Herrick obtained a motion to dismiss nearly in its entirety, with prejudice, in the Southern District of New York on behalf of our client, a real estate management company and its CEO. A former employee, who was operating his own competitive property management business, accused our client of breach of contract; employment discrimination; wage theft; and retaliation, under federal, New York and Maryland law.
Herrick represented an AI company serving the financial services sector and a senior executive in a trade secret dispute. In this matter, the executive’s former employer initiative a lawsuit in New York Supreme Court seeking a TRO and other injunctive relief which, after Herrick’s opposition, the Court denied. The former employer dismissed the lawsuit shortly thereafter. Herrick subsequently sued the former employer in arbitration for a declaratory judgment exonerating our clients—both the company and the executive. We simultaneously started a new lawsuit in New York Supreme Court against the former employer for fraud and tortious interference against our clients. A settlement was quickly negotiated on terms very favorable for our client, including the payment of attorneys’ fees and costs for our client.
Obtained a complete victory on behalf of the Executive Chairman of a publicly traded provider of digital accessibility solutions. Our client, along with the company and its CEO, were sued by a former executive after he was terminated for misrepresentations on his resume. After his termination, the plaintiff made allegations of retaliation and infliction of emotional distress. The Commercial Division dismissed all claims with prejudice.
Asserted and negotiated claims against mortgage servicer and credit rating agencies in respect of improper reporting of payment delinquencies during loan modification process, resulting in suppression of negative reporting and satisfactory improvement of credit rating.
Representing a global shipping company in a AAA arbitration in which client was awarded dismissal of a multi-million deferred compensation claim by a former executive.
Achieved a complete victory on behalf of its clients Inokim, an Israeli company that manufactures electric scooters, and Best Buy against certain Inokim shareholders who sued both companies for breaches of a licensing agreement and tortious interference arising from the distribution of Inokim electric scooters. The New York Supreme Court granted motions to dismiss all of the plaintiffs' claims on each of the alternative grounds offered—including improper service, lack of personal jurisdiction over our Israeli clients and lack of standing.
Representing a condominium board with respect to construction defect claims against sponsor and principals, and their construction and design professionals. Secured numerous favorable motion and discovery rulings, including denials of motions to dismiss contract and fraud claims and motions to compel discovery. The case is Board of Managers of 252 Condominium v. World-Wide Holdings Corp., Rose Associates, et al. (N.Y. Sup. Ct.).
Obtained both appellate and summary judgment victories in favor of shareholders of global logistics company, and in defense of oppression and related claims. The case is Estate of Stile v. C-Air Customhouse Brokers-Forwarders, Inc. et al. (N.Y. Sup. Ct.).
Serving as co-counsel to global mining company in a contract dispute relating to phytomining technology. The case is Viridian Resources v. Vale Canada (D.N.J.).
In a theft of trade secrets action, successfully obtained a temporary restraining order which (i) barred our client’s competitor from any further use or access to misappropriated trade secrets, (ii) enforced our client’s restrictive covenants against a former employee, and (iii) prohibited the competitor from contacting or soliciting dozens of customers identified in our client’s stolen information.
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.
Successfully resolved a dispute on behalf of a national cleaning solutions company in connection with trade secret misappropriation and breach of restrictive covenant claims.
The New York State Division of Human Rights granted a complete dismissal of claims in favor of the non-profit, finding that its former employee was not subject to discrimination on multiple grounds. This was a pro bono matter.
