Represented Cohere Cyber Secure, a provider of cyber security and risk assessment services, in the sale of substantially all of its assets to Dataprise, a provider of managed IT, cybersecurity and cloud solutions.
Secured an extremely favorable settlement on behalf of a prominent national hotelier and restaurant developer in connection with an aggressively litigated action commenced by an SEC appointed receiver in the United States District Court for the District of New Jersey.
Represented a nationally renowned podcast host and author in an eight-figure business divorce.
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.
Herrick successfully represented the partial owner of a brokerage firm in dispute over the value of membership interest in the company. As a result, Herrick’s client was awarded substantially more than the purchaser’s initial offer.
Regularly represents NFP, a national insurance brokerage and consulting firm, in connection with a wide range of pre-litigation disputes (including coverage matters) and litigation.
Herrick successfully represented a nationally prominent commercial real estate firm in a motion to dismiss an amended complaint filed by a potential purchaser of a significant commercial condominium unit in Manhattan. After signing the purchase contract, the purchaser challenged certain aspects of the transaction. The New York County Commercial Division granted the seller’s motion to dismiss the purchaser’s amended complaint in its entirety and canceled the notice of pendency which was preventing our client from refinancing or selling the property.
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.
Represented a property owner as the plaintiff in a complex construction suit filed against the construction manager and licensed special inspector for a high-profile, luxury residential property in Manhattan. After multiple days of mediation, Herrick obtained a favorable settlement for the client.
Prevailed on a matter of first impression before the Appellate Division, First Department. At issue was the statute of limitations under Real Property Law (“RPL”) section 339-l, which provides that condominium common charges are to be held in trust for the benefit of materials suppliers, laborers, contractors, and other construction professionals, provided that (i) those individuals provided services benefitting condominium common elements and (ii) the services were provided at the request or consent of the board of managers. RPL § 339-l does not specify a statute of limitations, and a contractor sued Herrick’s client for a violation of the statute based on a five-year-old claim. At the trial court level, Herrick prevailed on a motion to dismiss, successfully arguing that, under prevailing law, a three-year statute of limitations applies to claims under RPL § 339-l, thus rendering the contractor's claims untimely. The motion to dismiss was unanimously affirmed on appeal, thus representing a complete victory for Herrick’s client. The case is ELM Suspension Sys., Inc. v. 45 E. 33rd St. Condo., 201 A.D.3d 498 (1st Dep’t 2022).
Successfully represented a synagogue in extinguishing restrictive covenants placed on its deed from the synagogue’s predecessor interest that were prohibiting a redevelopment project from moving forward.
Successfully represented a church in extinguishing an unsatisfied mortgage recorded against the church’s property, thus giving the church clean title.
Successfully obtained a Yellowstone injunction on behalf of a restaurant/nightlife establishment in Manhattan’s Meatpacking District.
Successfully represented a developer in an action to specifically perform a 15+ year option to purchase a plot a land in Poughkeepsie, New York and obtained an order permitting an assigned money judgment to offset the purchase price.
Represented the Board of a high-profile luxury condominium building in New York City in a complex dispute with the condominium sponsor relating to construction defects.
Herrick successfully represented a member of a prominent real estate family in the arbitration of a decades-long dispute over a family trust and estate, involving multiple family members and approximately $100 million in various assets. The core arguments in the case centered on whether or not the original arbitration award purporting to govern the rights to the estate was valid. The Court ultimately ruled in favor of Herrick's client, finding that the distribution of the estate was not an arbitrable matter, denied the petition to confirm and granted our motion to vacate the award.
Defended underwriter against claims alleging misrepresentations and self-dealing in connection with a multi-million-dollar municipal bond offering. This included federal securities fraud claims as well as common-law claims for fraud, breaches of fiduciary duty, negligence, aiding and abetting. After several years of litigation, the United States District Court for the Southern District of New York, citing “blatant acts of bad faith” by the plaintiff, ultimately issued a final order dismissing the entire case against Herrick’s client.
Representing investors, who invested approximately $100 million into a now-defunct hedge fund that had perpetrated, according to the SEC, a billion-dollar Ponzi-like scheme. The fund managers were convicted in a criminal action. The joint official Cayman Island liquidators recovered minimum assets from the liquidation and claims against the fund managers, which in total amounted to less than what the fund owed to its secured creditors. Herrick commenced an action against the funds’ auditors, the third-party administrator and others, asserting claims for breach of contract, breach of fiduciary duty and negligence. Herrick finalized multiple confidential settlements on terms favorable for our clients, and prevailed at trial on bitterly contested arbitration claims against non-settling parties which may result in recoveries for the investors exceeding 50% of their losses.
Represented a private lender in connection with multiple state and federal litigations related to a significant commercial property in Upper Saddle River, New Jersey.
