Stanley branch manager who had faced regulatory charges of failure to supervise brokers.
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Name That Dog Park: Suffolk Courts Deals for Cash
March 22, 2009 -- New York Times
In a story about one county's plan to sell naming rights to its parks and beaches, Matthew Pace says government's need for money, people's need for free recreation, and advertisers' needs to reach consumers in non-traditional ways make the plan logical. He cautions, however, that advertisers' images and the facilities' images must mesh well and that government should reserve the right to strike deals if scandal hits the advertiser.
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It's a Good Time to Hunt for Office Space in Manhattan
March 22, 2009 -- WNYC
In this radio spot on the local NPR affiliate, Richard Brown describes how increased availability of sublease space in Manhattan helps prospective tenants find inexpensive space but hurts property owners, who are competing with their own tenants to fill space.
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Should the Gov't Bailout Madoff Victims?
March 17, 2009 -- CNBC's The Call
Therese Doherty advocates for government compensation for Madoff victims, in the form of tax relief, direct payments, or establishment of a victims' compensation fund, in this live debate.
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Week in Review
March 13, 2009 -- The Jewish Channel
The Jewish Channel's "Week in Review" features a segment on the Goudstikker Exhibition at the Jewish Museum. Larry Kaye and Herrick clients Marei and Charlene von Saher are interviewed.
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'Sorry' is not enough, Madoff's victims say
March 13, 2009 -- Los Angeles Times
Steven Feldman questions whether Bernard Madoff hid significant assets outside the country. Had he done so, Steven reasons, he would have retired to a foreign jurisdiction that has no extradition treaty with the United States, rather than to Florida.
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Madoff's Massive Fraud
March 12, 2009 -- CNBC's Power Lunch
Steven Feldman discusses bail issues, possible further targets of investigations, the tactics and strategies of prosecutors and defense counsel, and tracing the sources of relatives' assets as Bernard Madoff pleads guilty to criminal charges.
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Madoff's Guilty Plea to All Eleven Counts
March 12, 2009 -- CNBC's Power Lunch
On the day Bernard Madoff pleads guilty to a variety of criminal offenses, Steven Feldman discusses Madoff's likely sentence and his possible quality of life in jail and prison.
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Madoff's Guilty Plea and Jail Time
March 12, 2009 -- CNBC's Power Lunch
Steven Feldman analyzes the SEC's role and missteps in the Madoff fraud.
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When will bad bankers go to jail?
March 12, 2009 -- MSN Money
Steven Feldman says that federal prosecutors -- particularly in the Southern District of New York, where he was an Assistant United States Attorney working on securities and commodoties fraud cases -- are busy investigating cases and bringing charges. He made his comments in a column that notes that securities fraud and banking prosecutions tend to take time and are likely on the way.
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Madoff Hearing Underway
March 12, 2009 -- CNBC's Squawk On The Street
David Rosenfield gives a live overview of the criminal case against Madoff as his plea hearing begins.
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Too Late for Madoff to be Sorry
March 12, 2009 -- CNBC's Squawk On The Street
David Rosenfield opines that Madoff's mea culpa before the federal judge handling his criminal case will not lessen his eventual sentence.
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Madoff Admits to Ponzi Scheme
March 12, 2009 -- CNBC's Squawk Box
David Rosenfield weighs in on Madoff's likely lifetime incarceration and other aspects of the criminal case against him in a live segment from CNBC's set at the New York Stock Exchange.
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Madoff Guilty Plea
March 12, 2009 -- CNBC's Squawk On The Street
As Madoff pleads guilty at the nearby federal courthouse, David Rosenfield gives live analysis of a number of facets of the criminal case against him.
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Lewis on Banking Recovery
March 12, 2009 -- CNBC's Power Lunch
Steven Feldman opines that the SEC dropped the ball in investigating Bernard Madoff and notes that our firm has commenced an action against the commission on behalf of a client who was a Madoff victim. Fast forward to 6:25 to see Feldman's analysis.
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Madoff Pleads Guilty
March 12, 2009 -- Fox News Channel's Fox & Friends
Howard Elisofon and our client, Phyllis Molchatsky, a Madoff victim, discuss her action against the SEC and her feelings about Madoff and how he victimized so many people.
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Madoff to plead guilty, his lawyer says
March 11, 2009 -- Los Angeles Times
As Bernard Madoff contemplates pleading guilty, Steven Feldman analyzes the likelihood that the judge will continue Madoff's bail pending sentencing.
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U.S. museum exhibits Old Master art looted by Nazis
March 10, 2009 -- Reuters
Larry Kaye tells Reuters that the majority of paintings once owned by Jacques Goudstikker is unaccounted for, although some 200 have been returned to his heirs. Kaye makes his remarks in Reuters story that notes that nearly 50 paintings by the Dutch Old Masters that were seized by the Nazis during World War II will be on display at the Jewish Museum in New York.
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Spotlight
March 9, 2009 -- CNN Headline News
Howard Elisofon and our client, Phyllis Molchatsky, appear live to discuss the Madoff case and Phyllis' complaint against the SEC in which she hopes to recover money she lost.
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Prosecutors indicate Bernard Madoff plea deal may be in works
March 7, 2009 -- Los Angeles Times
Amid speculation that Bernard Madoff was going to plead guilty to charges stemming from his fraud, Steven Feldman analyzes the process and the tactics employed by prosecutors and defense counsel.
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Madoff Plea Deal
March 6, 2009 -- CNBC Reports
David Rosenfield tells CNBC viewers why a plea deal in the Madoff case is likely and what a plea would mean to all parties.
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Madoff clients' lawsuits look to others for recompense
March 4, 2009 -- USA Today
Howard Elisofon and our client Phyllis Molchatsky discuss why we filed an action against the SEC in the Madoff matter.
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Daughter joins Gabelli's board, raising new questions
March 3, 2009 -- The Journal News
Louis Goldberg analyzes why a daughter joining the board of directors of a public company controlled largely by her father is legally and ethically sound, as long as the company discloses the relationship and meets all other relevant requirements as to composition of the board. Louis notes that many Fortune 500 companies are essentially family businesses, with familial relationships among officers and directors.
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How to Manage an Inherited Business
March 3, 2009 -- CNNMoney
Brian Raftery stresses the importance of succession planning for small business owners in “How to Manage an Inherited Business.”
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How to manage an inherited business: When an entrepreneur dies, loved ones are forced to make tough decisions
March 3, 2009 -- CNNMoney.com
Brian Raftery advises that owners of small businesses have wills and succession plans in place long before they anticipate needing them, to avoid a hurried and possibly unsatisfactory forced succession plan if the owner dies without having planned properly. This is particularly true, he notes, in some jurisdictions that do not automatically transfer the business to the surviving spouse when there are children.
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Lawyers wrangle as market slides
March 2009 -- The Real Deal
Douglas Heller discusses the state of the real estate industry -- and of the legal profession as it relates to the real estate industry -- in a Q&A. He notes that transactions have slowed, but workouts -- and strategic advice and planning -- are keeping attorneys busy.
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Twenty Top Shows
March 1, 2009 -- Artnet
The Herrick-sponsored exhibit “Reclaimed: Paintings from the Collection of Jacques Goudstikker” at the Jewish Museum is featured in the article.
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Bankruptcy Practice Gains Prominence Amid Financial Crisis
February 27, 2009 -- Dow Jones Newswire's Daily Bankruptcy Review
Joshua Angel is quoted on why, in relatively recent times, the practice of bankruptcy law has become more highly regarded in the legal and corporate worlds. The sophistication of the cases and their multi-disciplinary nature has elevated them to prominence, Josh says.
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Stepping Up to the Plate
February 27, 2009 -- The New York Post
This article describes the diversity of upscale restaurants and concession stands that will be available at the new Mets and Yankees stadiums. Although Herrick is not mentioned, we represented the New York Yankees in two separate joint ventures with the Hard Rock Café and a “NY Steak” prime steakhouse restaurant.
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Chernin's Reel Deal
February 24, 2009 -- CNBC's Closing Bell
In a live segment opposite a major shareholder, Carol Goodman analyzes the package that News Corp's No. 2 executive will receive upon leaving the company. Carol acknowledges that the raw numbers are robust but notes that the deal was made in a far better economy and that News Corp received great value from his services.
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R. Allen Stanford Still Not Charged
February 19, 2009 -- CNBC
In a live appearance, Therese Doherty explains that investors need to do their own due dilligence and not count on the SEC to protect them fully.
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Madoff’s Victims are Mad, Mad, Mad But Do They Have a Right To Be?
February 6, 2009 -- Wall Street Journal Law Blog
Stephen Selbst weighs whether Irving Picard, the Madoff bankruptcy trustee, acted properly in releasing the names of Madoff's victims. Although he understands that victims will not be pleased to be named publicly, Stephen notes that the bankruptcy code encourages openness in such matters because it sometimes can help trustees find more money to enlarge the pot of money from which restitution will be made.
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3rd Circ. Holds Lucent As Insider In Winstar's Demise
February 5, 2009 -- Law360
David King discusses the Third Circuit's favorable finding in the WinStar bankruptcy matter.
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Bullies, Beware
February 4, 2009 -- Wall Street Journal Bankruptcy Blog
Stephen Rathkopf discusses what led to -- and what results from -- the Third Circuit's finding in the WinStar bankruptcy matter, a huge success for our client.
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A Nice, Staid Corner of Real Estate: Medical Offices
January 28, 2009 -- New York Times
Neil Shapiro, who heads our health care finance practice and routinely represents buyers and sellers of medical office buildings, says the sales-investment market for that product is far healthier than for other kinds of commercial real estate. Investors, lenders, developers and tenants perceive healthy leverage in medical office buildings, which results in better deal flow in that market, he says.
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NY Investment Exec Charged In $370M Ponzi Scheme
January 28, 2009 -- Securities Law 360
This story about the arrest of Nicholas Cosmo for allegedly running a Ponzi scheme on Long Island notes that Arthur Jakoby and Steven Feldman represent Cosmo and arranged for his voluntary surrender to authorities.
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Court papers detail Nicholas Cosmo's life, businesses
January 28, 2009 -- Newsday
This story notes that Arthur Jakoby and Steven Feldman represent Nicholas Cosmo, who was charged with running a Ponzi scheme on Long Island.
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Cosmo Surrenders, Faces Mail-Fraud Charge in Alleged Scheme
January 27, 2009 -- Bloomberg News
This wire story, which was picked up in numerous publications nationally, notes that Arthur Jakoby and Steven Feldman represent Nicholas Cosmo, who was charged with running a Ponzi scheme on Long Island. The Herrick attorneys arranged for Cosmo's voluntary surrender to authorities.
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Caped Crusaders of the Courts: Top N.J. judges lift ban on advertising ‘Super Lawyer’ status
January 26, 2009 -- NJBiz
Rachel Engelstein analyzes the pros and cons of a recent New Jersey Supreme Court ruling that allows law firms to include in their advertising and marketing that they were named by magazines to elite lists of attorneys.
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Private equity's bad bet on retail
January 25, 2009 -- The Record of Hackensack
Gary Eisenberg identifies a perfect storm among retailers that sold to private equity firms: retailers that went private incurred more debt and need robust sales and cash flow to meet the debt service, all at a time when an overall economic slowdown has caused diminished retail sales activity. The likely result, Eisenberg predicts: more bankruptcies among retailers.
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New City woman targets SEC for Madoff loss
January 23, 2009 -- The Journal News
Howard Elisofon discusses the etiology and legal basis for our complaint against the SEC on behalf of a Madoff victim, who appears on video in the newspaper's on-line version.
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Victim: Madoff took 'all my money'
January 22, 2009 -- MSN Money
Howard Elisofon is quoted at length -- and appears in two video clips -- in this multi-media story about our client Phyllis Molchatsky, the first Madoff victim to commence an action against the SEC.
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Madoff Trustee Picard May Take Five Years to Pay Back Investors
January 21, 2009 -- Bloomberg News
Joshua Angel discusses the proclivities of Irving Picard -- the court-appointed trustee in the Madoff bankruptcy -- and how they may affect his work on behalf of victims.
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Feds put Madoff victims on hot seat
January 15, 2009 -- Crain's New York Daily Alert
Howard Elisofon warns that Madoff victims who redeemed principal and are considering applying for SIPC coverage may be giving the court-appointed trustee a road map to suing them to claw back the redemptions.
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Defaults pummel real estate sector
January 14, 2009 -- The Record of Hackensack
Scott Tross acknowledges that 2009 figures to be a difficult year for commercial real estate owners with loans on their properties, with defaults and foreclosures rising and expected to go higher. Tross, who has a book credential on this topic, notes, however, that lenders are more apt to consider workouts than in past commercial real estate downturns.
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The President and His BlackBerry: Much Ado About Something?
