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.
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.
Inter-Dealer Brokerage Firm – $500 Million Raiding Case
Represented the affiliate of a billion-dollar inter-dealer 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 After more than 240 hearing sessions, the matter was fully settled and all claims withdrawn.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.
Real Estate 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.
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.
Real Estate Brokerage – Employment Dispute
Represented a real estate brokerage in an action filed by a former employee for age discrimination and breach of oral contract promising severance.
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.
Garment Contractors – ERISA Pre-Emption Litigation
Representation of a group of garment contractors in a successful challenge on ERISA pre-emption grounds to a section of New York State Business Corporation Law.