JMH Development – Dispute Over Luxury Residential Development

Herrick achieved a significant victory for JMH Development, the managing member in a joint venture created to develop a luxury residential development in Miami, Florida, in a dispute against PSB, the joint venture’s partner, who asserted false claims including breach of contract and fiduciary duty, among others. After a lengthy and contentious litigation culminating in a 3-day bench trial, the court ruled in favor of JMH Development on every single claim and issue and dismissed the case.

Hedge Fund Investors – Litigation Against Hedge Funds’ Auditors and Administrator

Representing 95 investors, who invested over $100 million into now-defunct hedge funds, in an action against the funds’ auditors and administrator, asserting claims for breach of contract, breach of fiduciary duty and negligence.

Lehman Brothers

Represented a defendant in an adversary proceeding alleging breach of warranties in the sale of mortgage loans.

Luxury Residential Developer – Dispute with Investor

Representing the management company of a real estate joint venture, created to develop luxury residential properties in Miami, against claims asserted by a joint venture investor.

Commercial Real Estate Tenants – Pre-Discovery Summary Judgment Ruling Granting Specific Performance of Lease with Purchase Option

Represented Split Rail Holdings, LLC, tenants of a commercial real estate building in the Lower East Side and secured a victory on a pre-discovery summary judgment motion, obtaining specific performance of the lease, allowing Split Rail to purchase the property for $6.3 million.  The decision was affirmed by the Appellate Division, First Department. 

Real Estate Lender – Foreclosure Proceedings

Represent a New York-based lender, who provides loans to revitalize and recapitalize commercial real estate properties, in foreclosure and deficiency proceedings.

Title Insurance Company – Insurance Coverage Claim

Successfully defended a title insurance company in an action brought by a commercial property owner by obtaining dismissal of all claims on a motion to dismiss and defeating a motion to reargue.

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.

International Luxury Cosmetics Company – Employment Counseling

Advised an international, luxury makeup and skincare brand on employment contracts and employment policies.

Fin-Tech Company – Employment Counseling

Advise a fin-tech company on employment claims and employment contracts.

Employers – 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.