January 14, 2009 -- E-Commerce Times
Ronald Levine applies the advice he gives his corporate clients about the possible dangers of blackberry use to President-elect Obama's well-chronicled affinity for using his blackberry.
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Madoff Leaves NYC Apartment
January 14, 2009 -- CNBC's Power Lunch
In a lengthy live segment, Steven Feldman analyzes why federal law indicates that Bernard Madoff should remain free on bail, despite the severity of the crime with which he is charged.
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Court refuses to jail Madoff for alleged bail violation
January 13, 2009 -- Los Angeles Times
Steven Feldman argues that bail is not designed to punish defendants, but only to ensure their appearance in court and that they do not pose a threat to the community, in this article about the bail-or-jail debate in the Madoff case.
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Recession-Era Juries a Hurdle for Business: Jurors who relate to the unemployed may be set to 'hammer' employers
January 13, 2009 -- The National Law Journal
Mara Levin says that despite sympathy for the unemployed, recession-era juries will be at least equally sympathetic to the plight of employers in wrongful discharge cases, knowing that many companies are suffering.
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Madoff Saga Continues
January 12, 2009 -- CNBC Reports
In a live broadcast, Steven Feldman debates a plaintiff-side securities lawyer -- and the anchor -- over whether Bernard Madoff's bail should be revoked. Feldman points out that bail is not meant to punish defendants, only to ensure that they appear in court and cannot harm the public.
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Retail condos lose their luster: The coming deluge
January 12 - 18, 2009 -- Crain's New York Business
Neil Shapiro notes that Herrick has initiated four deals in as many months involving landlords and developers who are reluctantly selling retail condos because their banks and mezz lenders are pressuring them to raise capital.
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Lifting the Lid-Madoff clients fear getting shut out of refunds
January 8, 2009 -- Reuters
Howard Elisofon analyzes the hurdles that some Madoff victims may face as they seek redress from SIPC, and some strategies that might help them get relief.
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Lawyer says Madoff cooperating with U.S. probes
January 6, 2009 -- Reuters
Steven Feldman tells Reuters that the government's attempt to revoke Bernard Madoff's bail may be a sign that his cooperation in the investigation of his alleged fraud may be waning, but that bail should be continued unless the government can show that he's a flight risk or danger to the community.
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Prosecutor: Madoff gifts included diamond necklace
January 6, 2009 -- USA Today
David Rosenfield tells USA Today that bail in federal criminal cases is to prevent defendants from fleeing or causing harm to the community, and that, by those standards, Madoff seems to be a candidate for bail, notwithstanding the public outcry against it.
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Retiree announces intention to sue SEC for not uncovering alleged Madoff scam
January 5, 2009 -- IA Week
Our action against the SEC on behalf of a client who lost money in the Madoff fraud is noted in this story.
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Madoff Investor Files Administrative Claim Against SEC Seeking $1.7 Million Damages
January 5, 2009 -- BNA Securities Regulation & Law Report
This story, reprised in two sister publications, notes that our client was the first victim of Bernard Madoff's fraud to commence an action against the SEC.
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Congress Probes SEC
January 5, 2009 -- CNBC Reports
David Rosenfield live, alongside former SEC Chairman Harvey Pitt, analyzes the SEC's failure to uncover the Madoff scheme.
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The Madoff Agenda
December 31, 2008 -- CNBC's Power Lunch
David Rosenfield, in a live appearance during the trading day, analyzes which of Madoff's victims will have access to relief from SIPC, Madoff's likely disclosures to federal authorities about his remaining assets, whether he likely acted alone, and whether an insanity defense might fly.
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Madoff & His Hidden Money
December 30, 2008 -- CNBC Reports
David Rosenfield appears in a live, prime-time segment discussing Herrick, Feinstein's lawsuit against the SEC over its failure to adequately investigate the Madoff Ponzi scheme, what the litigation landscape may look like, and other Madoff-related topics.
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2 More Investor Class Actions Filed In Madoff Case
December 29, 2008 -- Securities Law 360
This story notes that we were the first law firm to commence an action against the SEC on behalf of a victim of the Bernard Madoff fraud.
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Market's ripe for flimflams, broker scams
December 28, 2008 -- The Star-Ledger
Arthur Jakoby discusses how rogue securities brokers who repeatedly thwart regulators' attempts to reign them in pose a danger to legitimate investors. He notes this phenomenon in an article about a longtime New Jersey swindler and how difficult economic times breed financial misdeeds.
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Madoff Litigation Mounts
December 24, 2008 -- Fox Business Channel
In a live segment, Howard Elisofon describes our action against the SEC on behalf of a client who lost her life savings in the Madoff affair. Howard discusses sovereign immunity, why we believe our claim against the SEC can trump that likely defense, tax issues that Madoff's victims face and the possibility of the court-appointed receiver's seeking claw-back disgorgements.
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CRE Clarifies Its Fed Request
December 23, 2008 -- GlobeSt.com
Elizabeth Holtzman analyzes the obstacles that commercial real estate entities might face -- and how they might overcome them -- as they seek federal rescue money to prop up their flagging industry.
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Blame the Government? N.Y. woman suing SEC for losses in Madoff scheme
December 23, 2008 -- Fox News Channel
Howard Elisofon explains why our client is making a claim against the SEC and why, he believes, the claim can pierce the cloak of sovereign immunity.
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Madoff Victim Sues SEC
December 23, 2008 -- CNBC's Power Lunch
Howard Elisofon describes our action against the SEC on behalf of a client who lost money she had invested with Bernard Madoff's funds. He analyzes why -- despite sovereign immunity -- he believes the SEC is vulnerable here.
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New York investor sues SEC over losses in Madoff fund
December 23, 2008 -- Bloomberg News
Howard Elisofon explains why we commenced an action against the SEC on behalf of our client, an investor who was nearly wiped out in the Madoff affair. He discusses why the SEC is potentially liable for money damages despite its likely claim of sovereign immunity.
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Investor tries to hold SEC liable for Madoff losses
December 23, 2008 -- Reuters
In a story picked up nationally and internationally, Howard Elisofon explains why we commenced an action against the SEC on behalf of our client whose life savings were nearly wiped out in a fraud allegedly perpetrated by Bernard Madoff. Howard discusses the government's likely defense of sovereign immunity and explains why we view the SEC as potentially liable for money damages.
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Investor Who Lost Money in Alleged Scheme Seeks Relief From SEC
December 23, 2008 -- The Wall Street Journal
Howard Elisofon announces that we are the first law firm to commence an action against the SEC on behalf of a victim who lost money in the fraud allegedly perpetrated by Bernard Madoff. Howard discusses the government's likely claim of sovereign immunity and our belief that the SEC's actions leave it liable for money damages for failing to detect or contain the fraud.
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Suing the Hedge Funds
December 22, 2008 -- CNBC's Power Lunch
In a live segment, Therese Doherty argues that hedge funds, financial advisors and other intermediaries are not necessarily liable for investors' losses in the Madoff matter because they appear to have met the industry's standard of care.
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MassMutual Burned by Madoff
December 22, 2008 -- The Wall Street Journal
Irwin Latner is quoted regarding MassMutual's investments with Bernie Madoff through Tremont Group Holdings, Inc.
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Madoff: Bail or Jail?
December 18, 2008 -- CNBC's Power Lunch
Steven Feldman argues that despite public outcry, Bernard Madoff was properly granted bail because he is neither a flight risk nor a danger to the community. Feldman notes that laws regarding bail proscribe using it as punishment and require judges to use the least restrictive means possible to ensure defendants' appearance in court.
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Madoff Comes Out of Hiding
December 17, 2008 -- CNBC Reports
Steven Feldman argues that bail was appropriate for securities fraud defendant Bernard Madoff because he is neither a flight risk nor a danger to the community.
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Madoff's Many Victims?
December 16, 2008 -- CNBC Reports
Appearing live, Therese Doherty discusses the SEC's role in investigating alleged frauds such as the one that Bernard Madoff is accused of perpetrating.
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Suggestions for quashing cash-flow problems early: Quick, effective action becomes even more critical during a downturn
December 8, 2008 -- Crain's New York Business
Joshua Angel says few businesses that file for Chapter 11 protection emerge in their original form, making it crucial that they recognize and deal with cash-flow problems early.
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Why Chicago Cubs Are Not "Part" Of Tribune Bankruptcy
December 8, 2008 -- CNBC's blog Sports Biz
Paul Rubin tells on-air business-of-sports reporter Darren Rovell, who also blogs on that topic, that a parent corporation can file for bankruptcy without the subsidiary filing. Rovell was examining The Tribune Company's Chapter 11 filing and wondering how the Tribune-owned Chicago Cubs (and their home ballpark, Wrigley Field) could be excluded from the bankruptcy filing and still be for sale.
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Gov. blasts all-male slate for chief judge
December 3, 2008 -- Crain's New York Daily Alert
Elizabeth Holtzman supports Governor Paterson for criticizing a nominating commission that did not include any women on its seven-person list of possible candidates for chief judge of the Court of Appeals. State law requires the governor to choose a chief judge from among those nominated by the commission, and the governor -- and Liz -- expressed dismay that the commission did not include any women.
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Consumer Goods Companies Push Ch 11 Filings Above 1,000
December 3, 2008 -- Dow Jones Newswire
Joshua Angel says that a "triple whammy" is plaguing retailers and consumer goods companies, making them prominent among kinds of companies that have filed recently for Chapter 11 protection. Retailers have lost the confidence of secured lenders and trade suppliers, and customers, who could otherwise bail them out, are "on strike," he says.
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Linens leaves ripple of concern
December 3, 2008 -- The Record of Hackensack
Scott Tross, who represents the special servicer administering a mortgage-backed security containing the mortgage on a New Jersey property where bankrupt Linens 'N' Things is a tenant, says that unless the property owner can find a new tenant, the landlord might default on its mortgage.
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Big Surprise, Recession Official
December 2, 2008 -- GlobeSt.com
John St. Jeanos says the official proclamation that we have been in recession for a year will do little to affect liquidity in the commercial real estate market because that announcement merely makes official what people in the industry have known for some time. Predictions of recession or a real-time sense of recession would hurt liquidity, but a statement of the obvious does not, he says.
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Section 1045: Deferring Capital Gains on the Sale of Qualified Small Business Stock
Winter 2008 -- Micro-Cap Review
Mike Kessel is featured as a specialist in the “Ask the Tax Guys” section.
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The luck of Gluck: In high-profile case, near-default of Riverton may not burn developer
December 2008 -- The Real Deal
Scott Mollen notes that owners and lenders paid robust prices and liberally underwrote deals, respectively, on multi-family properties. In some cases, those strategies worked to the ultimate detriment of the owners and lenders.
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Tenants say 'see you later'; Situation for office landlords grim as lease-breaking on the rise
December 2008 -- The Real Deal
Benjamin Kursman says that corporate office tenants who saw their businesses shrink shortly after signing a new lease are more prone to leave the space if they paid a security deposit but have few assets. Companies that provided full guarantees are likelier to stay, he says.
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Chewing Over a Big Three Chapter 11 Filing
December 1, 2008 -- Wall Street Journal Law Blog
Stephen Selbst discusses the difficulties that Big Three automakers would encounter if they file for Chapter 11 protection. He discusses the different agendas that companies have when they file for bankruptcy -- reorganization versus liquidation -- and how Chapter 11 would affect Chrysler, GM and Ford.
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Meltdown far from over, new mortgage crisis looms
November 27, 2008 -- The Associated Press
Scott Tross predicts that mortgage woes will spread from the residential market to commercial, and that all parties in commercial mortgages will feel the pain.
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General Growth mortgage deadline approaches
November 27, 2008 -- Reuters
Gary Eisenberg acknowledges that mall owner General Growth Properties might not avoid bankruptcy even if it negotiates extensions of loans about to come due, but cautions that in this environment, nothing is inevitable.
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Multifamily Benefits in TARP’s Latest Twist
November 26, 2008 -- GlobeSt.com
Neil Shapiro opines that the Fed's decision to buy up to $100 billion of debt issued by Fannie Mae, Freddie Mac and the Federal Home Loan Banks and as much as $500 billion of mortgage securities backed by Fannie Mae, Freddie Mac, and Ginnie Mae will result in a short-term reduction in spreads on these obligations but not necessarily increase private investors' confidence.
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Virtual Worlds: It's a Legal Jungle in There
November 26, 2008 -- E-Commerce Times
Steven Feldman notes that virtual worlds such as Second Life could be breeding grounds for securities fraud, with people using avatars to spread insider information or perpetrate pump-and-dump schemes. He analyzes how defense attorneys are likely to neutralize prosecutions of fraud.
Media Mention

