IT Service Technology Agreement
A New York-based provider of managed IT services in negotiation of technology agreements to provide certain data and communications network services to commercial office buildings.
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.
Real Estate Software Owner – Software Licensing and Service Agreement
Represented a provider of a web-based, multi-tenant reporting tool that aggregates real estate agent and lender data, in its software licensing and service agreement with a financial services technology provider that specializes in mortgage pipeline risk management.
Leading Telecommunications Company – Successfully Defeated an Action at the Motion to Dismiss Stage
Herrick successfully defeated an action at the motion to dismiss stage for its client, a leading telecommunications company. The plaintiff, a public works contractor, sued the telecommunications company for over $2.2 million.
In opposing the motion, Herrick explained that whenever “interference work” is anticipated or involved in conjunction with a City project, the contract includes an addendum called “Section U” (or a specific directive from the City) that identifies what specific work is anticipated. The absence of a Section U addendum in the City contract confirmed that the telecommunications company had no obligation to pay for any protection work that was not agreed upon.
In his comprehensive 20-page decision, Justice Joel M. Cohen adopted all of our arguments, including on the relevance of Section U. This is particularly noteworthy because Courts rarely address these issues.