Yariv C. Ben-Ari, Partner

Achieved a complete victory on behalf of its clients Inokim, an Israeli company that manufactures electric scooters, and Best Buy against certain Inokim shareholders who sued both companies for breaches of a licensing agreement and tortious interference arising from the distribution of Inokim electric scooters. The New York Supreme Court granted motions to dismiss all of the plaintiffs' claims on each of the alternative grounds offered—including improper service, lack of personal jurisdiction over our Israeli clients and lack of standing. 

Represented a joint venture in the sale of a resort hotel in Sedona. The sale also included the land under thirty-three villa timeshares, land in different municipalities and the resolution of lot boundary issues with a neighboring land owner.

Represented Canada Global (T.R.) Ltd., a publicly traded company in Israel, to acquire 8500 Biscayne Boulevard, a 15.9-acre parcel of land in Miami, Florida, as part of a joint venture with Flow Global Holdings LLC.

Represent an Israeli investment company as lender in connection with reviewing a $30 million term loan facility.

Represented an Israeli debt fund in a multi-jurisdictional loan restructuring a collateralization in the United States. 

Represented Thorofare Capital, Inc., a real estate investment firm with a focus on distressed assets, on a New Jersey foreclosure resulting in the recovery of over $20 million on one loan, and another in which Herrick successfully completed a UCC sale to recover a New Jersey property for the client valued at approximately $20 million.

Represented Gehr Group in the $49.5 million refinancing of the fee interest in the 244-key Four Points Sheraton located at 326 West 40th Street in Manhattan. 

Represented Gehr Group in the $80 million refinancing of the 244-key Fairfield Inn & Suites located at 330 West 40^th Street in Manhattan. 

Represented Phoenix Insurance Company in acquiring a $55.5 million senior participation interest in a $78 million construction loan to finance the development of a Class A, 27-story multifamily rental building in Brooklyn, New York.

Represented debtor in Chapter 11 proceeding involving the William Vale Hotel, a luxury hotel in Brooklyn. This matter began as a commercial lease dispute and evolved into a multifaceted adversarial proceeding that came to a close with the $177 million sale of the hotel pursuant to plan of reorganization. This resulted in a rare Chapter 11 case where all creditors were paid in full. 654 B.R. 524 (Bankr. S.D.N.Y. 2024) and 660 B.R. 534 (Bankr. S.D.N.Y. 2024).

Represented Northwind Group for the $162 million construction loan for a 69-unit rental condominium on Fifth Avenue in East Midtown Manhattan owned by SHVO.

Represented a BVI corporation listed on Tel Aviv Stock Exchange in the repayment of Series C debentures.

Represented a BVI corporation listed on Tel Aviv Stock Exchange, in the repayment of Series C debentures.

Represented KABR Group in connection with a $55.3 million refinance of a loan from Acore Capital Mortgage for an industrial property on Jamaica Avenue in Hollis, Queens.

Represented a group of private investors on the acquisition of an inn in Lenox, MA and related operational agreements, including hotel management agreements.

Represented Summit Real Estate Ltd. in the acquisition of the Gallivant Times Square New York and the Shoreham Hotel, two boutique hotels located in Manhattan, in partnership with a New York real estate operator, on operational agreements including hotel management agreements.

Represented Preferred Bank in a $15 million refinance of a loan to an entity controlled by Namdar Realty Group, H Holding Group and Klosed Properties in the Mott Haven area of the Bronx, NY.

Advised Datto Holding Corp. (NYSE:MSP), the leading global provider of cloud-based software and technology solutions purpose-built for managed service providers (MSPs), as lead counsel in connection with its acquisition of BitDam Ltd. (“BitDam”), an Israel-based cyber threat detection company. BitDam’s cyber-defense platform secures collaboration tools, such as M365 and Google Workspace, from ransomware, malware, and phishing.

Represent Fotografiska, a Swedish photography destination, in connection with establishing its NYC flagship location at 281 Park Avenue South, New York.

Represented the KABR Group in connection with its participation in the development of the Canopy by Hilton Jersey City in downtown Jersey City, New Jersey.

Represented a venture that included Arch Real Estate Companies in connection with the development and financing of a planned six-story, mixed-use residential building at 11 Greene Street in Soho.

Represented an Israeli pension fund manager in connection with its acquisition of a 50% interest as co-lender with a major international bank in a $81.9 million syndicated loan secured by a hotel located in downtown Washington DC.

Represented an Israeli pension fund manager in the acquisition and administration of $58.6 million inventory loan for a mixed used condominium in Harlem, New York. In addition to the administration of the loan, Herrick facilitated the closings for each of the condominium units.

Represented Brack Capital Real Estate in the condo offering plan for 90 Morton Street as well as in the closing of multiple condo units for this West Village residential condo.