Proactive. Pragmatic. Principled.
With extensive experience in complex class action battles and a track record of creativity and innovation, Herrick helps its clients achieve positive results in smarter, more efficient ways.
Major companies turn to Herrick as lead counsel on national class action matters, and as local counsel for matters being tried in the high-profile courts of New York and New Jersey. Due to the sheer number of cases we have handled, our lawyers have earned the respect of the judges in these courts who hear class action cases, and we have relationships with the key counsel and other players in this highly specialized arena.
Herrick has served for many years as lead counsel, handling high-profile cases for two major tire manufacturers, as well as for leading companies in the food and beverage, telecommunications and title insurance industries.
Science makes the difference.
Herrick has developed a quantitative methodology for sizing up individual class actions and their potential financial implications. The foundation for this analysis is our extensive database of key class action cases and their outcomes, which we analyze to illuminate potential opportunities and pitfalls in our clients' cases. We help clients make major decisions about whether to defend, pursue a settlement, or seek other, more innovative remedies. Our primary objective is to help each client clearly understand the likelihood of a certain strategy's success, and to make timely decisions that can mitigate the potential for prolonged litigation and large bottom-line impact.
Finding creative alternatives – before a fight.
We put our client's interests first. We understand that the best strategy for certain cases may be a rigorous defense, and we have successfully defeated class action claims on motions and appeals. When it is necessary and appropriate, we also are experienced and resolute litigators. Yet, if we see an opportunity for the client to resolve their matter, shield against future litigation, and save millions of dollars in potential financial consequences, including legal fees -- we explore that opportunity with the client, drawing on our experience as legal strategists and tenacious negotiators.
Innovation generates savings.
We are pragmatic, business-focused lawyers. We care about our clients' bottom lines, and constantly seek ways to preserve their value. Our lawyers have had significant successes in narrowing the scope of case discovery, which can limit runaway legal costs. We also pioneer novel negotiating techniques: our clients have resolved class actions with little or no impact to their bottom lines. We are thought leaders in the social media field, and work with our clients to take full advantage of the new media to communicate their positions and desired results to vast audiences.
When it comes to fees, we are similarly innovative and flexible. We strive to align our compensation with the value we provide to our clients, using a range of alternative fee structures.
A broader perspective on class actions.
Our firm handles a substantial amount of class action defense assignments for many major corporations. But, unlike many firms, we selectively choose to work with plaintiffs in appropriate cases when we feel that their cause is just and their particular case has merit.
As an example, we recently represented several clients, investors in various Madoff feeder hedge funds, in achieving a global settlement of litigations arising out of the collapse of Bernard L. Madoff Investment Securities LLC. The settlement, over time, will provide for the return to our clients of about $206 million – nearly 100% of their investment.
Nothing gives greater perspective in developing a winning strategy than experience in "the other guy's shoes." Our understanding of how to help a client pursue a claim informs us how best to defend a claim when we are on the other side of the table. Knowledge is power and we bring all of our experience-based knowhow to the task in these complex cases.
Innovative thinking. Exploring new approaches. Achieving successful results. These are the hallmarks of Herrick's class action practice.