Fashion Industry Software Litigation
Represented Fashionware Solutions Inc., in defeating the plaintiff-developer’s motion for a preliminary injunction to enjoin our client’s use and exploitation of its own custom developed fashion industry software under South African copyright law. (S.D.N.Y.)
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)
Luxury Candy Retailer – Co-Branding and Supply Agreement
Represented a well-known New York City candy retailer in negotiating an exclusive co-branding and supply agreement with a famous contemporary clothing company.
Plainfield Asset Management – Asprey
Represented Plainfield Asset Management LLC in a joint venture that acquired the luxury retailer Asprey through an equity investment and concurrent senior and senior subordinated debt facilities.
Fashion House Formation
Represented Nolining, a new high-end fashion house, in its formation and organization.
Turkish Clothing Manufacturer – Corporate Advice
Represented a clothing manufacturing company headquartered in Istanbul, Turkey with significant business operations in the U.S., regarding general corporate issues and real estate matters in the U.S.
LVMH Moët Hennessy Louis Vuitton – New York Counsel
Counsel to LVMH Moët Hennessy Louis Vuitton and the company's luxury brands in all New York real estate transactions.
Doyle New York – Asset Acquisition
Represented Doyle New York in its acquisition of selected assets of Summerfield's of Beverly Hills. We continue to advise Doyle in connection with local licensing and regulatory requirements.
Q4 America – Sports Apparel Startup
Representing Q4 America, a Los Angeles-based start-up performance basketball brand, in intellectual property matters related to the development of a new brand of sneakers, sponsorships, athlete endorsements and capital raises.
Rabina Properties – Amazon Fulfillment Center
Represented Rabina Properties in the financing and development of an 855,000-sq.-ft. fulfillment center for Amazon in North Haven, CT.
Jewelry Designer – Sale of Assets
Represented a premier designer, marketer and distributor of costume jewelry in the sale of its assets to one of the world's leading branded fashion accessories, footwear, and apparel companies.
Investment in E-Commerce Jewelry Retailer
Represented client in an investment in an E-commerce business that delivers jewelry to consumers on demand through its partnership with high-end jewelry brands.
Transfer of Assets and Brand of High-End Retail Clothing Company
Represented owners of a high-end retail clothing company in the successful transfer of the assets and brand to a competitor.
Retailer – Leasing Dispute
Represented a children’s retailer in a suit brought by the Metropolitan Transit Authority (MTA) for back rent and future rent (with personal liability) of almost half a million dollars on its lease at Grand Central Terminal. The Herrick team negotiated a favorable settlement on behalf of the client.
Fashion Designer – Flagship Manhattan Store Leasing Dispute
Represented, as co-counsel, one of the world’s largest luxury fashion designers, as plaintiff, in litigation with the landlord of its flagship Manhattan retail location. Victories on behalf of the client included a ruling enjoining the landlord from terminating our client’s lease, an order for our client to continue paying the current rent under the lease rather than a much higher amount requested by the landlord, and a decision rejecting the landlord's motion for our client to post an $83 million bond related to plans to demolish and redevelop the site. The dispute was resolved in a settlement, pursuant to which the client obtained a new, long-term lease.
Silas Capital – Investment in Boll & Branch
Represented Silas Capital in its investment in Boll & Branch (B&B), the leading designer and retailer of sustainable home goods. Silas Capital’s interests were ultimately sold when B&B received a $100 million strategic investment from a global consumer-focused private equity firm.
Luxury Retail Brand – Corporate Counselling
Represented luxury brand in general corporate matters including negotiating service and sponsorship arrangements.
Multinational Cosmetics Company – Favorable Resolution to Breach of Contract Action
Represented a multinational cosmetics company in litigation filed in New York federal court by a Washington, DC area retailer asserting breach of contract, detrimental reliance, and tortious interference claims, which sought monetary damages and a preliminary injunction preventing our client from violating a retailer agreement that allegedly required it to supply cosmetic products to the plaintiff. After obtaining an order denying the plaintiff’s motion for a preliminary injunction, Herrick negotiated a settlement on favorable terms that resolved the litigation.
