Real Estate Firm – West Side Stadium Project – Naming Rights
Represented a prominent real estate firm, as lead counsel, in structuring and negotiating primary naming rights and secondary cornerstone sponsorship agreements for a proposed mixed-use real estate and stadium development project located on the west side of Manhattan.
Legends Hospitality – VenueNext
Represented Legends Hospitality in an investment in VenueNext, a technology company that provides smartphone-based software that gathers fan metrics and analytics at stadiums, arenas and other large scale entertainment venues.
Intelsat Corporation – 11th Circuit Victory in Fraudulent Conveyance Litigation
Represented Intelsat in its victory in the 11th Circuit, capping a 7-year litigation during which Herrick's arguments on behalf of Intelsat were upheld at every step. The trustee of the PSN USA Liquidating Trust originally sought to recover more than $7 million in disputed payments. During the discovery phase of the case, Herrick established that approximately $4 million of the payments were indisputably valid, leading the trustee to drop that portion of his claim. As to the remaining $3 million, the 11th Circuit's decision confirmed the decisions of the bankruptcy court and the district court that the payments to Intelsat could not be clawed back.
New York Market Radio – General Corporate
General corporate representation of New York Market Radio, a non-profit marketing association supported by the New York area radio stations.
New York City FC – Radio Broadcast Agreement
Represented New York City Football Club in a multi-year radio license with CBS Radio to broadcast the team's matches on WFAN 660 AM / 101.9 FM.
Palcap Advisors – Inergex Acquisition
Represented Palcap Advisors in its acquisition of Inergex, LLC, an IT services company, through a stock purchase and subsequent merger.
Telecommunications Company – NYC Fiber Optic Franchise
Represented a major new telecommunications company in negotiating and obtaining approval for New York City franchise to install fiber optic cable throughout the City of New York.
U.S. Commercial Bank – Hylan Credit Facility
Represented a U.S. commercial bank, as lender, in a secured credit facility consisting of a term loan and a revolving loan to Hylan, a fiber optic data communications contractor, to finance a recapitalization resulting in the sale of 50% of the company to a private equity firm. The loans are secured by a first lien on all present and future assets of the borrower.
Yankee Global Enterprises – 21st Century Fox Acquisition of YES Network
Represented the New York Yankees and Yankee Global Enterprises in 21st Century Fox's multi-billion dollar acquisition of a majority stake in the Yankees Entertainment and Sports Network (YES Network). The two-step acquisition raised 21st Century Fox's ownership position in the regional sports network to 80 per cent. The remaining 20 per cent stake continues to be held by Yankee Global Enterprises.
Google Inc. – NJ Appellate Division Affirms Summary Judgment
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).
Yankee Global Enterprises Affiliate – New York City FC
Represented an affiliate of Yankee Global Enterprises, LLC and the New York Yankees in their joint venture with Manchester City to create New York City FC, Major League Soccer's 20th franchise.
Telecommunications CEO – Dismissal of Securities Class Action
Represented the former CEO of a public telecommunications company in two securities fraud class actions stemming from the company's bankruptcy. The first complaint alleged fraud in connection with disclosures about the company's credit facility. The plaintiffs then filed a second class action alleging that our client engaged in accounting improprieties and caused the company to issue false financial statements. The court granted our motion to dismiss the second complaint, and we were able to obtain a settlement of the entire matter on terms that were very favorable to our client.
Yankee Global Enterprises – Senior Credit Facility
Represented Yankee Global Enterprises in the refinancing of its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises is a holding company that invests in media and sports-related businesses, including the New York Yankees.
Legends Hospitality – One World Trade Center Observatory
Represented Legends Hospitality in the development and operation of the observation deck at the top of One World Trade Center.
Regional Sports Network – $630 Million Credit Facility
Represented a leading regional sports network and franchise in the negotiation and closing of $630 million senior secured credit facility.
Online Marketing Company – National Leasing Matters
Represented an online marketing company in office lease agreements in a number of U.S. states, including New York, Boston, Arizona, Virginia and Texas.
Yankee Global Enterprises LLC – Refinancing
Represented Yankee Global Enterprises LLC in refinancing its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises LLC is a holding company that invests in media and sports related businesses, including the New York Yankees.
Legends Hospitality – Senior Secured Credit Facility
Represented Legends Hospitality, LLC and Legends Premium Sales, LLC in connection with their senior secured credit facility consisting of a term loan and a revolving credit facility with a letter of credit and swing line subfacilities. Legends Hospitality provides sports and entertainment venues with food, beverage, merchandise and other hospitality services.
Plainfield Asset Management – Wake Music Catalog
Represented Plainfield in selling the Wake Music Catalog—a catalog of approximately 4,000 songs, including hits by Jennifer Lopez and other internationally renowned recording artists.
Planet Hollywood – New Restaurant Leases
Represented Planet Hollywood International, Inc. in connection with the negotiation of leases for new restaurants in New York, Los Angeles and Boca Raton.
Documentary Film – Copyright Infringement
Represented the producers and director of a documentary film in an action for copyright infringement tied to the use of certain pre and post 1972 sound recordings as background music under public television compulsory license provisions of the Copyright Act. We negotiated an early settlement that was satisfactory to our clients with no economic impact.
Intelsat – Bantel, LLC
Represented Intelsat Corporation in chapter 11 proceedings of a satellite telecommunications company (S.D. Fla.)
Intelsat – Protostar
Represented Intelsat Corporation as successful purchaser of Protostar I satellite for $210 million in bankruptcy auction (D.Del.)
