Credit Facility and Term Loan
Represented one of the nation's largest cheese manufacturers in amending and extending its senior secured asset-based credit facilities into a $114.5 million revolving credit facility and a $5.5 million term loan. The proceeds are to be used for general corporate purposes.
Silas Capital – Investment in Boll & Branch
Represented Silas Capital in its investment in Boll & Branch (B&B), the leading designer and retailer of sustainable home goods. Silas Capital’s interests were ultimately sold when B&B received a $100 million strategic investment from a global consumer-focused private equity firm.
Venture Capital Investments
Representing a venture capital fund in numerous food and beverage sector investments.
VG Growth Partners – Hilary’s Eat Well
Represented VG Growth Partners in a preferred equity investment in a culinary specialty food business focused on healthful, allergen-free products.
Jewelry Designer – Sale of Assets
Represented a premier designer, marketer and distributor of costume jewelry in the sale of its assets to one of the world's leading branded fashion accessories, footwear, and apparel companies.
Aviation Services Company – Breach of Contract and Unjust Enrichment Claims
Negotiated a favorable settlement on behalf of an aviation services company to resolve breach of contract and unjust enrichment claims filed in New York federal court in connection with a business venture to purchase and modify a large commercial aircraft for a planned sale to a third-party for use as an executive business jet.
Bridgestone Firestone – National Counsel
For over thirty years, Herrick has served as regional counsel in New York and New Jersey for Bridgestone Americas Tire Operations LLC and its predecessors in connection with claims involving tires, rims, roofing materials, children's car seats, retail stores and employment matters. Since the company's recall of tires equipped on Ford Explorer vehicles in 2000, Herrick has acted with a small group of attorneys as National Counsel for the company and, in that capacity, has represented the company in hundreds of litigations pending around the country. Additionally, Firestone looks to Herrick for counsel and advice in crisis management and prevention. Summing up the relationship with the firm, the company's General Counsel stated "In the two decades we've worked with them, Herrick has proven to be the rare combination of top notch trial lawyers with solid business skills who know as much about presenting evidence to a jury as they do about risk management and cost containment."
Consumer Products Manufacturer – Class Action Defense
Represent a major consumer products manufacturer in consumer fraud class actions involving the marketing of food and cosmetic products.
The Goodyear Tire & Rubber Company – Product Liability Litigation
Represent Goodyear in product liability matters involving tires, rims, hoses, inflation tools, roofing products, retail stores and related real estate issues.
Consumer Products Manufacturer – Paraguayan Litigation
Represented an international consumer products manufacturer in a legal action brought against it in Paraguay. We are working with the U.S. State Department to deal with the unusual legal rulings involved.
Building Materials Manufacturer – Product Liability Disputes
Representing major manufacturer of commercial and residential roofing in multiple warranty claims.
Continental Tire – Product Liability Litigation
Representing Continental Tire North America, Inc. - the North American operations of global automotive manufacturing company Continental AG - in product liability matters.
Breach of Contract, Fraud and Unjust Enrichment Claims against Brazilian Bank
Successfully represented a U.S. specialty food manufacturer and importer in litigation filed in New Jersey federal court asserting breach of contract, fraud and unjust enrichment claims against a Brazilian bank and certain suppliers in connection with the bank’s alleged improper drawing on a standby letter of credit arranged by our client to finance the manufacture of food products in Brazil. After obtaining a recommendation from the Magistrate Judge, later confirmed by the district court, denying the bank’s motion to dismiss for lack of personal jurisdiction, Herrick secured a favorable settlement that resolved claims against the bank and later obtained a default judgment against the Brazilian supplier entities.
Silas Capital – Investment in LifeFactory
Represented Silas Capital in its investment in LifeFactory, a company involved in the design of safe, modern, and eco-friendly glassware, and glass baby and beverage bottles.
Consumer Products Company – Employment Arbitration
Represented a consumer products company in connection with an arbitration challenging the termination of a senior executive.
Silas Capital – Investment in Food Brand
Represented Silas Capital, a venture capital and private equity firm, in its minority investment in Vintage Italia LLC, owner of the Pasta Chips brand and a developing company engaged in premium snack foods.
Limited Liability Company Joint Venture
Represented client in the formation of a limited liability company to operate as a joint venture for the sourcing of raw diamonds.