Negotiating Your Severance Package
November 24, 2008 -- ExecuNet's CareerSmart Advisor
Carol Goodman is quoted on the best ways for executives to negotiate severance packages.
Media Mention

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Global Retail Figures Tease, Fall Expected
November 21, 2008 -- GlobeSt.com
Andrew Gold analyzes changes in the economic climate since the end of the third fiscal quarter, and how those changes augur poorly for the health of shopping malls.
Media Mention

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Attorney Hire Might Save GGP’s Hide
November 20, 2008 -- GlobeSt.com
Andrew Gold is quoted on the likelihood that General Growth Properties -- a mall REIT -- will have to seek bankruptcy protection because of mounting debts and limited assets. He says that if GGP files under Chapter 11, it may be the first of several mall owners to do so.
Media Mention

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Hudson River Park Board Weighs Proposals for 15th Street Pier Development
November 19, 2008 -- The New York Times
This story notes that our client, Youngwoo & Associates, is proposing a $191 million pier project at the western terminus of 15th Street in Chelsea. The proposal includes a new home for a major auction house, a contemporary cultural center consisting of art galleries and concert space, public access to the waterfront, and a large public market similar to Seattle's Pike Place.
Media Mention

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What if GM goes broke?
November 19, 2008 -- MSN Money
Stephen Selbst is quoted on the possible impacts of a bankruptcy filing by General Motors, including diminution of wages and pension payments.
Media Mention

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Some local auto dealers urge lawmakers to rescue industry
November 14, 2008 -- The Boston Globe
In this story about New England-based auto dealers lobbying lawmakers to rescue the auto manufacturing industry, Stephen Selbst opines that each of the Big 3 has too many dealerships. He predicts that larger auto dealerships will survive but smaller ones will perish.
Media Mention

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Wyeth admits to racial comment but wants lawsuit tossed
November 12, 2008 -- The Journal News
Carol Goodman notes here that courts generally do not find that a single offensive comment meets the standard for a hostile work environment. She is quoted as saying that for plaintiffs to prevail in discrimination suits, they generally must show that the company's actions interfered with their job performance.
Media Mention

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Automakers & Bankruptcy
November 11, 2008 -- CNBC Reports
Stephen Selbst is part of a live, primetime panel analyzing what bankruptcy would mean to the Big 3 American automakers and the ancillary industries that supply them. He touches on the need for a government rescue package, possible job loss, ERISA/pension issues, historical perspective, consumer confidence and warranties.
Media Mention

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Required: Empathy and Kleenex
November 9, 2008 -- New York Times
In this Fresh Starts column in the Sunday business section, Stephen Selbst examines the restructuring and workout job market for people laid off from financial services positions. He notes that professionals who put together the real estate finance deals that ultimately failed but understand collateral, and M&A bankers who have negotiating and deal-making skills, are best suited for the transition.
Media Mention

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Garcia Takes Spitzer Off Hook; SDNY Will Not Seek Charges
November 6, 2008 -- WSJ.com -- The Wall Street Journal Online
Steven Feldman is quoted on the likely reasons that the U.S.Attorney for the Southern District publicly cleared Elliot Spitzer of criminal wrongdoing, announcing that he would not charge the former governor under the Mann Act. Steven notes that an average citizen would not be publicly cleared but that the U.S. Attorney, a Bush appointee, apparently wanted to tie up loose ends before both leave office in January.
Media Mention

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Retail rent drops offset by concessions
November 5, 2008 -- The Real Deal.com
Jonathan Adelsberg opines on the findings of an industry report on Manhattan retail rents and notes that there can be a large delta between asking rents and taking rents.
Media Mention

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Work by Kazimir Malevich Sold for Record $60 Million
November 4, 2008 -- The International Herald Tribune
This article describes the November 4 auction at Sotheby’s where Kazimir Malevich’s Suprematist Composition, one of five paintings that Herrick helped recover from the City of Amsterdam for the heirs of Kazimir Malevich, sold for $60 million, a record price for the artist and a world record for Russian art.
Media Mention

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Russian Abstract Painting Bucks Art Gloom
November 4, 2008 -- AFP
This article notes that Kazimir Malevich's Suprematist Composition sold for $60 million at Sotheby's in New York, despite the dismal auction market.
Media Mention

Midsize deals suddenly the only game in town
November 3-9, 2008 -- Crain's New York Business
Rick Morris is quoted in a story that examines the M&A landscape and notes that the action has shifted from the multi-billion-dollar mega-deals to the middle market. Rick notes that larger law firms tend to overstaff middle market mergers, with an inference that their methods aren't cost-effective for middle market clients.
Media Mention

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Should You Sue?
November 3, 2008 -- New York Post
In this sidebar to a main story in which she is also featured prominently, Mara Levin opines that there are relatively few causes of action upon which plaintiffs can rely to sue their employers successfully.
Media Mention

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Rough Justice: Workers Are Suing Their Employers In Growing Numbers, But Many Have Cause To Regret It
November 3, 2008 -- New York Post
Mara Levin is quoted regarding tactics that defense attorneys use when employees sue their employers, in this story about the pitfalls of such litigation from the plaintiffs' perspective.
Media Mention

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If This Picture Could Talk: A Malevich painting's long route to the auction block
November 1, 2008 -- Wall Street Journal
This story mentions the efforts of Larry Kaye and Howard Spiegler to secure for our clients the return of valuable art, including a painting by Kazimir Malevich, that was looted by the Nazis. Kaye and Spiegler are noted for their seven-year negotiations with two museums that came into possession of the painting, as part of its 60-year odyssey that culminated in its sale at auction.
Media Mention

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2008 Women of Influence
November 2008 -- Real Estate New York
Belinda Schwartz are profiled as women of influence in the New York real estate world.
Media Mention

Pro Bono Team Wins $4.6 Million For Aggrieved Food Deliverymen
October 31, 2008 -- New York Law Journal
A pro bono matter in which Jonathan Adler represented 36 bicycle deliverymen in a case against their employer who cheated them out of fair wages is the subject of the article, "Pro Bono Team Wins $4.6 Million For Aggrieved Food Deliverymen."
Media Mention

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Ex-Olympic skater, students file discrimination suit against Hackensack ice rink
October 30, 2008 -- The Star-Ledger
Matthew Hawkins is quoted regarding his defense of a discrimination lawsuit against our client, a New Jersey skating rink, after a judge refused to issue an order that would have forced the rink to give coveted ice team to figure skaters who were asked to train elsewhere.
Media Mention

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Israeli skaters accuse local ice rink of discrimination
October 29, 2008 -- The Record of Hackensack
Matthew Hawkins disputes two figure skaters' claims that our client, a New Jersey ice rink, discriminated against them because of their national origin when the rink denied them coveted premium ice time to train.
Media Mention

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Google, Book Foes Propose Settlement To Copyright Lawsuit
October 29, 2008 -- Investor's Business Daily
Barry Werbin praises the settlement of widely watched copyright litigation between Google and two adversaries, the Authors Guild and the Association of American Publishers. Barry notes that the public will have a robust search mechanism, authors will receive appropriate royalties, and Google will develop significant revenue streams as a result of the settlement.
Media Mention

Professional Development, Mid-Sized: This model encompasses all aspects of a lawyer's life.
October 20, 2008
In this story on professional development programs at mid-sized New York law firms, Georgia Sussman is quoted on the importance of training new associates from the time they join the firm. She notes similarities between how young attorneys interact with more senior attorneys and how they interact with clients and prospects.
Media Mention

Meeting wife spawned love for art and new business
October 19, 2008 -- The Journal News
Larry Kaye was quoted, respectively, about the state of the art transaction market and the taxation implications of the disposition of art. Kaye notes that the art transaction market is booming for a variety of reasons.
Media Mention

DOJ Seeks Credit Crisis Roots, Increased Probes Likely
October 14, 2008 -- Compliance Week
David Rosenfield is quoted about possible charges arising from the FBI's criminal investigation into the meltdown of the financial sector. He speculates that Congress may initiate legislation that would be analogous to the Patriot Act or Sarbanes-Oxley.
Media Mention

The Art World
October 2008 -- American Lawyer
This item notes that Herrick has a renowned international art law practice without having offices overseas. It highlights some of our most notable wins in art recovery and quotes Mari-Claudia Jiménez on the likelihood that Cuba may be the next frontier for recovery of nationalized art, particularly as the political landscape there changes.
Media Mention

Think Global, Stay Local: Working From Home
October 2008 -- American Lawyer
This feature includes Herrick as one of the most prominent American law firms doing significant international legal work without having offices overseas. It mentions our insurance and reinsurance work in the U.K., France and Germany; Japanese corporate practice; and international art practice.
Media Mention

