Matters

Sears Holdings Corporation, et al. v. Lampert, et al. (Bankr. S.D.N.Y.)

Serving as Co-Counsel to the Official Committee of Unsecured Creditors, on behalf of Debtors’ estates, in lawsuit asserting fraudulent transfer, breach of fiduciary duty, and related claims in connection with prepetition transactions totaling billions of dollars.

International Arbitration Dispute

Successfully defended an international manufacturer against a complex, multi-million-dollar breach of contract claim brought by a U.S. trading company involving the sale of petrochemicals, including an award of attorneys’ fees, expenses and costs. The representation included a seven-day trial involving multiple fact and expert witnesses.

Financial Services Advisory Firm – Motion to Dismiss Granted in Complex Business Dispute

Herrick successfully represented a financial services advisory in a complex business dispute, including breach of contract, shareholder and conversion claims, where the New York County Supreme Court granted our clients’ motion to dismiss the conversion claims and awarded our client costs and attorneys’ fees. The remaining claims are subject to a pending summary judgment motion.

Commercial Occupant – Summary Judgment Granted in Dispute with Landlord

Herrick successfully represented a commercial business in a dispute with their landlord where their landlord sought to evict them by issuing a notice to terminate their “tenancy” by issuing a 90-day termination notice. After the parties were unable to reach a settlement, Herrick filed a motion for summary judgment seeking dismissal of the proceeding. The Court ultimately granted our client's motion in its entirety and dismissed the proceeding due to the landlord’s failure to accurately describe their legal relationship.