Fashion House – Form of Consignment Agreement
Represented NoLining, a high-end fashion house, in preparing a form of consignment agreement to use for the sale of luxury leather handbags.
Property Owner – Landmarks Preservation Commission Guidelines
Represented the owners of a former bank branch in their attempts to lease the interior landmark space to a major national drugstore chain. We worked with the chain and its architects in adjusting its national store design guidelines to meet with standards set by the New York City Landmarks Preservation Commission.
Shoe Retailer – Shopping Center Leases
Represented a major U.S. men’s shoe company in its expansion into high-end shopping centers throughout the country.
RXR – Office and Retail Leasing
Representing RXR Realty, one of the largest real estate operating and investment companies in the New York tri-state area, in a wide range of office and retail leasing matters.
115 Spring Street Company – Soho Retail Condominium Formation and Sale
Represented 115 Spring Street Company in the formation and sale of a Soho retail condominium to SL Green.
Children’s Apparel Retailer – Sale Disposition Transaction
Representing an iconic children’s apparel retailer in a sale disposition transaction.
International Businesses – U.S. IP Rights
Represented various non-U.S. businesses in protecting their IP rights in the U.S., including a well-known UK apparel designer, a famous British artist, French technology companies, a Scandinavian media company, a French filmmaker, and a public Canadian technology company.
S. Rothschild & Co. – Counterfeit Apparel
Herrick represented long-time client S. Rothschild & Co., a leading brand manufacturer of women's outerwear, in shutting down sales of counterfeit apparel being sold at various supermarkets under its LARRY LEVINE registered trademark.
National Department Store Chain – Breach of Contract Dispute with Real Estate Brokerage Company
Defense of a national retail chain in litigation filed by a real estate brokerage company seeking damages related to an alleged breach of contract and other claims.
Retail Property Owner – Asbestos Remediation Litigation
Represented the owner of a Massachusetts retail property in a declaratory judgment action filed by the property's former owner following our client's demand that that the former owner pay the cost of remediating asbestos at the property. As an alternative to lengthy litigation, Herrick was able to engage the plaintiff in mediation which resulted in a very favorable settlement for our client.
JACHS NY, LLC – Distribution and Trademark License Agreement
Represented JACHS NY, LLC (formerly, Shirt by Shirt USA LLC) in negotiating an exclusive distribution and trademark license agreement, covering mainland China and Chinese retail website markets, with Zhejiang Bestall E-commerce Co. Ltd., a major Chinese distributor and licensee.
Gulaylar Group – Acquisition of Three-Story Retail Condo at Extell’s International Gem Tower
Represented Gulaylar Group, in connection with its purchase of a jewelry exchange in the heart of New York City's Diamond District. Istanbul-based Gulaylar Group, is one of Turkey's leading jewelry companies with headquarters located in Turkey's commercial gold center. The Gulaylar Group plans to leverage its retail development expertise to create a world-class jewelry exchange in New York City.
Luxury Apparel & Home Furnishing Company – Preferred Stock
Represented a start-up limited edition luxury apparel and home furnishing collections company in a seed capital preferred stock offering and corporate structuring matters, including the formation of an advisory board and the adoption of an equity incentive plan.
Fashionware Technologies Corp. – Intellectual Property Matters
Represented Fashionware Technologies Corp., a boutique technology solutions developer specializing in the fashion industry, in connection with intellectual property, marketing and corporate matters related to its proprietary Fashionware PLM software suite designed to manage the life cycle of products for apparel, footwear and soft goods companies.
Costume Jewelry Manufacturer – Copyright Infringement
Represented a major costume jewelry manufacturer in defending claims for copyright infringement and misappropriation of trade secrets (SDNY).