Intelsat – Sea Launch
Represented Intelsat Corporation in chapter 11 proceedings of satellite launch service provider (D.Del.)
Telecommunications Company – Class Action Dismissal
Represented a major telecommunications company in a New Jersey class action lawsuit alleging overcharges for telephone services.
Canadian Hydroelectric Utility – Swap Rate Agreements
Represented a Canadian hydroelectric utility on the enforceability and possible breaches of interest rate swap agreements it had entered into with one of the largest US insurance companies, which eventually became subject to the US financial bailout program.
Legends Hospitality – Joint Venture Formation
Represented Legends Hospitality LLC - a joint venture among the Yankees, Dallas Cowboys and two private equity firms—in setting up business operations (which include running concession services at stadiums, arenas and other large venues), obtaining necessary permits and authorizations in New York, New Jersey, Pennsylvania, Texas and Florida, and protecting the company's intellectual property rights.
General Counsel – Options Backdating Class Action
Represented the former General Counsel of a major technology company in a class action against the company concerning stock options backdating.
New York Yankees – Online Sweepstakes
Represented the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.
Computer Screen Interface Copyright Litigation
Represented Digital Dispatch Systems, Inc. in defeating the plaintiff’s motion for a preliminary injunction in a copyright action involving a computer screen interface. (Wireless TV Studios, Inc. v. Digital Dispatch Systems, Inc., E.D.N.Y.)
Yankee Stadium Technology Agreement
Represented the New York Yankees on their agreement with a technology developer that developed software to essentially run Yankee Stadium.
Private Equity Fund – Music Industry Deal Restructuring
Represented a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
Internet Company – Website Development and Contracts
Represented a prominent website design/development and interactive marketing company in all of its development and marketing contract work, and related counseling and advice. Our work includes revising the company's standard form development agreements, and assessing their insurance coverages.
New York City Union – Healthcare Software License
Represented a major New York City union and its benefits fund in negotiating software license and maintenance agreements and an ASP agreement with a large, publicly traded health care technology provider.
Reuters 3 Times Square Development
Represented Reuters in the development, construction and leasing of 3 Times Square, an 855,000-sq.-ft. office tower in Times Square.
Major International Technology Company – Government Procurement Assistance
Assistance to a multi-billion dollar technology company which provides automated time and attendance systems in its dealings with the City of New York's technology officials.
Telecommunications Equipment Company – New York City Comptroller Investigation
Represented a major telecommunications company in a high-profile investigation by the Comptroller of the City of New York into the sale of two-way radio equipment. We obtained full payment of multi-million dollar invoices for the company.
Financial Media Company – Lease Dispute
Represented a multi-billion dollar financial media company in a lease dispute involving approximately 180,000 sq. ft. of office space.
Newspaper Editor – Termination
Represented the former editor of a major New York newspaper in connection with his termination.
Sports TV Network – Formation
Formation and organization of a high profile, 24-hour cable sports television network.
Sports Company – Billion-Dollar Reorganization
Counsel to a premier integrated sports and media company in its billion-dollar ownership reorganization and restructuring.
Investors – Internet-Related Investments
Represented investors in acquiring controlling interests in, restructuring and/or liquidating, internet-related companies.
Horizon Telecom – Securities and Reorganization Issues
Represent Horizon Telecom, a publicly traded facilities-based telecommunications carrier that provides voice and data services to commercial, residential and local market segments, in connection with its securities law issues and the reorganization of its wireless personal communications service provider subsidiary.
Talent Management Services – Former Employee/Shareholder Litigation
Represented a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
New York Yankees – Wireless Lease Agreements
Represented the New York Yankees in their lease agreements with wireless carriers in the new Yankee stadium.
Former CEO – SEC Investigation
The former CEO of a major fiber optic company in an SEC investigation of accounting irregularities. After a grueling deposition and an in-depth Wells Submission, the SEC determined not to pursue any action against our client.
S. Rothschild & Co., Inc. – Cybersquatter Eviction
Represented S. Rothschild & Co. in its successful UDRP arbitration against a cybersquatter to recover a domain containing our client's registered trademark. S. Rothschild & Co., Inc. v. Bao Shui Chen, NAF Decision (Dec. 29, 2007)
Recording Artist and Music Publisher – Digital Copyright Infringement
Represented a recording artist and an international music publishing company in a federal court action for copyright infringement involving digital sampling of a sound recording.
1960’s Singing Group – Trademark Infringement
Kelly v. Duprees MJA, LLC, 2012 U.S. Dist. LEXIS 40597 (D. N.J. March 23, 2012). Represented the Estate of Michael Arnone, a co-founder of the famous 1960's vocal harmony group The Duprees, and its assignee, Duprees MJA, in obtaining summary judgment dismissing all claims alleging fraud on the USPTO, common law trademark infringement and violation of the New Jersey "Truth in Music" Act. The case was brought by a former singer who had joined the Duprees group in 1964, two years after they already had their first major hits, and left the group in the late 1970s, never to perform again. The dismissal on the merits brings to a close a six-year battle over the rights to the DUPREES name and rejects the notion that early members of a performing group can claim rights in the group's name if they abandon the group without securing a partnership agreement to the contrary or a license.
Hotel des Artistes, Inc. v. Cafe des Artistes, Inc.
Represented the Hotel des Artistes in TTAB cancellation proceedings, which resulted in the Hotel des Artistes recovering the famous Cafe des Artistes trademark registrations. Hotel des Artistes, Inc. v. Cafe des Artistes, Inc. (TTAB 1999)