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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 are Barbaros Karaahmet, a member of the corporate department and co-chair of the Turkish practice; Gina Mavica, who specializes in real estate development and acquisitions and dispositions; Michael McMahon, who is the co-chair of the 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Dennis Russo on The Stoler Report
December 4, 2012 -- The Stoler Report
Dennis Russo, Co-Chair of Herrick’s Real Estate Department, was a featured guest on Michael Stoler’s “Stoler Report” on December 4, 2012. Dennis engaged in a lively and robust conversation with Gino Martocci, M&T Bank; Stephen Siegel, CB Richard Ellis; and Bruce Mosler, Cushman & Wakefield in a program entitled “Real Estate & Business Executives Outlook on the State of the Tri-State Market: The Election, Economy & Hurricane Sandy.”
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
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
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
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
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
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
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
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
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
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
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
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
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 Jimenez 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
Who's News
September 19, 2012 -- Real Estate Weekly
The article highlights the addition of Counsel Matt Meyers to Herrick, Feinstein’s Community Association Group and notes that Mr. Meyers, who is based in the firm’s Newark office, specializes in construction defect issues and litigation.
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
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
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
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
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
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 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
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
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
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
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
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
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
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
At The Desk Of: Dennis Russo
June 2012 -- The Real Deal Magazine
Herrick real estate department co-chair Dennis Russo was profiled in the “At The Desk Of” section of the June edition of The Real Deal magazine. In that article, Herrick’s 50+ attorney real estate department was referred to as “one of the biggest practices in the city,” and several of our clients and recent high-profile hotel transactions were mentioned. Herrick’s collection of architectural artifacts – one of the largest such private collections in the New York City area – was also prominently featured.
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
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
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
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
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 -- 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
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, Scott Mollen and Dennis Russo 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, Dennis Russo, 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 partners Dennis Russo and David Byrne are quoted throughout the article about what the addition of the new partners means for the firm.
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, Scott Mollen and Dennis Russo are all quoted in the article.
Media Mention
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
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
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
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
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
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
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
Anxiety Mounts Over Maturing Real Estate Loans
January 24, 2012 -- The New York Times
Dennis Russo is quoted in this story, which notes that a large amount of commercial real estate debt is coming due in 2012 and that certain market conditions will make it tricky for borrowers to refinance their maturing debt. Dennis says the value of commercial property that was used as collateral for the loans has dropped significantly and that -- coupled with lenders’ and regulators' insistence on lower loan-to-value ratios -- will add to the difficulties that borrowers face as they try to refinance.
Media Mention
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
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
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
The 99% of CRE Finance
January 2012 -- Real Estate forum
Dennis Russo examines the difficulties that commercial real estate borrowers might face as they try to refinance their loans in 2012. Dennis describes how lower values on properties securing the debt, plus lenders’ insistence on more conservative loan-to-value ratios and regulators’ increasingly harder looks at the value of collateral have joined to make for a tricky refinancing landscape. To see the article, click to pages 38, 39 and 41.
Media Mention
The 99% of CRE Finance
January 2012 -- Real Estate Forum
Dennis Russo examines the difficulties that commercial real estate borrowers might face as they try to refinance their loans in 2012. Dennis describes how lower values on properties securing the debt, plus lenders’ insistence on more conservative loan-to-value ratios and regulators’ increasingly harder looks at the value of collateral have joined to make for a tricky refinancing landscape. To see the entire article, click to pages 38, 39 and 41.
Media Mention
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
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
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
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
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.
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Failed Debt Deal Not Just Business As Usual for CRE
November 23, 2011 -- GlobeSt.com
Dennis Russo says the failure of the so-called Congressional super-committee to act on a tax plan creates uncertainty for the economy and, by extension, the commercial real estate market. Dennis says uncertainty is even worse than bad news, and the committee's deadlock adds to the recent uncertainty over whether Congress would raise the debt ceiling or possibly default on our national debt, and adds to the upcoming uncertainty of which party will control the White House and Congress.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Legal Experts on the State of the Market
November 15, 2011 -- The Stoler Report
Dennis Russo appeared on the Tuesday, November 15th episode of The Stoler Report, a television program featuring prominent members of the New York City real estate industry. The episode, titled “Legal Experts on the State of the Market,” featured Dennis, Stuart Saft, chairman of Dewey LeBeouf’s global real estate practice and Stephen Rabinowitz, chair of Greenberg Traurig’s New York real estate practice.
Media Mention
Of Strictures & Structures: Restructuring Commercial Property Loans
November 2011 -- Distressed Asset Investor
Dennis Russo looks at commercial real estate borrowers’ options -- and lenders’ prerogatives -- when it becomes necessary or advisable to restructure distressed debt. Dennis analyzes the costs and benefits -- and risks and potential rewards -- of a variety of maneuvers, including forgiveness of debt, lowering the interest rate, having the lender take a back-end piece of the deal, finding another lender to take out the original lender, putting the project into bankruptcy or finding a third party to take pay down the debt in exchange for equity.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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."
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
The Debt Deal Viewed Through Real Estate’s Prism
August 3, 2011 -- GlobeSt.com
Dennis Russo opines that the cuts in government spending that the Republicans demanded to pass a debt ceiling increase will slow economic activity. Dennis says that for overall economic activity to remain unchanged in the face of a diminution in government spending, the private sector will have to spend as much as the government cuts -- a prospect he views as unlikely in this economic climate.