Lenders Force Quick Sales In Chapter 11 Amid Credit Crisis
October 13, 2008 -- Dow Jones Newswire
Stephen Selbst is quoted in a story about how lenders are increasingly seeking quick sales of assets by their debtors in Chapter 11 bankruptcy, and how judges are reacting to that.
Media Mention

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Gov Considers Many Scenarios with Bailout Tools
October 10, 2008 -- GlobeSt.com
This article quotes Gary Eisenberg on the possible pitfalls and shortcomings of the government's $700 billion rescue of the financial services industry.
Media Mention

Federal Law Preempts Option For Tenant Purchase, Panel Says
October 9, 2008 -- The New York Law Journal
Scott Mollen is quoted in this front page story on the Appellate Division’s decision to invalidate the Mitchell Lama Law “Local Law 79.”
Media Mention

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Sotheby’s To Auction One of the Greatest Modern Paintings Ever Offered for Sale
October 3, 2008 -- Sotheby’s Press Release
This press release announces that the "Suprematist Composition" by Kazimir Malevich, one of the five paintings that Herrick recovered from the City of Amsterdam for the Heirs of Kazimir Malevich, is being offered for sale at Sotheby's Impressionist and Modern Art Auction on November 3 in New York. The painting will carry a pre-sale "low estimate" of $60 million.
Media Mention

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Instruments of Finance -- And Confusion
September 28, 2008 -- The Star-Ledger
Stephen Selbst is quoted in a front-page story on issues related to the $700 billion bailout/rescue -- what the fund's prospectus would look like, and the skepticism it would trigger, if there were a prospectus.
Media Mention

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Executive Moves
September 28, 2008 -- The Star-Ledger
This items notes that Gary Young and Paul Gregory recently joined the firm.
Media Mention

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Symposium shows what Israeli markets have to offer
September 26, 2008 -- The Jewish State
Ronald Levine is mentioned in this story about a Herrick, Feinstein-sponsored symposium on business opportunities in this region for Israeli companies. Ron, a member of the New Jersey-Israel Commission, notes that New Jersey is a significant exporter to Israel and that 70 Israeli companies have operations in New Jersey.
Media Mention

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$500M Wesmont Station's Phase One Passes Muster
September 26, 2008 -- GlobeSt.com
This story notes that our client -- Somerset Development -- received municipal approvals to build the first phase of Wesmont Station, a mixed use development on 70 acres in Wood-Ridge, N.J. The development will turn the property into a transit village.
Media Mention

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Politics Threaten Federal Rescue Plan
September 25, 2008 -- GlobeSt.com
Elizabeth Holtzman is quoted in a story on the $700 billion plan to rescue struggling Wall Street firms, opining that Congressional insistence on oversight, transparency and possible judicial review is necessary and not driven by partisan politics.
Media Mention

Unsealing of documents 'not great' for licensees
September 22, 2008 -- Sports Business Journal
Barry Werbin is quoted on the significance of a judge's unsealing of previously nonpublic documents -- including commercial license contracts -- in a lawsuit in which retired professional football players are suing the players' union over licensing income.
Media Mention

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Sigue el saqueo del patrimonio nacional cubano
September 17, 2008 -- Diario de Las Americas
Mari-Claudia Jiménez is mentioned in an article from the Spanish language paper, Diario de Las Americas. The article is about the conference she participated in called "Cuba's Pillaged Patrimony 1959-2008."
Media Mention

Homeowners' Suit Over Access to Exclusive Club Goes Forward
September 16, 2008 -- New York Law Journal
John Goldman is quoted about a case in which a Suffolk County judge refused to dismiss allegations including fraud and breach of contract against our client, but expressed serious doubts about the plaintiffs' ability to prove their case.
Media Mention

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Industry Insider: Business Of Law -- Burning Questions
September 12, 2008 -- The Star-Ledger
Ronald Levine is the subject of a Q&A about being a lawyer for lawyers and counsel to Herrick, Feinstein -- a look at ethics and best practices in the legal profession.
Media Mention

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Macklowe May Lose $500 Million Site On Park Avenue
September 12, 2008 -- Bloomberg News
Gary Eisenberg is quoted in a Bloomberg News story about the significance of Deutsche Bank's lawsuit that seeks to foreclose on Harry Macklowe's prime development parcel on Park Avenue and 56th Street, former site of the Drake Hotel. Gary notes that the lawsuit does not prevent the parties from continuing to negotiate a possible settlement.
Media Mention

Carbon offset developer raises $280 million
September 12, 2008 -- Reuters
This article describes how Herrick’s client, Sindicatum Carbon Capital, raised money to help fund carbon emissions cuts around the world.
Media Mention

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Oil money props up slowing hotel sales
September 1, 2008 -- The Real Deal
Paul Shapses is quoted in this story on the dynamics in the hotel development market, noting that although the market has slowed, foreign interests continue to invest.
Media Mention

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Clashing with the condo board: Gentrification brings increase in disputes between old resident and new buyers
September 1, 2008 -- The Real Deal
Doug Heller and Scott Mollen are quoted in this story about how gentrification in neighborhoods and specific buildings effect longtime residents, newcomers and condominium boards.
Media Mention

Hedge Funds Help Fill Gap In Lending For Property
August 27, 2008 -- The Wall Street Journal
Irwin Latner is quoted in this article on why hedge funds find real estate lending attractive.
Media Mention

Despite unrest, Upshaw was still in charge
August 25, 2008 -- Sports Business Journal
Irwin Kishner is quoted in this article on the debate over a successor to NFL Players Association Executive Director Gene Upshaw. The article focuses on the dispute in the months prior to Upshaw's death.
Media Mention

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Herrick Nabs U.S. Prosecutor For White-Collar Group
August 18, 2008 -- Securities Law 360
This story notes Steve Feldman's arrival as a white collar partner at Herrick, as well as his significant background in criminal and civil litigation.
Media Mention

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Point, Click, Sue
August 14, 2008 -- CNBC's Squawk On The Street
Susan Dwyer debates, on live network television, a plaintiffs' attorney on the merits of websites that match prospective plaintiffs with trial lawyers.
Media Mention

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In Slow Times, Rezoning Appeals To Developers
August 12, 2008 -- New York Times
Mitchell Korbey is quoted at length in a story about how in slow times for development, real estate developers look to rezone their underzoned properties and obtain other special permits.
Media Mention

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Speeding Into Action: Theme Park Smells Like 'Burnt Rubber'
August 10, 2008 -- The Star-Ledger
Matthew Pace is quoted in The Star-Ledger -- New Jersey's largest and most prominent newspaper -- on the viability of motorsports parks in the state.
Media Mention

Public Interest Projects
August 8, 2008 -- New York Law Journal
The New York Law Journal notes here that the firm and a number of its attorneys and staff contributed heavily to the first-ever Greg Wolf Foundation fundraiser.
Media Mention

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Courtroom Showdown on Madden Images
August 4, 2008 -- Sports Business Journal
Matthew Pace opines on the viability of litigation by retired football players, seeing compensation for having their likenesses used by a video game manufacturer, which claims it distorted the images enough to avoid having to pay.
Media Mention

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What's in a name? A lawsuit: Trademark tussle between singer's heirs and group called The Duprees
August 3, 2008 -- The Star-Ledger
Matthew Hawkins is quoted in a story about how our client, the estate of the founder of the singing group The Duprees, is fighting to protect its trademark.
Media Mention

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The James Sentence Shows Shift in Judiciary
July 31, 2008 -- The Star-Ledger
Steven Feldman is quoted in this article on sentencing issues and the judiciary as they relate to Newark's former mayor, Sharpe James.
Media Mention

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The Real Estate Forum
July 2008 -- GlobeSt.com
Paul Rubin was quoted in the July 2008 editon of the Real Estate Forum regarding workout activity for troubled projects.
Media Mention

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Gebroe-Hammer Orchestrates Multi-Family Portfolio Sale
July 21, 2008 -- New Jersey & Company
A deal in which we represented TreeTop Development is the subject of this article.
Media Mention

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Q&A with Lawrence M. Kaye
2008 -- Art & Cultural Heritage Law Newsletter
This newsletter features a Q&A with Lawrence Kaye on his career and accomplishments as an art law attorney.
Media Mention

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Paulson Lays Out Plans for Fannie, Freddie Bailout
July 14, 2008 -- GlobeSt.com
Neil Shapiro is quoted in this article about how the Freddie Mac and Fannie Mae woes will affect financing of multi-family developments.
Media Mention

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Ban on 'SuperLawyer" Ads Could Be Lifted
July 14, 2008 -- The Record of Hackensack
Patricia Graham is quoted on the possibility that the New Jersey State Supreme Court will lift its ban on the state's lawyers using 'SuperLawyer' designations in advertising.
Media Mention

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Cuba’s Artistic Output Finds Its Place on the World Stage
July 11, 2008 -- Christian Science Monitor
Mari-Claudia Jiménez is quoted in this article on the nationalization of Cuban art and its availability on the open market.
Media Mention

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Behind the Steel Curtain, a Rusty Bucket
July 10, 2008 -- The Wall Street Journal
Dan Etna is quoted on the complex dynamics surrounding the possible sale of the Pittsburgh Steelers.
Media Mention

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Cracking Down on Shoddy Condos
July 2008 -- The Real Deal
Doug Heller is quoted in an article on the attorney general's office's effectiveness in reviewing condo offering plans and enforcing codes.
Media Mention

Judge Rejects Jury Attempt To 'Pierce the Corporate Veil’
July 3, 2008 -- New York Law Journal
Scott Mollen is quoted in this article on the difficulty of piercing a corporate veil claim.
Media Mention

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Opening The Vaults; Is Bank Secrecy Over?
July 2, 2008 -- ABC.com
David Rosenfield is quoted regarding the possibility that tax evasion is merely the tip of the iceberg in the case involving secret foreign bank accounts held by US citizens.
Media Mention

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Ruined by 401(k) Predators
July 2, 2008 -- Business Week
Howard Elisofon is quoted regarding allegations that financial advisers took advantage of retirees and damaged their retirement savings.
Media Mention

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Stock Exchange’s Ex-Chief Wins Battle to Keep Pay
July 2, 2008 -- The New York Times
Carol Goodman is quoted regarding recent court rulings about Richard A. Grasso's attempt to keep his compensation package intact.
Media Mention

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UBS Shakeup, DOJ Probe Sinks Stock
July 1, 2008 -- CNBC Power Lunch
Steve Feldman discusses the UBS money laundering and tax evasion investigation.
Media Mention

Arte Recuperado
June 29, 2008 -- El Nuevo Herald
An interview with Mari-Claudia Jiménez is the subject of the article "Arte Recuperado" (Art Recovered), in which she discusses her work and Herrick's Art Law Practice.
Media Mention

Court Sides With $100M Buyer in Re-trade Argument
June 25, 2008 -- Real Estate Weekly
Scott Mollen is quoted in this article on Herrick’s Appellate Division win in a matter where we represented R.I. Island House/The Sheldrake Organization.
Media Mention

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Domino Sugar Is Gone, but Sign Will Live On After Ruling
June 25, 2008 -- The New York Times
CPCR -- Herrick's client -- successfully petitioned the Landmark Preservation Commission for approval for an addition to the Domino Sugar refinery in Brooklyn.
Media Mention

Domino Sugar Redevelopment Moves Forward
June 25, 2008 -- The New York Sun
CPCR -- Herrick's client -- successfully petitioned the Landmark Preservation Commission for approval for an addition to the Domino Sugar refinery in Brooklyn.
Media Mention