Obtained summary judgment in New Jersey Chancery Court on behalf of a commercial real estate lender installing our client as the “Springing Member” of an LLC in default of its obligations to its lenders.
Represented a major legal services provider and two of its lawyers in successfully obtaining the dismissal of a sprawling 18 count fraud and federal civil rights complaint in the Southern District of New York.
Herrick represented the owner of commercial property in New York City in a breach of contract dispute. Our clients were sued by the former property manager who alleged the breach of an agreement to pay the former property manager a commercial brokerage leasing commission. The Herrick team obtained a total victory for our clients when, after several years of litigation, the New York State Supreme Court granted our client’s motion for summary judgment dismissing the former property manager’s complaint in its entirety.
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.
Representation of a national service provider in connection with a proceeding brought by the Florida State Regulators alleging failure to maintain a license. The case dropped with no action following Herrick’s submission in response to the complaint.
Herrick defended a national manufacturer and retailer, in a wage and hour case alleging improper classification of independent contractors and gap time and overtime claims. Herrick was successful in obtaining dismissal of the original complaint, requiring the Plaintiff to replead. The matter is currently being litigated in light of the Plaintiff’s filing of an amended pleading.
Represented real estate investment firm in breach of contract dispute regarding a books and records clause in a loan participation agreement. The New York State Supreme Court, Commercial Division granted summary judgment in favor of Herrick’s client and endorsed the interpretation of the books and records clause propounded by Herrick without exception. Under the order, the defendant was required to turn over a comprehensive set of its records to Herrick’s client. In addition to specific performance of the books and records clause, Herrick obtained an award of prevailing party legal fees.
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.
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.
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.
Represented a real estate owner in a bet-the-company dispute regarding the valuation of its capital contribution in a real estate venture. Herrick’s client owns property in North Carolina and contracted with a national developer to convey the site to joint venture entities for its phased development for residential, retail, hotel, and office use. A dispute arose concerning the proposed appraisal instructions governing the valuation designed to establish our client’s capital contribution. Namely, if the intended use of the property for affordable housing should be considered in ascertaining its fair market value. Following substantially varied party appraisals, the development agreement required baseball arbitration, including the appointment of an arbitrator to decide a dispute concerning the qualifications of a neutral appraiser and the selection of a neutral appraiser to determine the valuation of our client’s capital contribution. After submissions, discussions with party appraisers, and rounds of argument from counsel, the arbitrator sided with our client’s position on the qualifications of a neutral appraiser and the neutral appraiser selected our client’s appraisal—a valuation of more than fourteen million dollars more than the developer’s appraisal.
After litigation in New York Supreme Court Commercial Division, successfully secured settlement on behalf of investment banking client in significant commission dispute with former client.
On behalf of a Manhattan residential real estate developer, obtained a ruling of no liability on a breach of fiduciary duty claim brought by a partner in a major AAA arbitration.
On behalf of a global parking management company, secured dismissal of a federal class action pending in South Carolina concerning on-street parking enforcement.
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.
Herrick successfully obtained a court order requiring a commercial tenant to make use and occupancy payments during the pendency of an eviction and nonpayment action. The matter involved Gramercy Park Partners, LLC, owner of 2 Lexington Avenue—the site of the iconic Gramercy Park Hotel—seeking relief against its tenant for failure to pay rent and real estate taxes. The Supreme Court of New York directed the defendants to pay ongoing use and occupancy at the lease rate, as well as all outstanding and future real estate taxes.
Herrick represents a New York-based real estate investment and development company, in a high-profile dispute relating to the unfinished luxury high-rise in downtown Manhattan. Herrick brought litigation against the contractor and the surety bond company seeking nearly $80 million in claims related to geotechnical, engineering, architectural and construction management issues on the project
Herrick achieved a victory on behalf of our clients, an insurance company and related entities, their principals and high-profile real estate investors, in a matter involving insurance coverage issues for a company that manages hundreds of apartment buildings in New York City. The court dismissed every counterclaim against our clients, the individual and corporate counterclaim defendants, based on the defendant’s failure to state legally sufficient causes of action for breach of contract, unjust enrichment, conversion, tortious interference with business relations, civil conspiracy and accounting.
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 defended a managing general agent in a major breach of contract dispute with an insurance carrier seeking several hundred millions of dollars in damages. This case was high-stakes and complex, involving extensive document discovery, witness depositions, two motions to dismiss, several discovery disputes, numerous experts and an appeal of one motion to dismiss decision. Following intensive fact depositions, the parties reached a settlement on favorable terms for our client.
Herrick obtained summary judgment on a pre‑discovery motion, securing complete dismissal of a breach‑of‑contract action arising out of a multi‑forum, high‑net‑worth trust dispute. The plaintiff sued his mother claiming an alleged contract with his late father gave him ownership of a valuable residential property. In dismissing the action in its entirety, the Nassau County Supreme Court adopted Herrick’s arguments that the purported agreement failed under the Statute of Frauds and lacked consideration. There is a larger related litigation that remains ongoing.
