Representative Matters

Establishing and Implementing Anti-Harassment Training for Private and Public Companies 
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.

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.

Appellate Win for Largest Israeli Defense, Aerospace and Aviation Company
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.

Represented Real Estate Owners in New York City Commission on Human Rights Housing Law Investigation
Represented various owners of residential properties in the successful conclusion of proceedings and investigations brought under the New York City Human Rights Law for accommodations and allegations of discrimination in housing.

Dismissal of Discrimination Claim
Dismissal of a complaint on behalf of the owner of a large residential community and its board of managers, where the New York State Division of Human Rights found no connection between the employer's actions and the complainant’s age, disability, national origin, race/color or sex.

Dismissal of Discrimination Claims Upheld on Appeal
Successfully defended 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.

Restrictive Covenant Litigation
Represented a leading residential real estate broker in a high-profile restrictive covenant dispute between a star broker and the broker’s former employer.

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.

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.

FINRA Employment Arbitration
Represented a broker-dealer in a complex employment arbitration brought by former employees seeking over $10 million in damages. The 60-session FINRA arbitration resulted in a virtually complete defense verdict for the client, including for attorneys’ fees. The award was confirmed in its entirety by the Southern District of New York.

Member Dispute - 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.