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Workplace Text-Messaging Ruling Wows Privacy Advocates
June 20, 2008 -- E-Commerce Times
Barry Werbin is quoted on a Ninth Circuit decision that held that employers using outside vendors to manage their text-messaging services generally do not have the right to ask the vendors for data about the employees' use of texting.
Media Mention

Reclamaciones de Arte a Dictaduras Nazis y Comunistas
June 17, 2008 -- El Nuevo Herald
Mari-Claudia Jiménez is mentioned in this article, which covers a conference at which she spoke, entitled "Plundered Patrimony: The Systematic Theft of Europe by the Nazis and Communists." The conference focused on the looting of Europe's cultural patrimony.
Media Mention

New Mixed-Use Building in SoHo HD Approved
June 15, 2008 -- Cityland
Mitch Korbey is mentioned regarding his successful representation of Rocksprings before the City Planning Commission.
Media Mention

Stedelijk Settles
June 2008 -- ARTnews
Lawrence Kaye is quoted in this article about his work for the heirs of Kazimir Malevich in their successful settlement to reclaim their family's paintings.
Media Mention

Former Coudert Partners Throw Wrench Into Plan
May 21, 2008 -- Bankruptcy Law 360
Herrick represents the RCPB Trust, a group of former Coudert Brothers partners, in litigation surrounding the firm's bankruptcy.
Media Mention

How I Chill Out
May 18, 2008 -- The Star-Ledger
Patricia Graham is featured for her leisure-time activities of riding horses and engaging in local politics.
Media Mention

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Macklowe Tower Rises Under Radar
May 16, 2008 -- The Real Deal
Jonathan Adelsberg is quoted on the prospect for leasing deals at Harry Macklowe's speculative office tower project at 510 Madison Ave.
Media Mention

Unification of Champ Car and Indy Car
May 16, 2008 -- Forbes.com
Matthew Pace is interviewed on the unification of Champ Car and Indy Car and the effect that it will have on car racing in the United States, including the Indianapolis 500.
Media Mention

Fred Leighton Tries To Wrest Jewels from Merrill
May 7, 2008 -- Bankruptcy Law 360
Josh Angel is mentioned regarding Herrick's representation of Fred Leighton Holdings in its bankruptcy and dispute with Merrill Lynch.
Media Mention

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Cuomo Cracks Down on NY Real Estate Fraud
May 7, 2008 -- Crain's New York Business
Doug Heller is quoted on initiatives of the Attorney General's Real Estate Finance Board to review condo plans more quickly and enforce habitability issues.
Media Mention

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Have a Seat
May 2, 2008 -- Conde Nast Portfolio
Irwin Kishner is quoted on strategies that would-be corporate board members and directors can use to obtain an invitation to join a board -- particularly if it would be their first.
Media Mention

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Seized, Reclaimed and Now on View
April 27, 2008 -- The New York Times
Larry Kaye is mentioned for having successfully represented Marei von Saher in her efforts to recover art seized by the Nazis from her father-in-law, a Dutch-Jewish art dealer.
Media Mention

Family Leave Law Signature Awaited With Pessimism
April 21, 2008 -- Philadelphia Business Journal
Patricia Graham is quoted on paid family leave provisions and a possible change in New Jersey's statutes.
Media Mention

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Gauging the Glass Ceiling
April 21, 2008 -- CNBC
Carol Goodman, live on network television, discusses why more women are not on corporate boards and how more women can achieve that status.
Media Mention

Jeweler Blames Bankruptcy on Merrill Subprime Woes
April 17, 2008 -- Bankruptcy Law 360
Herrick's representation of Fred Leighton Holdings in its bankruptcy and its dispute with Merrill Lynch is noted in this story.
Media Mention

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Industry Watchers: Concessions Go Only So Far
April 15, 2008 -- GlobeSt.com
Ben Kursman is quoted on leasing issues and how prevailing markets shape them.
Media Mention

Gates Provide Safety Valves for Hedge Funds and Investors
April 15, 2008 -- The Hedge Fund Law Report
Irwin Latner is quoted on investors' redemption requests and hedge funds' reactions.
Media Mention

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Stringer Honors Holtzman
March 25, 2008 -- Daily News
Elizabeth Holtzman is the subject of an article noting that Manhattan Borough President Scott Stringer honored her as part of the celebration of Women’s History Month.
Media Mention

Dobi Medical to Exit Next Week
March 12, 2008 -- The Deal.com
Josh Angel is quoted as debtor counsel in a bankruptcy matter.
Media Mention

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Low Fees for New Condos? Think Again
March 10, 2008 -- The Real Deal
Doug Heller is quoted on how rising energy costs are increasing monthly maintenance fees for condo-dwellers.
Media Mention

Preserving History
March 7, 2008 -- artinfo.com
Howard Spiegler's presentation on looted art, held March 4 at Cardozo School of Law, is discussed in this article.
Media Mention

Carrion Assembles Advisers for Comptroller Campaign
March 7, 2008 -- The New York Sun
Elizabeth Holtzman is the subject of an article about her serving as co-chair of Adolfo Carrion's city comptroller campaign.
Media Mention

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Two More Co-Chairs for Carrion
March 6, 2008 -- The New York Observer
Elizabeth Holtzman is the subject of an article about her serving as co-chair of Adolfo Carrion's campaign for city comptroller.
Media Mention

Panel Awards Treble Damages To Evicted Brooklyn Tenant
March 4, 2008 -- New York Law Journal
Scott Mollen is quoted on an Appellate Division decision that held that a lower court should have awarded a tenant treble damages in a wrongful eviction case.
Media Mention

Dolphins Handoff May Come Quickly
March 3, 2008 -- Sports Business Journal
Michael Kessel is quoted in an article analyzing how owners of professional sports franchises are considering selling now because of a likely upcoming increase in capital gains tax.
Media Mention

The Divide Between Manhattan, Other Boroughs
February 28, 2008 -- The New York Sun
Doug Heller is quoted on how banks are being more cautious in underwriting loans to developers and purchasers of residential units.
Media Mention

Grandmother Fights for Nazi-stolen Art
February 20, 2008 -- The Journal News
Elizabeth Holtzman is quoted in an article about attempts by her client Martha Nierenberg to reclaim family paintings that were stolen by the Nazis.
Media Mention

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"Hot Babes" Blog
February 13, 2008 -- CNBC
Susan Dwyer discusses on live network television the implications of inappropriate blogging content in an office setting.
Media Mention

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Endless Task: Keeping Unions Clean
February 10, 2008 -- The New York Times
Milton Mollen is quoted in a story about his work to keep organized crime out of a Teamsters local. The story noted that under his direction, about 50 officers and members were expelled from the union.
Media Mention

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Court Ruling a Warning to Aggressive Landlords
February 8, 2008 -- The Real Deal
Scott Mollen is quoted on a court ruling that cautions commercial landlords not to exaggerate tenants' violations or be overzealous in their use of notices to cure.
Media Mention

A Fee That Developers Would Like to See Rise
February 6, 2008 -- The New York Times
Doug Heller is quoted regarding condo sponsors' willingness to pay higher filing fees on the assumption that the added money would increase staffing, which in turn would lead to speedier review of their condo plans. The sponsors are, in large numbers, backing legislation that would raise the fees.
Media Mention

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Monumental Mission
February 2008 -- Smithsonian Magazine
Charles Goldstein is quoted in an article about the scale of cultural theft by the Nazis during World War II.
Media Mention

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Bernanke's Easing Thwarted by Surging Commercial Mortgage Rates
January 25, 2008 -- Bloomberg News
Scott Tross is quoted on rising interest rates in commercial lending and the deteriorating commercial real estate market.
Media Mention

Eyewitness News
January 13, 2008 -- ABC
Elizabeth Holtzman discusses why women should vote for Hillary Clinton in the presidential race.
Media Mention

Tobacco Litigation & Tort Reform
January 11, 2008 -- CNBC
In this live network appearance, Susan Dwyer analyzes and debates tort reform as it relates to tobacco litigation.
Media Mention

Realty Law Digest
January 9, 2008 -- New York Law Journal
Ben Kursman is quoted on the perils of using email exchanges to form a contract to purchase real estate.
Media Mention

Not All Customers Loved It At Levitz
January 9, 2008 -- The Journal News
Andy Gold is quoted in a story about how customers who paid with cash or check will likely not receive refunds on their deposits following Levitz's bankruptcy filing.
Media Mention

Judge Upholds NY Approval of Condo Conversion Plan
January 8, 2008 -- New York Law Journal
Scott Mollen is quoted on the significance of a major court decision regarding a dispute over one of the largest rental-to-condo conversions in New York.
Media Mention

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Amnesty: If You Can’t Be First, At Least Be Second
January 7, 2008 -- Ethisphere.com
David Rosenfield is quoted in an article on why some companies choose not to self-report violations to gain amnesty from criminal prosecution in antitrust cases.
Media Mention

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Who's On The Hook? Brokers Shun Listing Duties
January 2, 2008 -- The Real Deal
Doug Heller is quoted in an article examining condo brokers' increasing reluctance to become listing brokers of record because of obligations and liabilities that attach to that designation.
Media Mention

Make The Grade
January 2008 -- Commercial Property News
Neil Shapiro is quoted in a story about how commercial real estate investors are becoming increasingly involved in developing and owning student housing.
Media Mention

Cure Notice to Tenant Found 'Deficient' Due to Insufficient Claims
December 7, 2007 -- New York Law Journal
Scott Mollen is quoted regarding issues surrounding notices to cure.
Media Mention

Georgetown Land Development Company
December 7, 2007 -- WSHU
The Georgetown Land Development Company -- our client -- is the subject of a radio segment about a development in Redding, CT on environmentally sensitive land.
Media Mention

Dubai Fund to Back Clean Energy
December 5, 2007 -- Financial Times
This story discusses a $150 million investment by a Dubai-based sovereign wealth fund into a newly formed private equity fund managed by Herrick, Feinstein client Sindicatum Carbon Capital.
Media Mention

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Industry Debates Bush Bailout
December 5, 2007 -- GlobeSt.com
Scott Tross is quoted on the likely effects of the Bush Administration's plan to freeze rates on performing sub-prime mortgages.
Media Mention

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Big Block Leasing Activity Taps the Brakes
December 5, 2007 -- The Real Deal
Richard Brown is quoted regarding how financial services companies have become more cautious about leasing large blocks of office space because of fears driven by uncertainty in the credit markets.
Media Mention

Realty Law Digest
November 12, 2007 -- New York Law Journal
Neil Shapiro is quoted, explaining that well-crafted lending documents give lenders broad discretion in how they handle loan collateral upon borrowers' defaults. Neil also analyze the need for loan officers to consult with counsel when loan issues arise, because letters, emails, and phone conversations may be exhibits in subsequent litigation.
Media Mention

No Paper, More Problems: Data Digging Can Be a Legal Headache
November 9, 2007 -- The Record of Hackensack
Jenny Smith Finnegan contributes to a "tips" section of a story that examined what businesses can do to prepare for a lawsuit involving electronically stored records.
Media Mention

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Vioxx Pact Vindicates Merck Legal Strategy
November 9, 2007 -- Reuters
Susan Dwyer is quoted on how Merck's nearly-$5 million settlement of all Vioxx-related claims vindicated the company's strategy of trying all litigation. Early litigation successes convinced plaintiffs' attorneys to accept the amount, which was far less than the company's aggregate exposure.
Media Mention

