employment litigation: matters
Inter-Dealer Brokerage Firm - $500 Million Raiding Case
Representation of an affiliate of a billion-dollar inter-dealer brokerage firm in a large "key employee raiding case" brought by a competitor whose stock market valuation declined 24% (approximately $450 million) in one day after our client hired approximately 20 of its credit derivatives brokers and employees. After an intense oral argument by our firm and other firms aligned with our client in the spring of 2008, the New York Supreme Court denied a temporary restraining order. A few months later, the court denied a preliminary injunction. Thus, the subject employees were permitted to work for our client. The matter is now in arbitration where we are defending hundreds of millions of dollars in claims.
Financial Services Firm - Employment Issue
Representation of key employees of financial services firm in a case brought by a competitor alleging misappropriation of confidential information and wrongful solicitation of clients.
Worldwide Leader of Intent - Based Solutions
Representation of company in employment litigation including defending an action commenced by a former employee alleging religious discrimination, and all aspects of employment matters including severance, contracts, and exit incentive plans.
Asset Management Company - Employment Issues
Representation of one of leading independent asset management companies in its defense of a wrongful termination action claiming religious discrimination, and in a separate action claiming discrimination based on disability. We continue to represent the company in all aspects of its employment disputes, and in risk management issues.
Small Bone Innovations - Employment Issues
Representation of Small Bone Innovations in all aspects of its employment disputes, risk management, restrictive covenant analysis, and the drafting and negotiation of executive contracts and severance agreements.
Business Services Company - Employment Issues
Representation of a company that provides maintenance, cleaning and security services to New York City businesses in employment disputes and risk management issues. We also conduct sensitivity training for the company.
Real Estate Brokerage - Employment Dispute
Representation of a real estate brokerage in an action by a former employee for age discrimination and breach of oral contract promising severance. The Court dismissed the breach of contract claim, finding the oral contract too vague to be enforceable.
Importer - Employment Issues
Representation of a major national cheese importer, processor and distributor in all aspects of its employment disputes, including contracts and risk management.
Carpet and Rug Manufacturer - Employment Issues
Representation of a carpet and rug manufacturer in employment disputes, restrictive covenant analysis and contract disputes, including a contract dispute and wrongful termination claim by a former employee claiming entitlement to a bonus.
Premier Global Financial Service Firm - FINRA
Defense of a premier global financial firm in a FINRA action involving claims brought by an investor for losses to retirement account resulting from alleged flawed asset allocation.
Financial Services Company
Defense of a pre-eminent financial services company in an arbitration involving numerous brokers who left a competitor to work for our client. The competitor claimed breach of non-solicitation and confidentiality provisions in the brokers' contracts.
Solar Energy Company - Breach of Contract
Representation of a solar energy company in connection with an employee's suspected breach of a non-compete agreement and breaches of fiduciary duty. Herrick advised the company on how to terminate the rogue employee and to secure evidence relating to any unfair competition engaged in by a competitor
Real Estate Technology Company - Employment Issues
Representation of a company specializing in data and analytics in the residential real estate industry in a lawsuit by a former employee claiming wrongful discharge on the basis of gender discrimination and sexual harassment. We also represent the company in all aspects of its employment disputes, including contracts and risk management.
Law Firm Partner - Profits Dispute
Representation of a partner in a law firm against the firm in an arbitration concerning unpaid profits. A 15-day trial resulted in an award to our client of nearly $500,000.
Broker/Dealer - Non-Solicitation Dispute
Representation of a registered broker/dealer in defending an action for a temporary restraining order brought by a competitor seeking to restrain our client’s brokers from contacting their respective clients.
Fitness Center - Employment Litigation
Representation of a New Jersey fitness center in its severance agreements and employment disputes, including an action for wrongful termination based on disability.
Insurance Company - Employment Contract Arbitration
Representation of an insurance company in an arbitration in which a general agent sued for damages for wrongful termination of contract. We proved that there was no breach of contract and no breach of the customs and usage in the industry.
Talent Management Services - Former Employee/Shareholder Litigation
Representation of a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
Garment Manufacturer - Employment Litigation
Representation of a garment manufacturer in a lawsuit by a former employee claiming discrimination based on perceived sexual orientation and a hostile work environment. We continue to represent the company in all aspects of its employment disputes, including contracts and risk management. We also conduct periodic sensitivity training for its staff.
Medical Device Company - Raiding
Representation of a medical device company in avoiding litigation threatened by a competitor over our client's hiring of several of the competitor's employees.
Medical Device Company - Employment Contract Litigation
Representation of a medical device company, and two individuals in a litigation brought in New Jersey state court by a competitor. The plaintiffs claimed that our clients had violated restrictive covenants in two former employees' contracts, and sought injunctive relief and damages. The Court denied injunctive relief, and the case settled before discovery with no payment by our clients.
Manufacturer - Shareholders Derivative Action
Representation of a manufacturer in defending against 15 claims of fraud and breach of an employment agreement by a shareholder employee. The trial court dismissed all of the critical claims in the case, and the case settled on the day of trial for its nuisance value.
Securities Brokers - Termination Litigation
Representation of brokers of a national retail brokerage firm in negotiating termination language on their form U-5s, in the subsequent NYSE regulatory inquiry into their terminations, and in making a written submission to recover allegedly forfeited deferred compensation.
Law Firm - Employment Discrimination Litigation
Representation on appeal of a prominent law firm in its defense of a lawsuit by a contract partner for sex discrimination and retaliation. The Appellate Division reversed the trial court and dismissed the case.
Ward v. Helmsley - Employment/Real Estate Litigation
Representation of the former COO of Helmsley Enterprises in a suit against Leona Helmsley related to an improper firing, breach of an agreement to sell 60 coop apartment units, and breach of a confidentiality agreement. This litigation received intensive publicity, with a front-page article in The Wall Street Journal, and articles in the New York Post and New York Daily News. Lead counsel Ray Hannigan was interviewed on Fox News and was a frequent "Boldface Name" in the New York Times. See Boldface Names, The New York Times (July 24, 2002).
Law Firm - Expulsion of Partner
Representation of a law firm through trial and on appeal in connection with the expulsion of a law partner. All of the claims were dismissed.