Media Mention
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.
Media Mention
"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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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."
Media Mention
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.'"
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Inside City Hall
April 14, 2011 -- New York 1
Michael McMahon appeared on the NY1 show “Inside City Hall” to discuss the federal budget.
Media Mention
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.
Media Mention
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."
Media Mention
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."
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
‘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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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
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.
Media Mention
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.
Media Mention
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."
Media Mention
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.
Media Mention
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).
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.”
Media Mention
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."
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
‘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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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."
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.”
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
New Financial Order
March 2, 2010 -- NYinc
Loan workouts and extensions are the order of the day, Dennis Russo says in this story that analyzes commercial real estate investment sales, equity waiting to be deployed and commercial mortgage backed securities about to mature. The Treasury Department and IRS have adopted rules that pressure special servicers of loans, who are guided by numerical calculations, not empathy, Russo says.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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
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
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
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.
Media Mention
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.
Media Mention
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
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
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
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
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
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.
Media Mention
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.
Media Mention
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.
Media Mention
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
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.
Media Mention
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
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
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Real Estate Community Greets Growth with Caution
October 29, 2009 -- GlobeSt.com
Dennis Russo says that growth in the GDP and the likely official end of the recession are good signs for the commercial real estate market. He cautions, however, that the market lags the larger economy and that lenders and developers must regain confidence before they regain their appetite to do deals.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Why Didn't the SEC Stop Madoff 17 Years Ago?
September 3, 2009 -- The Today Show
David Rosenfield appears live in a 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.
Media Mention
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.
Media Mention
Madoff Probe
September 2, 2009 -- WPIX Channel 11
John Oleske appears live in “Madoff Probe” to discuss the SEC’s investigation into Madoff.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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."
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Condo blues for troubled builders
June 24, 2009 -- Real Estate Weekly
Condo developers who stopped construction on new projects when they were halfway done -- and the lenders that loaned on those projects -- mostly did nothing wrong but merely fell victim to a bad market, Dennis Russo says in a story about half-built projects. He notes that the firm represents lenders and borrowers, with more of our work coming on behalf of lenders.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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."
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Tenants React to Rising Unemployment
April 5, 2009 -- GlobeSt.com
Rising unemployment leads to rising vacancy, and that, in turn, leads to an increase in corporate tenants seeking to surrender their leased office space, Dennis Russo says.
Media Mention
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.
Media Mention
GM & Bankruptcy
March 31, 2009 -- CNBC Reports
Stephen Selbst tells a live network audience why bankuptcy for General Motors now makes sense.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
'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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.”
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Conversion Time: A slumping residential market has some developers turning their condos into rentals
January 2009 -- New York Construction News
Dennis Russo, who represents condo developers and lenders and who has developed condo projects himself, says developers' plans to turn stalled condo developments into rentals are confounded by the inability of rent revenue to cover debt service. He notes that the only scenarios where rent cover the debt are when lenders restructure the loans or the developer has owned the property for a long time.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
Deutsche Bank slashes price tag for two Macklowe buildings
December 9, 2008 -- The Real Deal,com
Dennis Russo opines that Deutsche Bank cut the asking price on two buildings from Harry Macklowe's troubled portfolio because no large tenant is on the hook and none seems to be on the horizon.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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.
Media Mention
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 Jimenez 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
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
No real spark from Macklowe resales
October 2008 -- The Real Deal
Dennis Russo is quoted about whether the sale of some of Harry Macklowe's office portfolio helped set -- or at least identify -- the market for office product in Manhattan.
Media Mention
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
Executive Moves
September 28, 2008 -- The Star-Ledger
This items notes that Gary Young and Paul Gregory recently joined the firm.
Media Mention
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
$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
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
$180 B Helps, Doesn't Solve Crisis
September 19, 2008 -- GlobeSt.com
Dennis Russo is quoted on whether injections of liquidity by the Fed and foreign central banks will help commercial real estate finance markets, and calls for some form of government guarantees of some portions of real estate credit.
Media Mention
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Arte Recuperado
June 29, 2008 -- El Nuevo Herald
An interview with Mari-Claudia Jimenez is the subject of the article “Arte Recuperado” (Art Recovered), in which she discusses her work and Herrick’s Art Law Practice.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"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
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
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
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
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
A Place So Crowded, Nobody Goes There Anymore
January 9, 2008 -- The New York Times
Dennis Russo is quoted in an article describing why companies continue to occupy space in -- and even relocate to -- Times Square despite the congestion there.
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
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
Credit Downturn Hits the Malls
December 26, 2007 -- The Wall Street Journal
Dennis Russo is quoted in this article on how sellers of commercial real estate have difficulty lowering prices on properties because they have not accepted shifts in the market that dictate doing so.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Checking In With Sam Chang
December 2006 -- The Real Deal
Dennis Russo is quoted regarding the methods and success of hotel developer Sam Chang.
Media Mention
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
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
Condo Craze Fades
November 2006 -- National Real Estate Investor
Dennis Russo is quoted regarding the effect of oversupply and rising interest rates on condominium construction.
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
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
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
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
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
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
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
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
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
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
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
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
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.
Media Mention
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
Thomas Hauser
July 16, 2004 -- SecondsOut.com
Mike Heitner is referred to as the "best contract attorney in the business"
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
Law’s True Art
January 13, 2003 -- The National Law Journal
Lawrence Kaye is profiled in The National Law Journal.
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
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
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
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.