Registered Investment Advisory Firm – SEC Investigation

Represented Registered Investment Advisory Firm in SEC investigation into allegations of fraudulent misallocation of trades, also known as “cherry-picking.”  Following year-long representation, including document production and on-the-record testimony, the SEC determined to close the matter with no action taken against the client.

Hedge Fund – Federal Investigations

Represented a multi-billion dollar hedge fund firm in parallel SEC and US Attorney investigations.

Financial Professionals – FINRA Expungement Proceedings

Representing multiple clients in FINRA proceedings to expunge reportable events from the Central Registration Depository

Broker – FINRA Investigation

Represented a terminated broker in a FINRA investigation related to discretionary trading, and a negotiated departure from his firm.

Broker – FINRA Investigation

Successfully represented a broker in a FINRA investigation into selling away activities; FINRA closed the investigation with no action taken.

Real Estate LLC Shareholder – Breach of Fiduciary Duty Claims

Represented a significant stakeholder in 16 LLCs which own and manage a portfolio of Manhattan properties in pursuing breach of fiduciary duty and fraudulent inducement claims, as well as derivative claims for waste, conversion and unjust enrichment against the managing member.  

Executive – New York Attorney General Investigation

Successfully represented an executive in a New York State Attorney General investigation into financial improprieties and conflicts of interest.

Financial Consultant – FINRA Arbitration

Representing a senior financial consultant in a FINRA arbitration where certain employees alleged that the firm and the consultant constructively terminated them.

Title Insurance Company and Property Owner – Restrictive Covenant Dispute

Representing the owner of a vacant parcel of land in Westchester County, New York in a dispute with neighboring property owners over our client's plans to construct an affordable housing complex. Relying on a century-old restrictive covenant contained in a prior deed which prohibited development of a "tenement or flat-house" on the property, the neighboring property owners are attempting to block our client's planned development. Herrick is defending the owner's right to develop the property, arguing that the planned modern day apartment complex is not a "tenement or flat-house" within the meaning of the restrictive covenant, and that the restrictive covenant is unenforceable.

Technology Company – Licensing Dispute

Represented the developer of an innovative insurance product in New York State court litigation arising from the alleged breach of a licensing agreement which gave our client exclusive access to certain data that serves as the foundation for the new product. All claims were voluntarily dismissed under a settlement agreement, and the parties entered into a new, more favorable, licensing agreement.