Representative Matters

Non-profit – Secured Dismissal of Discrimination Claims

The New York State Division of Human Rights granted a complete dismissal of claims in favor of the non-profit, finding that its former employee was not subject to discrimination on multiple grounds. This was a pro bono matter. 

Condominium Board – Construction Defect Claims

Representing a condominium board with respect to construction defect claims against sponsor and principals. The case is Board of Managers of 252 Condominium v. World-Wide Holdings Corp., et al. (N.Y. Sup. Ct.).

Global Logistics Company – Achieved Summary Judgment in Shareholder Dispute

Obtained both initial appellate and summary judgment victories in favor of shareholders of global logistics company, and in defense of oppression and related claims. The case is Estate of Stile v. C-Air Customhouse Brokers-Forwarders, Inc. et al. (N.Y. Sup. Ct.), and is currently pending subsequent appeal.

International Mining Company – Complex Contract Dispute

Serving as co-counsel to defendant in contract dispute. Successfully defeated motion to remand case to state court. The case is Viridian Resources v. Vale Canada (D.N.J.).

Successfully Obtained TRO in Theft of Trade Secrets Matter

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.

International Arbitration Dispute

Successfully defended an international manufacturer against a complex, multi-million dollar breach of contract claim brought by a U.S. trading company involving the sale of petrochemicals, including an award of attorneys’ fees, expenses and costs. The case primarily concerned whether a contract was formed under the UN Convention on Contracts for the International Sale of Goods (the CISG) or the UCC. The representation included a seven-day trial involving multiple fact and expert witnesses.

National Cleaning Solutions Company – Trade Secret Misappropriation and Breach of Restrictive Covenant Claims

Successfully resolved a dispute on behalf of a national cleaning solutions company in connection with trade secret misappropriation and breach of restrictive covenant claims.

Employment Mobility and Trade Secret Counseling

Advise numerous clients, including healthcare focused private equity firm and portfolio companies, and multinational IT consulting firm, with respect to employment contracts, restrictive covenants and trade secret protection.