Herrick secured a significant victory for a legal non-profit agency, obtaining summary judgment dismissing all claims against the organization in an action brought under the Adult Survivors Act. In this matter, the Plaintiff asserted negligent hiring and supervision claims based on alleged misconduct by the organization and an attorney. The Court agreed with Herrick that plaintiff failed to raise any triable issue of fact that the organization knew or should have known of any alleged propensity by the attorney to engage in the conduct at issue, and dismissed the claims in their entirety.
Achieved a significant victory in New Jersey federal court on behalf of a pharmaceutical company, securing the dismissal of our client from a putative class action alleging violations of consumer fraud laws in the marketing of product. Finding that the plaintiffs had failed to remedy basic pleading deficiencies in their original complaint, dismissed for lack of jurisdiction and failure to state a claim, the court dismissed the amended complaint with prejudice since “further amendment would be futile.”
The New York Appellate Division Third Department affirmed the Supreme Court's dismissal of all claims against a liability insurer in an environmental coverage litigation brought by the State of New York, arising from a petroleum discharge from an upstate New York gas station. Agreeing that coverage was excluded under our client’s liability policies, the court granted our motion for summary judgment while denying summary judgment motions brought by two of the other liability insurers of the company that supplied petroleum to the station, which the State had claimed was the responsible discharger under the NY Navigation Law.
Negotiated a settlement on behalf of a commercial bank resulting in the voluntary dismissal of all claims filed in a New Jersey state court by an asset manager seeking to hold the bank responsible for losses on a failed loan made to a furniture business prior to the business’ bankruptcy filing. Claiming that it had been induced into extending the loan based, in part, on a multi- million revolving credit line extended to the business by our client, the plaintiff argued that the credit line and our client’s alleged failure to adequately monitor the business gave the plaintiff the impression that the business was is better financial shape than it was. Following Herrick’s filing of a third-party complaint, repeated motions to dismiss and an aggressive discovery, the plaintiff dismissed its claims against our client without any payment or admission of wrongdoing while negotiating settlements from the remaining defendants.
Represented Google Inc. before the NJ Appellate Division, which affirmed summary judgment granted by the New Jersey Superior Court in favor of Google, dismissing claims by an online merchant for breach of contract and the covenant of good faith and fair dealing. The appellate court upheld the terms and enforceability of Google’s online merchant "click-wrap" agreement, including its liability limitations, while rejecting plaintiff’s claim that it was an unenforceable contract of adhesion. D’Agostino v. Appliances by Phone, Inc., et al., 2016 N.J. Super. Unpub. LEXIS 504 (Mar. 8, 2016).
Represented a professional baseball team in securing summary judgment in a federal court litigation arising from the breach of a multi-year advertising agreement with a mobile security firm. The court awarded our client $1.7 million, plus interest and late fees, as well as attorneys’ fees and costs.
Secured the dismissal of all claims against an Ireland-based software company and its US subsidiary filed in New York state court by an advisory firm alleging our client had breached the terms of a service agreement in which the plaintiff was to either find a buyer for the company or find entities willing to provide financing. Asserting breach of contract, fraudulent inducement and unjust enrichment, among other causes of action, the plaintiff further alleged that the agreement was breached just prior to a transaction which would have entitled the plaintiff to a significant fee. In its order, the court agreed that the plaintiff had failed to establish jurisdiction over the Ireland-based parent and that the U.S.-based entity was never a party to the agreement at issue.
Herrick secured an important victory before the Appellate Division, Second Department, obtaining a ruling affirming the trial court’s decision to overturn a Bet Din arbitration in which the arbitrator issued an additional award against our client after having already rendered a final award. The plaintiff had argued that the arbitrator’s first award of $425,000 was only an interim judgment and that the agreement vested the arbitrator with continuing authority to issue another award against our client, two years later and involving the same general subject matter, for an additional $3.75 million. Although courts rarely overturn arbitration awards, the appellate court agreed that the arbitrator lacked the authority to expand the previous award and affirmed the decision on the grounds that the arbitrator was "Functus Officio."
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.
Secured a favorable ruling from the Second Circuit on behalf of attorneys and their law firm in their appeal of a district court’s ruling holding them in contempt of court and sanctioning them for the alleged failure of their clients, the Republic of Iraq and Iraq's Ministry of Industry, to comply with a post-judgment discovery order. Finding that our clients had been given insufficient notice of the charges, and that the district court exceeded the bounds of its discretion when, under the circumstances, it proceeded to sua sponte find the attorney appellants in contempt, the Second Circuit vacated the order of contempt against our clients. In vacating the contempt finding, the Second Circuit also ruled that the attorneys had appellate jurisdiction even after the underlying case against their clients had settled and the judgment satisfied, a previously open question of law in this Circuit.