Realty Law Digest
November 7, 2007 -- New York Law Journal
Ray Hannigan's litigation success on behalf of a commercial tenant who sued a landlord for failing to complete construction of a leased premises in a timely manner is mentioned in this column. The court awarded direct damages and attorneys' fees, and also damages arising from lost profits.
Media Mention

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Scarano Pointing the Finger Back
November 2007 -- The Real Deal
Ray Hannigan is quoted on his client's suit against architect Robert Scarano over Scarano's alleged misuse of air rights above buildings adjacent to the "finger building" in Brooklyn.
Media Mention

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Judge's Recusal Delays Long-Running Dispute
October 19, 2007 -- New York Law Journal
Herrick is mentioned in this story, noting its representation of the Satmar faction aligned with Rabbi Zalman Teitelbaum.
Media Mention

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Realty Check
October 16, 2007 -- New York Post
This real estate column notes that Herrick renewed and extended our lease at 2 Park Avenue.
Media Mention

Firm's Disqualification Denied; Prior Representation Found Not 'Substantially Related' to Instant Matter
October 11, 2007 -- New York Law Journal
A case in which our adversary unsuccessfully moved to disqualify us as Clear Channel's counsel is the subject of this story.
Media Mention

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Domino Developers $weet on Lobbyists
October 5, 2007 -- New York Post
This story notes Herrick's involvement as counsel and government relations specialist on behalf of clients CPC Resources and Isaac Kataan in connection with their development of the Domino Sugar factory in Brooklyn.
Media Mention

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Dealing With the Damage From Online Critics
October 4, 2007 -- The New York Times
Barry Werbin is quoted in this story, which explores various ways that companies can deal with on-line, negative postings about them.
Media Mention

49 WB LLC v. Village of Haverstraw
October 2007 -- Law.com
Scott Mollen's New York Law Journal column on eminent domain takings post-Kelo is noted.
Media Mention

Gender Discrimination Litigation
September 27, 2007 -- CNBC
Carol Goodman, live on network television, discusses gender discrimination litigation against Bloomberg LP and ways that companies can avoid and defend against such suits.
Media Mention

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Landmark Status Is Approved for Domino Refinery in Brooklyn
September 26, 2007
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention

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Sweet Success: W'burg's Domino Plant Landmarked
September 26, 2007 -- New York Post
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention

Sugar Factory Named Landmark
September 25, 2007 -- The New York Sun
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention

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Events For September
September 25, 2007 -- The New York Observer
This article examines the attempt by Herrick's client Community Preservation Corporation Resources to develop residential units at the Domino Sugar factory site in Brooklyn, and how that attempt intersects with the site being granted landmark status.
Media Mention

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Suit Claims Restaurant Looked Past Harassment
September 25, 2007 -- The New York Times
Mara Levin is quoted regarding sexual harassment litigation and EEOC action against her client, the restaurant Tavern on the Green.
Media Mention

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'Bias' on Menu; 'Tavern' Big Made Sex Cracks: Feds
September 25, 2007 -- New York Post
Mara Levin is quoted regarding sexual harassment litigation and EEOC action against her client, the restaurant Tavern on the Green.
Media Mention

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New York's Tavern on the Green Sued by EEOC for Bias
September 25, 2007 -- Bloomberg News
Mara Levin is quoted regarding sexual harassment litigation and EEOC action against her client, the restaurant Tavern on the Green.
Media Mention

Realty Law Digest
September 19, 2007 -- New York Law Journal
Mark Levine is quoted regarding the need for purchasers of real estate to consult with land use counsel prior to going to contract if they intend to develop the property further or alter its current use, or if changes to prevailing zoning would affect the property's value.
Media Mention

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Got What It Takes For The ‘Best Job in Sports?'
September 7, 2007 -- Forbes.com
Dan Etna is quoted on the qualities candidates must possess to be considered for CEO positions with professional sports franchises -- in this case, the Green Bay Packers.
Media Mention

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Pal Robbed Rodney: Widow
September 5, 2007 -- New York Post
This story notes that Rodney Dangerfield's widow sued his former business manager and partner, alleging that he stole money while the comedian was on his deathbed -- a matter in which we represented Dangerfield's widow.
Media Mention

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City Briefs
September 5, 2007 -- New York Daily News
This story notes that Rodney Dangerfield's widow sued his former business manager and partner, alleging that he stole money while the comedian was on his deathbed -- a matter in which we represented Dangerfield's widow.
Media Mention

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Citigroup Buys Parts of a Troubled Mortgage Lender
September 3, 2007 -- The New York Times
This story discusses the purchase by Citigroup -- which Herrick represented -- of a mortgage lender that had announced it was ceasing operations.
Media Mention

No Public Nuisance Claims In Public Entities' Actions Seeking 'Costs' of Lead Paint
September 3, 2007 -- New Jersey Lawyer
This story examines a New Jersey litigation matter in which Herrick represented Sherwin Williams.
Media Mention

City of Amsterdam Can be Sued in US
September 2007 -- The Art Newspaper
Howard Spiegler and Larry Kaye are mentioned regarding their representation of the heirs of the artist Kazimir Malevich in litigation to recover artwork from the Stedelijk Museum, which is owned by the city of Amsterdam.
Media Mention

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The Big Comedown
September 1, 2007 -- Retail Traffic
Scott Tross is quoted in a story regarding investors' concerns with CMBS loans.
Media Mention

Building Prices Poised For a Drop-Off
September 2007 -- The Real Deal
Scott Tross is quoted analyzing how the subprime default threat was spreading and would likely threaten commercial real estate deals -- or at least prices for the deals -- in New York City.
Media Mention

Lead Paint Litigation Is Beginning to Fade
August 21, 2007 -- National Law Journal
This story examines lead paint litigation in which Herrick represented Sherwin Williams. The story arrives at the conclusion that lead paint claims were losing steam in the courts.
Media Mention

Celebrity Endorsement Contracts
August 14, 2007 -- CNBC
Dan Etna appears on CNBC’s “On the Money,” discussing Nike’s suspension of Michael Vick for violating an ethical conduct clause in his contract.
Media Mention

IMG Valued at $1.5 billion, Sources Say
August 8, 2007 -- Sports Business Journal
Dan Etna is quoted in an article that examines the possible worth of IMG.
Media Mention

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Anatomy of the Bolts Deal
August 8, 2007 -- The Tampa Tribune
Irwin Kishner is quoted in a story that examines the sale of the NHL franchise Tampa Bay Lightning. The story discusses what transpires behind closed doors when buyers and sellers of professional sports franchises negotiate price and terms.
Media Mention

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Construction Begins at Aurora Over the Hudson
August 6, 2007 -- New Jersey & Company
This story notes the start of construction of a New Jersey project where Herrick represented the borrower group in its financing of the project.
Media Mention

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2,400 New Residential Units on Brooklyn Waterfront: Supporters, Opponents About Equal at Domino Project Scoping Session
August 2, 2007 -- Brooklyn Daily Eagle
Mark Levine is quoted in this story about community reaction to a plan to develop residential units at the site of the Domino Sugar factory in Brooklyn.
Media Mention

A Look Inside the IPO Boom
July 31, 2007 -- Business Finance
Irwin Kishner is quoted on the on the flood of initial public offerings that began in 2006.
Media Mention

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Let The Home Auction Bidder Beware
July 30, 2007 -- The Christian Science Monitor
Scott Tross is quoted -- and his relevant book title is mentioned -- in this story looking at possible pitfalls on bidding on homes in financial distress or approaching foreclosure.
Media Mention

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Real Estate Round-Up
July 25, 2007 -- Brooklyn Daily Eagle
Irwin Kisnher is quoted on the regional market for luxury suits at stadiums and arenas, opining that the area would sustain many more than currently exist.
Media Mention

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Sports Arenas Offer Suite Deals
July 23, 2007 -- Crain’s New York Business
Irwin Kishner is quoted on the market for state-of-the-art luxury-box seating at sports venues.
Media Mention

Kahala-Cold Stone Buys Cereality
July 12, 2007 -- Forbes.com
This story notes that Kahala-Cold Stone acquired Cereality Operators, Inc. Herrick represented Cereality in the transaction.
Media Mention

Kahala-Cold Stone Buys Cereality
July 12, 2007 -- Forbes.com
This story notes that Kahala-Cold Stone acquired Cereality Operators, Inc. -- a cereal breakfast bar operator and a client of Herrick, Feinstein -- in a significant deal in the franchising arena.
Media Mention

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CBRE Brokers Sale of 25 A & B Vreeland Road for $33.65 Million
July 11, 2007 -- New Jersey & Company
This story notes that sale of a New Jersey property for nearly $34 million -- a deal in which Herrick represented the seller.
Media Mention

Congress’ War on Wealth
July 11, 2007 -- CNBC
Irwin Latner discusses, on live network television, the merits and pitfalls of various levels of government regulation of hedge funds.
Media Mention

Springs Preserve Impresses During its VIP Opening
June 7, 2007 -- Las Vegas Review Journal
Irwin Kishner is quoted in "Springs Preserve Impresses During its VIP Opening" in Las Vegas Review Journal.
Media Mention

A Look at the Latest Mergers
July 3, 2007 -- CNBC
Dan Etna, in a live network appearance, discusses the landscape for mergers and acquisitions -- what factors are driving them, and what factors are stifling them.
Media Mention

Joe Scarborough Show
July 3 and July 9, 2007 -- MSNBC
Elizabeth Holtzman appeared on the “Joe Scarborough Show” to discuss impeachment and the White House’s invocation of its executive privilege.
Media Mention

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Extell Buys Chelsea Garage, Flea Market Site
July 3, 2007 -- The Real Deal
This story notes that Extell Development Company bought 112-118 West 25th Street in New York City -- a deal on which Herrick represented the buyer.
Media Mention

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Show Will Feature Paintings Looted by Nazis
July 1, 2007 -- The New York Times
Larry Kaye is mentiioned in a story about an art exhibit that was to feature paintings looted by the Nazis. The story noted that the exhibit pointed out not only the caliber of much of looted art, but also the decades-long struggle that some rightful owners face when trying to recover valuable art that was misappropriated.
Media Mention

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Former Nazi Loot to Tour
June 29, 2007 -- The New York Times
Larry Kaye is quoted in a story examining the international tour of paintings from the collection of Jacques Goudstikker, whose heirs are clients of Herrick, Feinstein.
Media Mention

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Painter Malevich's Heirs Can Sue Amsterdam for Art
June 29, 2007 -- Reuters
Howard Spiegler and Larry Kaye are quoted in a story that notes that their client will be allowed to sue the city of Amsterdam in connection with the expropriation of the art, which hangs in a museum owned by the city.
Media Mention

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Lifting the Lid: Investors Press Claims in Lengthy JDSU Case
June 28, 2007 -- Reuters
Arthur Jakoby is quoted on class action defense matters.
Media Mention

KPMG Charges May Be Dismissed
June 28, 2007 -- The Journal News
Arthur Jakoby is quoted regarding the possibility that former KPMG executives will have their federal tax-related charges dismissed.
Media Mention

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Bear Sterns Likely to Face Hedge Fund Lawsuits
June 28, 2007 -- The New York Times
Scott Tross is quoted in a story that examines the likelihood that Bear Sterns will be sued over the collapse of one of its hedge funds and the possible defenses it might raise.
Media Mention

