Co-counsel to group of minority lenders challenging non-pro rata priming transaction entered into between borrower, majority lenders, and equity sponsor. The legal issues being litigated here (i.e., whether a private roll-up debt exchange qualifies as an “open market” purchase and good faith and fair dealing requirements) are hot items garnering significant attention in the market. This matter is ongoing.
In a theft of trade secrets action, Herrick successfully obtained a temporary restraining order in the New York County Commercial Division, which (i) barred our client’s competitor from any further use or access to misappropriated trade secrets, (ii) enforced our client’s restrictive covenants in a former employee’s employment agreement, and (iii) prohibited the competitor from contacting or soliciting dozens of customers identified in our client’s stolen information.
Represented real estate debtor as special litigation counsel. Won motion to dismiss adversary proceeding, which was affirmed on appeal.
Representing debtor in chapter 11 proceeding involving the William Vale Hotel, a luxury hotel in Brooklyn.
Representing foreign representative in chapter 15 proceedings involving Russian foreign debtor.
Successfully resolved a dispute on behalf of a national cleaning solutions company in connection with trade secret misappropriation and breach of restrictive covenant claims.
Representing mezzanine lender in connection with defaults under the mezzanine financing for a luxury hotel in New York City, including advising the lender on a potential UCC foreclosure of the hotel or a potential sale of the lender’s mezzanine loan to a third party.
