Matters

Public and Private Companies – Establishing and Implementing Policies and Anti-Harassment Training

Works extensively with audit committees, boards of directors, legal departments, and HR professionals to create and implement policies and procedures, and conduct training programs designed to combat illegal harassment, discrimination and retaliation in the workplace. Advise and counseling also includes navigating companies through the evolving laws, executive orders and guidelines concerning Covid-19.

Public Company – Secured Dismissal of Discrimination, Retaliation and Wrongful Termination Claims on Summary Judgment

NYS Supreme Court awarded summary judgment in favor of the employer, one of the largest independent owners, suppliers and operators of gasoline stations, finding that the former employee was not terminated because of his alleged disability or age, but rather for legitimate business reasons including egregious performance violations.

Israeli Defense, Aerospace and Aviation Company – Action Dismissed for Lack of Jurisdiction

Obtained dismissal of all claims asserted by a former employee against the largest Israeli defense, aerospace and aviation company. The plaintiff attempted to establish personal jurisdiction over the Israeli company in New York based on a theory that its wholly owned subsidiary operates as its domestic branch or “mere department” in the United States. While the trial court allowed the plaintiff to begin jurisdictional discovery, the Appellate Court reversed the trial court and dismissed our client from the litigation for lack of jurisdiction.

Brokerage Firm – Dismissal of Discrimination Claims Upheld on Appeal

Successful defense of a luxury real estate brokerage firm in an action alleging discrimination based on sexual orientation and marital status in violation of New York State and City Human Rights Laws.  Herrick secured the complete dismissal of the complaint in the trial court, and then successfully defended the ruling on plaintiffs’ appeal to the Appellate Division, First Department which upheld the dismissal, finding the plaintiffs had no cognizable claims against our clients who had sought to facilitate, not prevent, plaintiffs’ purchase of a cooperative apartment.

Residential Real Estate Broker – Restrictive Covenant Litigation

Secured the New York State Appellate Division, First Department's dismissal from a pending commercial litigation for lack of personal jurisdiction, finding that there was no personal jurisdiction solely on the basis of the corporate family’s New York presence.

Large Broker-Dealer – Employee Raiding Litigation

Represented a large broker-dealer in employee raiding litigation, brought by a competitor whose stock market valuation declined 24% following our client’s hire of a team of its credit and derivatives brokers. Following oral argument, the New York Supreme Court denied the plaintiff’s motions for a temporary restraining order and a preliminary injunction, which allowed the employees to work for our client.

Management Agent – Partnership Dispute

Negotiated a favorable settlement for a managing agent and its principals in a partnership dispute involving a real estate development venture in New York State. Prior to reaching the settlement, Herrick secured a number of advantageous rulings, including the pre-trial dismissal of three claims, which positioned our clients well in the negotiations that led to the partnership’s sale of its leasehold interest in the property.

Broker-Dealer – FINRA Employment Arbitration

Represented a broker-dealer in a complex employment arbitration brought by six former employees seeking over $10 Million in collective damages. This FINRA arbitration proceeded for 60 sessions, including 32 hearing days, and resulted in a virtually complete defense verdict for the firm, including for attorneys' fees. The award was confirmed in its entirety by the Southern District of New York.

Claim Based on Company’s Compliance with Vaccine Mandate Dismissed

The New York State Division of Human Rights awarded a complete dismissal of all claims in favor of a real estate management company. The Division found that the former employee’s termination was not discriminatory, but rather due to her failure to comply with the NYC Vaccine Mandate and therefore her termination was not wrongful.

New York City Real Estate Portfolio – Member Disputes/Mismanagement and Self-Dealing Action

Represented the majority owners of a New York City real estate portfolio in an action commenced by minority members, obtaining the dismissal of claims seeking to hold the members personally liable for looting, self-dealing and diversion of corporate assets.

Publicly Traded Company – Government Investigation

Represented a public company in the internal investigation of a senior officer who had engaged in bribery and self-dealing, resulting in significant monetary damages. Through civil litigation, and assistance from government authorities, Herrick was able to obtain full restitution for the company.