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If You Can't Beat 'em... Duo Join to Buy 405 Park Ave
June 27, 2007 -- New York Post
Herrick represents the joint venture of Westbrook Partners, The Witkoff Group and Stellar Management in its acquisition of 405 Park Ave.
Media Mention

Limits for Shareholder Activists?
June 20, 2007 -- CNBC Morning Call
John Rogers discusses Royal Ahold’s proposal to force shareholders to agree to hold a certain stake in the company for a certain period of time before their concerns will be seriously considered by the board.
Media Mention

Realty Law Digest
June 20, 2007 -- New York Law Journal
Arthur Jakoby is quoted on the importance of title-related litigation, emphasizing that title companies are entitled to prompt notice of claims and that purchases are obligated to conduct due diligence prior to a transaction.
Media Mention

Mortgage Fraud Skyrocketing in Jersey
June 17, 2007 -- The Star-Ledger
Jaimee Katz Sussner is quoted on the proliferation of mortgage fraud in New Jersey, and authorities; and attorneys' attempts to curb it.
Media Mention

REITs Pouring Investment Into Dense Urban Corners
May 31, 2007 -- The New York Sun
Mark Levine is quoted on the residential development boom sparking commercial development in downtown Brooklyn.
Media Mention

Executive Compensation: Who Should Decide?
May 29, 2007 -- CNBC
Carol Goodman, live on network television, analyzes what roles the government and corporate boards of directors and compensation committees should have in determining executive compensation.
Media Mention

Realty Law Digest
May 9, 2007 -- New York Law Journal
Jonathan Adelsberg is quoted on the need to address carefully issues of percentage of gross receipts in assignment and subletting clauses in retail leases.
Media Mention

REBNY Wins Mitchell Lama Cast to Scrap Local Law 79
May 2, 2007 -- Real Estate Weekly
Scott Mollen, who successfully represented REBNY in this matter, is quoted on why overturning Local Law 79 is a just outcome and benefits affordable housing development.
Media Mention

REBNY's Win in Mitchell Lama Case Regarding Local Law 79
April 30, 2007 -- therealdeal.com's webcast
Scott Mollen is the subject of this webcast interview, in which he describes his successful representation of REBNY as it sought to strike Local Law 79 as it related to Mitchell Lama housing. Mollen also opined on why striking the law was a just outcome and will enable additional affordable housing development.
Media Mention

Equal vs. Splenda
April 25, 2007 -- CNBC
Barry Werbin discusses the litigation between Equal and Splenda, arguing that Splenda's slogan, "It's made from sugar so it tastes like sugar," is not misleading and that Equal's claims are without merit.
Media Mention

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IMG: Company Not Up For Sale
April 23, 2007 -- Sports Business Journal
Irwin Kishner is quoted on private equity's role in the professional sports industry.
Media Mention

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Executive Compensation
April 19, 2007 -- Forbes.com
Carol Goodman discusses on Forbes’ financial video program MoneyMasters why boards of directors are more qualified than shareholders to make compensation decisions.
Media Mention

Debating the Benefits of Eminent Domain
April 15, 2007 -- The Record of Hackensack
Scott Mollen is quoted on how the U.S. Supreme Court eminent domain ruling in Kelo did not create a license for abuse, and that private developer involvement is often necessary to accomplish projects that serve important public purposes.
Media Mention

Galvin Files Complaint Against Lydia Capital
April 13, 2007 -- HedgeWorld Daily News
Aismara Abreu is mentioned as counsel to Lydia Capital in this story about a lawsuit.
Media Mention

Litigation Just Starting in Subprime Meltdown
April 12, 2007 -- New York Law Journal
Scott Mollen is quoted in a story on how the mortgage industry has been adversely affected by the collapse of lenders that provide subprime home mortgates to borrowers with poor credit.
Media Mention

Realty Law Digest
April 11, 2007 -- New York Law Journal
Doug Heller is quoted on warranties in condominium offering plans, as they relate to construction claims against condo sponsors and architects.
Media Mention

Devious Deeds: Mortgage Fraud on Rise, With Losses Doubled in 2005
April 1, 2007 -- Commercial Property News
Jaimee Katz Sussner is quoted in a story that noted the dramatic rise in mortgage fraud from year to year.
Media Mention

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Stolen Artworks and the Lawyers Who Reclaim Them
March 28, 2007 -- The New York Times
Howard Spiegler and Lawrence Kaye are featured in this article about the Herrick, Feinstein art recovery practice and the larger issues in looted and stolen art and its recovery.
Media Mention

The Bounty Hunters
March 23, 2007 -- Wall Street Journal
Lawrence Kaye is the focus of this article -- and fellow Herrick art law partner Howard Spiegler is mentioned -- on the growth in the field of art recovery.
Media Mention

Court Ruling May Broaden Auditor Liability
March 19, 2007 -- Compliance Week
James Moss is quoted on recent federal appellate decisions that found that auditors could be liable under securities laws for their failure to correct false financial statements.
Media Mention

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Bill Rips Times' Hill Bashing
March 16, 2007 -- New York Post
Elizabeth Holtzman is mentioned for having attended a fundraiser for Hilary Clinton at the apartment of prominent mortgage executive Keith Kantrowitz.
Media Mention

Blackstone Analysis: Private Equity Funds Going Public
March 16, 2007 -- CNBC
Dan Etna, live on network television, discusses the recent trend in private equity funds going public, with a focus on Blackstone.
Media Mention

Class Action Lawyers Pounce on Subprime Crisis
March 14, 2007 -- Reuters
Scott Tross is quoted in this story about potential class action litigation against lenders and possibly their auditors and bankers, and possible defenses against investors' claims arising from the subprime meltdown.
Media Mention

Executive Compensation -- Tax Gross-Ups
February 26, 2007 -- CNBC
Carol Goodman, in a live network appearance, analyzes the “tax gross-up” layer of executive compensation packages.
Media Mention

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Recovered Artworks Heading to Auction
February 22, 2007 -- The New York Times
Larry Kaye is quoted regarding the sale of more than 100 Old Master pictures from the famed Goudstikker collection by Herrick's client, Marei von Saher, Goudstikker's sole heir. Kaye notes that although the works were recovered after having been looted, they represented only a fraction of the valuable artwork that was pilfered.
Media Mention

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An art trove, looted by the Nazis and recovered, is going on sale
February 22, 2007 -- International Herald Tribune
Larry Kaye is quoted on the recovery from the Dutch government and sale of 100 Old Master pictures from the collection of the famed Dutch art dealer Jacques Goudstikker, whose collection was looted by the Nazis. Herrick represented Goudstikker's lone heir, Marie von Saher, in the recovery of the art and its sale.
Media Mention

Realty Law Digest
February 7, 2007 -- New York Law Journal
Mitch Korbey is quoted on pre-application conferences.
Media Mention

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In Hotel-Condo Debate, Weighing Tourism vs. Industry
February 2007 -- The Real Deal
Mark Levine is quoted on how a SoHo hotel-condo plan might set precedent for development in areas zoned for industrial use.
Media Mention

Governmental Control Over Executive Compensation: Pros and Cons
February 1, 2007 -- CNBC
Carol Goodman, in a live network appearance, analyzes what roles the government, corporate boards, and compensation committees should have in determining the level of compensation for corporate executives.
Media Mention

How To Get Sued
January 15, 22 and 29, 2007 -- Real Law Central
Scott Mollen is quoted in this three-part series on why real estate brokers get sued and what they can do to avoid litigation and liability.
Media Mention

The Outlook For Distressed Commercial Debt in 2007
January 2, 2007 -- CNBC's Squawk Box
Scott Tross is part of a panel discussing how much commercial debt will become distressed in 2007, and the market for buying and selling that paper.
Media Mention

Herrick, Feinstein Brings Together the Dealmakers
January 2007 -- Mann Report
Herrick, Feinstein's fall real estate event is covered.
Media Mention

Accused: How to Survive a Fair Housing Violation
January 2007 -- RealLawCentral.com
Mara Levin is quoted on how real estate agents face claims of violations of fair housing laws, and how they can protect themselves against liability.
Media Mention

Restitution: Unfulfilled Promises
December 2006 -- Art News
Larry Kaye is quoted on how uncooperative American museums are regarding restitution claims when compared to their Western European counterparts.
Media Mention

Raising the Bar
2006 -- Art & Auction
Lawrence Kaye is profiled in this article about the different types of legal expertise needed in the art law industry. The article features Larry as the ‘art theft expert’ and describes his work in recovering stolen art and antiquities.
Media Mention

Regulatory Roundup: Officials Lean Toward More Oversight
December 6, 2006 -- Hedge Fund Alert
Irwin Latner is quoted regarding the SEC's motivation for changing the net-worth threshold for being an accredited investor.
Media Mention

Reinsurer Wordings Examined
December 4, 2006 -- Business Insurance
Jule Rousseau is quoted on reinsurance contract drafting in an article about insurance coverage litigation stemming from Hurricane Katrina.
Media Mention

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Cuomo Considered the Ultimate Pragmatist
December 2006 -- The Real Deal
Doug Heller is quoted regarding the likelihood that Andrew Cuomo, then incoming New York State Attorney General, would create processes for speedier review of condo plans.
Media Mention

Hard Lessons Learned in Halliburton
December 1, 2006 -- Mergers & Acquisitions, The Dealmakers' Journal
Fred Green is quoted regarding a case where retirees were allowed to enforce merger agreement provisions despite the existence of a "no third-party beneficiaries" clause and the likely effect: M&A attorneys will try to limit the scope of deal covenants.
Media Mention

Defender of Antiquities - Larry Kaye fights for the return of stolen treasures
November 2006 -- Art and Antiques
Lawrence Kaye is featured in this article about his longstanding career and ongoing tenacity in art law litigation.
Media Mention

Raising The Bar
November 20, 2006 -- Alternative Universe
Irwin Latner is quoted regarding the possibility of raising the limits for hedge fund investors and the likely implications.
Media Mention

Opening Up Their Books
November 6-12, 2006 -- Sports Business Journal
Dan Etna is quoted in the front page article “Opening Up Their Books” on how sports unions have changed the way they report financial information due to new Department of Labor disclosure requirements.
Media Mention

Builder Licensing Bill Heads For Approval
November 2006 -- The Real Deal
Kevin Fullington is quoted in a story regarding new rules that would regulate developers of one-, two- and three-family homes in New York.
Media Mention

Best Deal On Insurance That Won't Leave You Stranded
November 1, 2006 -- Real Estate Weekly
Doug Heller authors an article about the importance of shopping for condominium insurance coverage, understanding it and reviewing it -- before disaster strikes.
Media Mention

Platform Learning Gets DIP
October 25, 2006 -- The Daily Deal
Andy Gold is mentioned in a story about the approval of a loan that allowed a provider of educational services to finance a new business plan.
Media Mention

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Goldstein Asks SEC for Hedge-Fund Filing Exemption
October 24, 2006 -- Bloomberg News
Irwin Latner is quoted regarding the constitutionality of a Congressional requirement that hedge fund managers file reports under Section 13F of the Exchange Act.
Media Mention

Platform Learning Seeks Final DIP OK
October 23, 2006 -- The Daily Deal
Andy Gold is mentioned in a story about the efforts of a provider of educational services to borrow money to finance a new business plan.
Media Mention

Close Encounters of the Flying Kind
October 10, 2006 -- New York Times
Howard Elisofon is quoted regarding networking on airplane flights.
Media Mention

