Matters

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.

Employers – Wage and Hour Litigation

Successfully obtained dismissal or early settlement of state and federal wage and hour individual and class claims (NYLL and FLSA), against employers in the real estate, healthcare, hospitality industries.

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.

Real Estate Owners – Represented in New Jersey Attorney General, Division on Civil Rights Investigation and Administrative Action

Represented owner of residential properties in the successful conclusion of proceedings and investigations brought by the New Jersey Attorney General, Division on Civil Rights for allegations of discrimination in housing.

Health Care Agency – 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 home health care agency, finding that its former employee was terminated for legitimate business reasons and not based on pregnancy, race, religion, family status, sex and/or 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.

New York City-based Private School – Secured Dismissal of Discrimination Claim Based on Conviction Record

Secured a finding of no probable cause and dismissal of discrimination claims before the New York State Division of Human Rights in favor of a New York City-based private school, finding that the school properly considered the factors under the New York Correction Law in deciding to terminate the employee.

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.

Health Care Provider – Secured Dismissal of Age Discrimination Claim

The New York State Division of Human Rights awarded a complete dismissal of discrimination claims in favor of the employer, a New York based health care provider. The Division found that a former employee was not terminated because of age, but for legitimate business reasons.

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.

Successfully Obtained TRO in Theft of Trade Secrets Matter

In a theft of trade secrets action, Herrick successfully obtained a temporary restraining order in the New York County Commercial Division, which (i) barred our client’s competitor from any further use or access to misappropriated trade secrets, (ii) enforced our client’s restrictive covenants in a former employee’s employment agreement, and (iii) prohibited the competitor from contacting or soliciting dozens of customers identified in our client’s stolen information.

Health Care Provider – Dismissal of Actions Alleging Discrimination and Retaliation

Successfully defended a healthcare provider against alleged sex and gender discrimination and retaliation claims by a former employee. Obtained full dismissal of all claims in the U.S. District Court in the Southern District of New York.

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.

Real Estate Management Company– Secured Dismissal of Discrimination Claims

The New Jersey State Division of Civil Rights awarded a complete dismissal of all claims in favor of a real estate management company, finding that the potential tenant was not denied a property rental based on discrimination due to race or national origin.

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.

Manufacturer – Secured Dismissal of Discrimination Claim

Secured a dismissal of charge of racial discrimination and retaliation claims before the U.S. Equal Employment Opportunity Commission (EEOC) in favor of the manufacturer employer.

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.

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.

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.

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.

DataTreasury Corp. – $100 Million Dispute with Former COO

Successful defense of DataTreasury Corp. in a 41-day bench trial arising from claims by the company's former Chief Operating Officer that he was entitled to exercise certain stock options granted to him during his tenure. We helped obtain a decision dismissing all of the former executive's claims, based on his disloyal conduct in trying to usurp business opportunities coupled with his failure to properly exercise the options, defeated the plaintiff's multiple post-trial motions, and successfully defended those decisions before the New York State Appellate Division, Second Department which unanimously affirmed.

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.

Nursing and Rehabilitation Center – Dismissal of FLSA Class Action

Successfully defended New York City-based nursing and rehabilitation center in a purported class action claiming violations of FLSA overtime provisions. Obtained a full dismissal of the complaint on a pre-answer motion to dismiss, which was converted into a motion for summary judgment.

Real Estate Management Company – Precedent Setting Decision in Wage & Hour Action

Successful defense of a real estate management company and its principal sued by a former residential janitor and two alleged former laborers at New York City properties managed by our client. The plaintiffs claimed minimum wage and overtime violations under the Fair Labor Standards Act and New York Labor Law, as well as related common law claims. The court granted, in substantial part, our motion to dismiss, striking 9 of the plaintiffs’ 12 claims in one of the first decisions to interpret the minimum wage and overtime provisions under New York law and the Minimum Wage Order for the Building Service Industry as they relate to residential janitors.

Successful Defense in Multi-Plaintiff Litigation Alleging Fraud, FLSA and Civil RICO Violations

Defended individuals and related corporations affiliated with a global network of yoga studios in a highly publicized lawsuit in Arizona federal court in which more than two dozen plaintiffs asserted claims including fraud, undue influence, unfair and deceptive business practices, emotional distress, FLSA violations and civil RICO violations. Following a ruling dismissing the majority of claims, this litigation was ultimately terminated when all remaining causes of action asserted in an amended complaint were either dismissed by the court or withdrawn by the plaintiffs.

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. 

Medical Device Company – Employment Contract Litigation

Represented a medical device company, and two individuals in a litigation brought in New Jersey state court by a competitor. The plaintiffs claimed that our clients had violated restrictive covenants in two former employees' contracts, and sought injunctive relief and damages. The Court denied injunctive relief, and the case settled before discovery with no payment by our clients.

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.

Medical Waste Disposal Company – Successful Defense of Unfair Labor Practice Claims

Represented a medical waste disposal company in a successful defense against unfair labor practice claims filed with the National Labor Relations Board involving allegations that the client refused to hire and wrongly discharged individuals based on their affiliation with a local union.

National Retail Chain – Pre-Trial Dismissal of Claims Under 42 U.S.C. § 1983 and The Fair Labor Standards Act

Obtained pre-trial dismissal of claims against a national retailer brought by a former employee under 42 U.S.C. § 1983 and The Fair Labor Standards Act, and attendant state law claims for malicious prosecution, negligence, punitive damages, false arrest and abuse of process.

National Energy Supplier – Wage/Hour Class Action

Negotiated a favorable settlement on behalf of a national energy service company, avoiding protracted litigation in a wage and hour class action lawsuit alleging violations of federal and state labor laws.

Network Technology Company — Wage/Hour Class Action

Successfully represented a network technology company in litigating and settling a putative class action lawsuit brought by network technicians based on an alleged failure to pay prevailing wages and benefits on publicly financed construction projects.

Healthcare Services Provider – Alleged Violations of FLSA and Connecticut Wage and Hour Laws

Negotiated a favorable settlement on behalf of a leading provider of mental health services to resolve litigation filed in Connecticut federal court by a former staff psychologist alleging wrongful termination and failure to pay wages pursuant to the Fair Labor Standards Act and Connecticut Wage and Hour law.

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.

Broker/Dealer – Non-Solicitation Dispute

Represented a registered broker/dealer in defending an action for a temporary restraining order brought by a competitor seeking to restrain our client’s brokers from contacting their respective clients.

Medical Device Company – Raiding

Represented a medical device company in avoiding litigation threatened by a competitor over our client's hiring of several of the competitor's employees.

Law Firm Partner – Profits Dispute

Representation of a partner in a law firm against the firm in an arbitration concerning unpaid profits. A 15-day trial resulted in an award to our client of nearly $500,000.