Multinational Food & Beverage Company – Successful Defense in New Jersey Franchise Practices Litigation
Successfully defended the U.S. affiliate of a multinational food & beverage company sued in New Jersey federal court by a distributor alleging violation of the state's Franchise Practices Act. In both the district court and on appeal to the Third Circuit, Herrick delivered key victories in opposing the plaintiff's efforts to secure an injunction preventing our client from effecting its contractual right not to renew an exclusive distribution agreement between the parties. In the district court, we obtained rulings partially dismissing the complaint, denying plaintiff's motion for a preliminary injunction, and denying plaintiff's motion for an injunction pending its appeal to the U.S. Court of Appeals for the Third Circuit. Following expedited briefing, the appellate court found in our client's favor, affirming the district court's rulings. In light of these developments, the parties ultimately reached a settlement and stipulated to the dismissal of this litigation.
Global Automotive Manufacturer – Dismissal of All Claims in Product Liability Litigation
Herrick successfully defended the North American operations of a global automotive manufacturing company in product liability litigation involving claims based upon implied and express warranties, strict liability and negligence, all premised upon alleged property damage to a vehicle and consequential damages to a construction business caused by allegedly defective tires. The court dismissed all claims against our client, finding that the causes of action were barred under the economic loss doctrine.
Privately Held Business – Industrial Facility Development
Represented privately held waste-hauling and storage business in connection with the development of a waste treatment and disposal facility, to be located adjacent to a waste-to-energy industrial facility, that will provide for the transfer, treatment and processing of medical waste.
Lanco Corporation – Contract Dispute
Represented Lanco Corporation, a supplier of metal finishing and waste treatment equipment, in connection with a contract dispute by its freight forwarder and customs broker regarding an extension of credit and general lien.
Small Bone Innovations – Acquisition by Stryker Corporation
Represented Small Bone Innovations in its acquisition by Stryker Corporation, one of the world's leading medical technology companies, in an all-cash transaction valued at up to $375 million.
International Businesses – U.S. IP Rights
Represented various non-U.S. businesses in protecting their IP rights in the U.S., including a well-known UK apparel designer, a famous British artist, French technology companies, a Scandinavian media company, a French filmmaker, and a public Canadian technology company.
Multinational Tire Manufacturer – Consumer Fraud Class Action Defense
Successful defense of the North American subsidiary of a multinational automotive parts manufacturer in national consumer fraud class actions involving allegations that an innovative tire design was more susceptible to road hazard damage than regular tires. The firm’s successes on behalf of the client include obtaining an important, precedent setting decision from the Third Circuit Court of Appeals that vacated the lower court’s certification of a limited New Jersey sub-class of plaintiffs, and then later securing the dismissal of all but one of the claims asserted in a copycat class action, effectively precluding the plaintiffs from further pursuing the litigation.
Planet Hollywood Affiliate – Trademark Enforcement
Herrick successfully represented Buca, Inc., an affiliate of client Planet Hollywood, which operates the well-known "Buca di Beppo" chain of Italian restaurants and owns federal trademark registrations for BUCA, in compelling an Italian restaurant in Manhattan using the name "Buca Brick Oven" to change its name or face a trademark infringement action.
Legends Hospitality – Concessions Operations
Represented Legends Hospitality in transactions involving the operation of all food and beverage concessions and premium catering at both Angel Stadium of Anaheim and Tempe Diablo Stadium.
Rechler Equity Partners – Gabreski Airport Lease and Site Development
Represented Rechler Equity Partners on all aspects of their 40-year renewable ground lease to redevelop Suffolk County’s 55-acre Gabreski Airport.
LED Display Manufacturer – Employment Issues
Represented an LED display manufacturing company in employment issues, restrictive covenant enforceability, and contract disputes.
Manufacturing Facility Acquisition
Represented one of the nation's largest manufacturers of cheese in the acquisition of substantially all of the assets of a cheese manufacturing facility, including its real property.
Samsung Corporation – NY Real Estate Development
Represented Samsung Corporation in connection with a mixed-use real estate development in the New York region. We worked closely with Samsung’s executive and due diligence team in negotiating the purchase and key documents, completing the due diligence and locating a local developer partner in the U.S.
Fashion Industry Software Litigation
Represented Fashionware Solutions Inc., in defeating the plaintiff-developer’s motion for a preliminary injunction to enjoin our client’s use and exploitation of its own custom developed fashion industry software under South African copyright law. (S.D.N.Y.)
Computer Screen Interface Copyright Litigation
Represented Digital Dispatch Systems, Inc. in defeating the plaintiff’s motion for a preliminary injunction in a copyright action involving a computer screen interface. (Wireless TV Studios, Inc. v. Digital Dispatch Systems, Inc., E.D.N.Y.)
Product Manufacturer – Class Action
Represented a product manufacturer in a federal class action involving claims of consumer fraud and product liability.
Consumer Products Manufacturer – Product Liability
Defense of a major international consumer products manufacturer in actions arising from misuse of personal care products.