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Paycheck Mistakes
October 6, 2006 -- American Public Media
Mara Levin analyzes on public radio the rights and responsibilities of employers and employees when an employer accidentally overpays an employee, who tries without success to return the overage.
Media Mention

RenRe Ex-Execs Face Charges Over Finite Deal; SEC Lawsuit Targets Former CEO, Others
October 2, 2006 -- Business Insurance
Jule Rousseau is quoted on regulatory concern over certain finite reinsurance transactions.
Media Mention

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Trader of the Lost Art
September 24, 2006 -- Sunday Times Magazine, London Sunday Times
Larry Kaye is quoted regarding his efforts to recover art for Marei von Saher.
Media Mention

Silence Trash-Talkers
August 2006 -- Advantages
Mara Levin is quoted regarding what businesses can do when they are victimized by false rumors spread by competitors.
Media Mention

Property & The Law: Top Real Estate Attorneys Talk About the Key Issues of the Day
July/August 2006 -- Real Estate New Jersey
Scott Tross is featured in an article that analyzes key issues facing real estate entities, including litigation trends and the possibility of an increasing amount of distressed commercial real estate debt.
Media Mention

Plots & Ploys: What's Brewing in the Real Estate Market
April 19, 2006 -- The Wall Street Journal
Richard Bass is featured in an article about his urban-planning graduate students at Columbia University developing a master plan for the city of Bat Yam in Israel.
Media Mention

God's Work
April 19, 2006 -- SmartMoney.com
Michael Kessel is quoted in a story about the tax implications of not-for-profit businesses established by religious organizations as they compete with for-profit entities for business and revenue.
Media Mention

Biovail Puts Short-Seller Fight Under Spotlight in the Media
March 25, 2006 -- The Wall Street Journal
Howard Elisofon is quoted in an article that analyzes litigation issues that arise when a company sues various funds for allegedly spreading rumors about the company and selling its shares short.
Media Mention

Seeking to Compete in the Sales Arena
March 19, 2006 -- The New York Times
Barry Werbin is quoted in a story that examines issues surrounding business competition, under-pricing services and commissions, and advertising.
Media Mention

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How Battling Firms Can Work Out a Successful Deal: The Disney/Pixar combination points up the added complexities in acquisitions that mesh firms with frosty relations
March 1, 2006 -- Mergers & Acquisitions, The Dealmakers' Journal
Irwin Kishner is quoted on how companies with strained relations can co-exist following a merger, acquisition or strategic alliance.
Media Mention

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The Art Theft Experts
February 24, 2006 -- New York Law Journal
Howard Spiegler, Lawrence Kaye, Frank Lord IV and Mari-Claudia Jiménez are featured in this article in the New York Law Journal.
Media Mention

The Ultimate Juggle
February 21, 2006 -- Princeton Business Journal
Patricia Graham and then-Herrick attorney Joan Thomas are featured in a story about how professional women balance their home and work lives.
Media Mention

Advocates Threaten Lawsuits to Curb Food Marketing
February 20, 2006 -- Reuters
Susan Dwyer is quoted on the battle between consumer advocates and food companies that market their high-calorie products.
Media Mention

Distressful Opportunities
February 20, 2006 -- Barron's
Scott Tross is quoted in a story that examines how delinquent and defaulted commercial loans are purchased by funds and opportunistic investors.
Media Mention

At Deadline
February 20, 2006 -- Crain’s New York Business
Kevin Fullington is mentioned in "At Deadline" in Crain’s New York Business.
Media Mention

Dutch to Return Art Seized by Nazis
February 7, 2006 -- The New York Times
Lawrence Kaye is quoted in the The New York Times.
Media Mention

Qwest Memo Indicates Chief Got Early Sign of Troubles
January 24, 2006 -- The New York Times
David Rosenfield is quoted in the article "Qwest Memo Indicates Chief Got Early Sign of Troubles."
Media Mention

Art theft still a mystery
January 3, 2006 -- St. Louis Post-Dispatch
Mari-Claudia Jiménez is quoted in a story about missing art.
Media Mention

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Good News/Bad News: The Cendant Split
December 1, 2005 -- CFO.com
Irwin Kishner is quoted in this story about Cendant's spinning off various business units.
Media Mention

Retired NFL Players Trade in Their Football Jerseys for Business Suits
November 24, 2005 -- PRWEB.com (Press Release News Wire)
Irwin Kishner is quoted in "Retired NFL Players Trade in Their Football Jerseys for Business Suits" which appeared on PRWEB.com.
Media Mention

New Chapter in Bankruptcy
October 16, 2005 -- The Record of Hackensack
Paul Rubin is quoted regarding the impact of significant amendments to the Bankruptcy Code about to take effect.
Media Mention

Merck Uses Advisory Panel to Retool Leadership
May 9, 2005 -- The Star-Ledger
Dan Etna is quoted in a story about Merck's use of an advisory board to examine leadership issues at the company.
Media Mention

Insurers Spar Over Meaning of 'Other Insurance' Clauses
April 26, 2005 -- Mealey’s Insurance Pleadings
Alan Lyons is quoted in "Insurers Spar Over Meaning of 'Other Insurance' Clauses" in Mealey’s Insurance Pleadings.
Media Mention

Claims Alleged Before Policy Period; Michigan Judge Dismisses Insurer
April 19, 2005 -- Mealey’s Emerging Insurance Disputes
Alan Lyons is quoted in "Claims Alleged Before Policy Period; Michigan Judge Dismisses Insurer" in Mealey’s Emerging Insurance Disputes.
Media Mention

Laws Regulating Vendors Examined
April 19, 2005 -- New York Sun
Kevin Fullington is mentioned in "Laws Regulating Vendors Examined" in the New York Sun.
Media Mention

Winn-Dixie Bankruptcy To Go To Florida
April 12, 2005 -- Dow Jones Newswire
Paul Rubin is quoted in the Dow Jones Newswire regarding the implications of the decision of a New York Bankruptcy Court to transfer the Winn-Dixie bankruptcy case to a Florida court.
Media Mention

Verdict Weakens Ignorance Defense
March 16, 2005 -- The Washington Post
David Rosenfield is quoted in the article "Verdict Weakens Ignorance Defense."
Media Mention

Melba Toast's Boost in Bronx
February 18th 2005 -- New York Daily News
Dan Swick notes that the makers of Melba Toast were in a good position to sell, in this article about the sale of Old London Foods, and the significant increase in jobs at their plant in the Bronx.
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Celebrating A Life In The Law
February 4, 2005 -- New York Law Journal
Howard Spiegler and Lawrence Kaye pay tribute to their mentor, Harry I. Rand.
Media Mention

Political Memo; A Mayor With Money, Spending it Freely
January 26, 2005 -- New York Times
Kevin Fullington is mentioned in the New York Times in "Political Memo; A Mayor With Money, Spending it Freely."
Media Mention

Bloomberg Hires Political Pros . . .
January 15, 2005 -- New York Times
Kevin Fullington is mentioned in the New York Times in "Bloomberg Hires Political Pros . . ."
Media Mention

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Thomas Hauser
July 16, 2004 -- SecondsOut.com
Mike Heitner is referred to as the "best contract attorney in the business"
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Sarbox Risk - A Funny Thing Happened on the Way to Compliance
March 3, 2004 -- RiskCenter.com
Irwin Kishner is quoted in "Sarbox Risk - A Funny Thing Happened on the Way to Compliance" on RiskCenter.com.
Media Mention

Remember the Goal
October 2, 2003 -- The Daily Deal
Irwin Kishner is quoted in "Remember the Goal" in The Daily Deal.
Media Mention

Acquisitions Without the Liabilities
August 25, 2003 -- New York Law Journal
Irwin Kishner is quoted in "Acquisitions Without the Liabilities" in New York Law Journal.
Media Mention

S.I. GOP Pol Takes Swipe At Mike Aide
February 7, 2003 -- New York Daily News
Kevin Fullington is quoted in "S.I. GOP Pol Takes Swipe At Mike Aide" in the New York Daily News.
Media Mention

Law’s True Art
January 13, 2003 -- The National Law Journal
Lawrence Kaye is profiled in The National Law Journal.
Media Mention

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For Sale Harp from the City of UR, Van Goghs, Sumerian Vases, Durer Prints, Ancient Coins, and Much More
2003 -- Columbia Law School Report
Howard Spiegler is interviewed for the Columbia Law School Report.
Media Mention

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Accountability And Responsibility - In Scandals Both Public And Private, One Or Both Are Absent
January 2003 -- The Metropolitan Corporate Counsel
Milton Mollen is interviewed on his experience and background in law.
Media Mention

CAN-SPAM Act of 2003
2003 -- Computer and Internet Lawcast
Barry Werbin is interviewed by Computer and Internet Lawcast, an audio legal news service, to discuss the provisions and practical implications of the “CAN-SPAM Act of 2003,” one of the most sweeping federal laws regulating e-commerce and use of the Internet to date.
Media Mention

Call These Attorneys ‘Raiders of the Lost Art’
November 12, 2002 -- The New York Law Journal
Howard Spiegler and Larry Kaye are profiled.
Media Mention

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Profile: Lawrence Kaye, Lord of the Antiquities
October 2002 -- The ATS Report
Lawrence Kaye is profiled in this article on his expertise in the area of art law.
Media Mention

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Partnership in Deal for Empire State Building
March 19, 2002 -- The New York Times
This article details the historic sale of the Empire State Building to a group led by Peter Malkin.
Media Mention

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Empire: A Tale of Obsession, Betrayal, and the Battle for an American Icon
2002 -- By: Mitchell Pacelle
Ray Hannigan represented Japanese billionaire Hideki Yokoi in the case Nihon Sangyo Kabushiki Kaisha v. Nakahara, which is chronicled extensively in Mitchell Pacelle's book.
Media Mention

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Long, Long Legal Battle for Tall, Tall Building
December 12, 2001 -- The New York Times
This article details the historic sale of the Empire State Building to a group led by Peter Malkin.
Media Mention

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Is It Art, or Memorex?
May 21, 2001 -- WIRED.com
Barry Werbin is quoted in an article that discusses the issues regarding digital images.
Media Mention

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September 18th
September 18, 1999
September 18th
Media Mention

GOPers Oppose Rudy On Pension Increases
May 6, 1999 -- New York Post
Kevin Fullington is quoted in "GOPers Oppose Rudy On Pension Increases" in the New York Post.
Media Mention

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The Boss's Souvenirs
December 1, 1998 -- The Village Voice
Barry Werbin is quoted in The Village Voice.
Media Mention

Baseball Players' Wills Are Stolen
October 30, 1998 -- Wilmington Delaware News Journal
Irwin Kishner is quoted by Tom Kitchofer in "Baseball Players' Wills Are Stolen" in the Wilmington Delaware News Journal.
Media Mention

Hall of Famers' Wills Come Up Missing
1998 -- CBS Sportsline, Boston
Irwin Kishner is quoted in "Hall of Famers' Wills Come Up Missing" on CBS Sportsline, Boston.
Media Mention

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Herrick, Feinstein LLP is bolstering its Real Estate Department with the arrival of counsel Howard Peskoe
October 2009 -- Herrick, Feinstein LLP
Howard brings Herrick’s clients more than 34 years of real estate experience in sales, leasing, development, finance and capital market transactions for office and retail buildings, mixed-use complexes, hotels and multifamily properties. He has significant experience in contracting work for owners, contractors and design professionals, involving major development and renovation projects in the metropolitan New York region.
Media Mention

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Holiday Card
December 2008
Herrick