Thomas H. Herndon, Jr. is a Partner in Commercial Litigation, Corporate & Securities Law, Entertainment & Sports Law and Trusts & Estates Law practices at Davidoff Hutcher & Citron LLP. With over two decades of experience, he uses his vast knowledge of the law, across multiple practice areas to achieve favorable results for his clients. Mr. Herndon, Jr. routinely handles matters relating to corporate disputes, cyber litigation, transportation litigation, construction litigation, as well as corporate liability on behalf of his clients. He is also experienced in advising clients in matters relating to commercial real estate, labor & employment, corporate & regulatory compliance as well as corporate transactions & business.
General Commercial Litigation & Corporate Disputes
Mr. Herndon is an experienced litigator with experience in multiple forums. Mr. Herndon winds-down corporate businesses; commences and defends actions against shareholders who engaged in corporate waste, breach of fiduciary duties, and unfair business practices; litigates dissolution and derivative actions; and commences and defends post-judgment collection proceedings. He further litigates security fraud actions; defends individuals and companies in alleged Ponzi schemes; defends collective and class action proceedings; litigates misappropriation of private client cyber data as well as intellectual property disputes. He further represents his business clients in adversarial proceedings in bankruptcy court as well as collection proceedings. Additional, subcategories of matters
Cyber Litigation
Mr. Herndon advises corporate clients on cyber law issues arising under the Federal Trade Commission Act, the Gramm– Leach–Bliley Act, the Fair Credit Reporting Act, the Electronic Communications Privacy Act, the Communications Act, the Health Insurance Portability and Accountability Act, and the accompanying state laws. Mr. Herndon also routinely serves as a panelist regarding cutting edge cyber security laws for accounting, finance, and other professionals throughout the country.
Transportation Litigation
Mr. Herndon’s experience includes representing ridesharing companies and other start-up transportation companies. Mr. Herndon represents large and small international and domestic ambulette companies concerning federal and state regulatory and compliance issues, responds to audits, and litigates those issues before administrative agencies, underlying courts with jurisdiction, and appellate courts.
Construction Litigation and Compliance
Mr. Herndon litigates real property disputes between developers and the City and State of New York concerning landmark building disputes, challenges administrative rulings before Administrative Law Judges, and seeks appellate review by the courts when such review is necessary. Mr. Herndon counsels developers on zoning and land use laws for their construction projects, represents developers in administrative proceedings concerning zoning disputes, challenges administrative rulings in court, and works with city and state officials to address public policy concerns related to construction projects. He further litigates construction disputes concerning violations, stop work orders, defective concrete foundation work, water intrusion, and other environmental issues. Mr. Herndon is responsible for supervising all of the compliance and regulatory matters for all his corporate firm clients. This includes, inter alia, representing large and small developers, general contractors, and subcontractors concerning federal and state regulatory and compliance related issues concerning their construction projects in New York, New Jersey, the District of Columbia, and Massachusetts.
Labor & Employment
Mr. Herndon represents individuals and companies concerning age, race, sex, and disability discrimination charges and prosecutes and defends discrimination charges with the U.S. Equal Employment Opportunity Commission, the applicable state commissions, and in federal and state courts. He routinely litigates cases arising under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA). Additionally, Mr. Herndon counsels individuals and companies on reduction-in-force and reorganization matters as well as collective action wage, hour, overtime, and time shaving disputes under the FLSA and the applicable state and city laws.
Professional Liability/ Errors and Omissions Liability
Mr. Herndon represents licensed professionals such as doctors, healthcare providers, dentist, lawyers, engineers, architects, nurses, real estate brokers, and other licensed professionals arising under the performance of their professional service within the state of New York, New Jersey, the District of Columbia, and Massachusetts. Director and Officer Liability Herndon represents directors and officers, insurers and their insureds, in the defense of claims for a variety of issues arising under the exercise of their fiduciary duties and other company duties as officers. He has experience representing directors and officers, domestically and internationally, arising under securities laws, employment, white collar and all other laws that may arise under their businesses.
General Corporate & Corporate Governance
Mr. Herndon works with his business clients in selecting the best entity for their businesses and after formation, assists and counsels them through the initial as well as ongoing operations and corporate governance issues that arise in their day-to-day operations. He also negotiates a wide range of documents, including but not limited to, operating agreements; shareholders agreements; corporate by-laws; non-disclosure agreements; employment agreements; consulting agreements; software license agreements; vendor agreements; commercial leases; manufacturing agreements and any such other documents relevant in their businesses. He counsels business clients on corporate governance issues such as governmental investigations/audits, internal investigations, adherence to fiduciary duties, and other regulatory compliance matters.
Trusts & Estates
Mr. Herndon is experienced in managing and supervising all types of trusts and estates matters, including but not limited to, litigating matters in the probate and administration departments and preparing formal accountings in the accounting department in New York State Surrogate’s Court. Mr. Herndon’s trusts and estates’ practice, in particular, involves (i) obtaining letters of administration for clients, (ii) representing clients in contested proceedings, (iii) commencing proceedings on behalf of creditors against estates, and (iv) commencing proceedings for the formal accountings.
Entertainment & Sports Law
Mr. Herndon is experienced in managing and supervising all types of matters for clients involved in the entertainment and sports industry. Mr. Herndon’s entertainment and sports practice involves, among other things, representing entertainers and professional athletes in complex and multi-jurisdictional litigations, negotiating contracts and licensing agreements, and assisting with all other ancillary client needs.
Representative Matters
Over the past two decades, Mr. Herndon, Jr. has represented large public and private corporations, middle market companies and small business owners, entrepreneurs, entertainers, and professional athletes. Some of his representative matters include:
- Representing the estate of a former National Basketball Association player.
- Representing the estate of a famous African American art collector and gallery owner.
- Representing a creditor, former part-owner of a cooperative, and domestic partner of the deceased in the New York State Surrogate’s
- Court against the deceased’s issue.
- Representing various executors and administrators with regards to the formal accounting and other ancillary issues.
- Representing owners of New York and New Jersey buildings with regard to the negotiation of commercial leases.
- Representing national and international banks with regard to banking transactions and commercial disputes.
- Representing large developers with regard to financing of commercial and residential projects.
- Representing a large international developer’s estate with regard to projects throughout the world.
- Prosecuting several adversarial proceedings on behalf of creditors.
- Defending high-profile adversarial proceedings involving claims arising out of international law.
- Defending adversarial proceedings involving complex securities issues.
- Commenced several proceedings, post-judgment proceedings and collected monies domestically and internationally.
Prior to joining the firm, he was a Partner and Chair of a New Jersey-based middle market law firm’s Litigation group, handling a wider variety of litigation and general corporate matters in New York and New Jersey. He is a member of the National Bar Association.
Awards & Honors
- New Jersey Law Journal, 2021 Diverse Attorneys of the Year Award
- National Bar Association, Corporate Counsel Leadership Summit Panelist 2023
- Super Lawyers 2022
- “How Accounting & Finance Professionals Can Lead in a Big Data World” (Cyber Security) 2016
- The National Black Lawyers Top 40 Under 40 Award 2015