Represented Property Owner/Manager Charged with Discrimination in Housing Based on Sex

The New York State Division of Human Rights issued a finding of no probable cause and awarded a complete dismissal of all claims in favor of the property manager, finding that a tenant was not subject to discrimination based on sex and/or status as a victim of domestic violence. 

Residential Real Estate Management Company – Secured Dismissal of Discrimination Claims

The City of New York Commission on Human Rights awarded a complete dismissal of all discrimination claims in favor of a residential real estate management company, finding that the potential tenant was not denied a property rental based on her disability.

Energy Supply Company – Secured Dismissal of Age Discrimination Claim

The New York State Division of Human Rights awarded a complete dismissal in favor of our client, an energy supply company, finding that its former employee was not subject to discrimination or a hostile work environment based on age.

Commercial Bank – Secured Dismissal of Whistleblower Claims

Occupational Safety and Health Administration (OSHA) issued a finding of no reasonable cause dismissing claims brought by former bank employee who alleged that her termination violated federal whistleblowing laws.

Real Estate Management Company – Secured Dismissal of Discrimination and Retaliation Claims

The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a large real estate management company. The Division found that the former employee was terminated for legitimate business reasons, including egregious performance violations, and not based on age, disability, national origin, race or sex.

Claim Brought by Tenant under Housing Laws – Secured Dismissal

The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a real estate management company, finding that the potential tenant was not refused a property rental based on age and national origin.

Waste Management Company – Secured Dismissal of Discrimination Claims

The New York State Division of Human Rights awarded a complete dismissal of all discrimination claims in favor of a waste management company, finding that its former employee was not subject to discrimination based on disability.

Residential Brokerage – Raiding Dispute Favorably Resolved

Represented a major residential brokerage firm in a high-profile raiding dispute involving the improper recruitment of a former manager of one of our client’s key regional offices by a venture capital-backed competitor. This litigation was resolved favorably under a settlement agreement which imposed restrictions on any future recruitment of our client’s executives by the competitor in addition to certain financial terms.

Investment Bank – Restrictive Covenant Dispute

Represented a boutique investment bank in the pre-litigation resolution of a dispute with two former executives believed to have breached their employment agreements by misappropriating confidential information and soliciting clients after resigning their positions at the firm to join a direct competitor. 

Commercial Bank – Dismissal of Claims in Age Discrimination Litigation

Represented a U.S. commercial bank in connection with securing the dismissal of the majority of claims against it that were filed by a former executive of the bank over age discrimination allegations.

Inter-Dealer Brokerage Firm – $500 Million Raiding Case

Represented the U.S. affiliate of a billion-dollar inter-dealer French brokerage firm in a large "key employee raiding case" brought by a competitor whose stock market valuation declined 24% (approximately $450 million) on the day following our client’s hire of approximately 20 of its credit derivatives brokers and employees. Following an intense oral argument by Herrick and other firms aligned with our client, a New York Supreme Court denied the plaintiff’s motion for a temporary restraining order and later denied a motion for preliminary injunction in rulings which allowed the subject employees to work for our client. The dispute then moved to a FINRA arbitration where we defended hundreds of millions of dollars in claims. After more than 240 hearing sessions, the matter was fully settled and all claims withdrawn.

Asset Management Company – Employment Issues

Represented one of the leading independent asset management companies in its defense of a wrongful termination action claiming religious discrimination, and in a separate action claiming discrimination based on disability. We continue to represent the company in all aspects of its employment disputes, and in risk management issues.

Financial Services Firm – Allegations of Theft of Confidential Information / Wrongful Solicitation of Clients

Represented key employees of financial services firm in a case brought by a competitor alleging misappropriation of confidential information and wrongful solicitation of clients.

World-Class Asset Integrity Management – Employment Litigation

Represented a global asset integrity management company in the award of an injunction restraining competitor and key employees from raiding workforce, misappropriating confidential information and solicitation of customers.