Major Paint Manufacturer – Lead Paint Nuisance Claim
Successful defense of a major paint manufacturer in a suit in which the New Jersey Supreme Court held that a public nuisance claim brought by 26 cities and counties seeking lead paint abatement and healthcare costs failed as a matter of law.
Tire Manufacturer – Antitrust Litigation
Represented a tire manufacturer in successfully defending an antitrust suit brought by an authorized dealer claiming that the manufacturer failed to make a tire available to the dealer that it made available to other authorized dealers.
Medical Practice – Equipment License
Represented a professional medical practice in connection with the license and turnkey delivery of nuclear cardiology imaging equipment and operation.
Private Equity Fund – Manufacturer Restructuring
Represented a global private equity fund in the restructuring of, and additional investment in, a leading US manufacturer of automotive and truck axles.
Real Estate Company – Northeast Distributor Leveraged Buyout
Represented a privately held real estate company in a leveraged buyout of the exclusive Northeast U.S. distributor of one of the country’s largest window and door manufacturers, including negotiation of the acquisition financing and the acquisition of real property for its new corporate headquarters.
Boards of Directors – Internal and SEC Insider Trading Investigations
Conducted an insider trading investigation on behalf of the boards of directors of two affiliated publicly owned computer software companies, and represented them in a related SEC investigation.
Severodonetsk Azot – Stopping Improper Government Seizure of Privatized Plant in Ukraine
Representation of a U.S.-based chemical company in a hard-fought dispute over the massive chemical plant, Severodonetsk Azot, in Eastern Ukraine. Corrupt political forces in Ukraine took control of our client’s plant through the commencement of a bogus lawsuit in Kiev and the outright seizure of the plant by a private militia. Herrick argued an appeal in Kiev’s court of appeals and also met, in Kiev, with Ukrainian ministries and the U.S. Embassy as part of a concerted effort to exert political pressure on the Ukrainian government to end the illegal actions.
As part of these efforts, Herrick alerted the New York Times to situation and the Times, in investigating the story, uncovered that the political dispute over the Severodonetsk Azot plant had led to Ukrainian President Yushchenko dismissing his prime minister and the rest of her government. See Deal for Ukraine Company Renews Charges of Abuse (The New York Times, Sept. 15 2005). The Ukrainian Supreme Court ultimately reversed the Kiev court and upheld our client’s ownership of the plant.
General Contractor – Lien Foreclosure
Representation of a general contractor in a lien foreclosure action against the Metropolitan Transit Authority and the owner of 2 Broadway, New York, the MTA's headquarters. After a trial on the merits, the New York State Supreme Court awarded our client damages in excess of $1 million.
Gem Company – Credit Facility
Representation of a gem company in a senior secured credit facility secured by rough diamonds located throughout the world.
New York City Union – Healthcare Software License
Represented a major New York City union and its benefits fund in negotiating software license and maintenance agreements and an ASP agreement with a large, publicly traded health care technology provider.
Deutsche Waggonbau – Long Island Railroad
Representation of Deutsche Waggonbau, the largest manufacturer of passenger cars in the world, in orchestrating the business, legal, regulatory and technical aspects of the $250 million project to supply the Long Island Rail Road with state-of-the-art railcars.
Unilever Technology Ventures Advisory Company – Venture Capital
Represented Unilever Technology Ventures Advisory Company LLC, an investment fund, in its formation and related investment advisory arrangement, and subsequent investments in technology-based start-up entities and venture capital funds. This fund is affiliated with Unilever NV.
Kaufman & Fisher Wish Company, Ltd., v. F.A.O. Schwarz
Successful defense of trade dress claims involving plush dolls. Kaufman & Fisher Wish Company, Ltd., v. F.A.O. Schwarz, 184 F.Supp.2d 311 (S.D.N.Y. 2002), aff`d, (2d Cir. order, Oct. 31, 2002)
Computer Hardware Manufacturer – Merger
Counsel to a New York Stock Exchange listed computer hardware manufacturer in connection with its merger, which created the largest independent provider of computer storage systems for storage area networks and the Internet.
Film Equipment Company – Equity Offering
Represented a leading manufacturer of film and lighting equipment for the motion picture industry, and its selling stockholders, in connection with a $30 million secondary equity offering; a $15 million equity offering; and a $9 million secondary equity offering. (Prior firm experience)
Pen Manufacturer – Trade Dress Claim
Successful defense of our client against trade dress claims brought by Montblanc over its "three-ring" pen design. We reached a settlement with no economic impact on our client. Montblanc-Simplo GMBH v. Omas SRL and Marcovici Designs, Inc., No. 97 Civ. 2055 (S.D.N.Y. 1997)