Profile

Howard Herman is a partner at New York City law firm Moses & Singer LLP. His areas of practice include Promotions Law, Employment and Labor, Internet/Technology, Intellectual Property, Entertainment Law, Corporate, Securities and M & A, Banking and Finance, Privacy and Private Funds.

Overview

Howard Herman has been practicing corporate, M&A and general commercial and transactional law for more than thirty years. He has been a partner with Moses & Singer since 1986, and is a chair of the firm’s Corporate, Securities and M&A and International Trade practices. Mr. Herman was recently honored as a "leader of client service excellence" by The 2010 BTI Client Service All-Stars, an elite group of 165 attorneys from 112 major law firms in the US nominated solely by clients for providing the absolute best in client service. He is also listed by Law & Politics in the 2010 New York Super Lawyers®.

Mr. Herman’s practice is very broad-based, and includes both public and private companies and institutional and non-institutional clients in a broad range of industries. His practice includes mergers and acquisitions; mezzanine, venture capital and senior debt financings; restructurings and reorganizations (both in and out of bankruptcy); project finance and public and private debt and equity offerings. He also represents funds sponsors and managers in connection with hedge funds, private equity funds and other private investment funds. He advises clients in all stages of their life cycle, from formation, through growth and capital raising through exit and succession planning, and works with his clients both on large transactions (such as financings and acquisitions) but as well on employment and compensation arrangements, governance issues, strategic partnerships, joint ventures, trade matters and other commercial issues.

Representative matters where Mr. Herman has played a leading role include the following:

• Represent client in branded content media business in sale of controlling interest to US subsidiary of Bertelsmann AG
• Represent mezzanine fund in $22 Million investment in company engaged in the frozen food industry
• Represent client in the paper industry in acquisitions of numerous paper merchants
• Represent a New York money center in a $3 Billion financing to publicly-traded REIT to fund acquisition
• Represent large, publicly-held client in the publishing and information industry with various acquisitions
• Represent one of New York’s largest commercial real estate brokers in sale of a controlling interest to a Canadian public company
• Represent an institutional fund sponsor in launching multiple hedge funds
• Represent a company in the metals business in negotiating standstill and forbearance agreement with its senior secured lender and negotiating a credit facility with a new lender
• Represent issuer in $150 Million project financing secured by a portfolio of green power projects
• Represent one of the largest U.S. anime companies in $120 Million sale to publicly-traded company
• Represent a specialty retailer in acquiring a competitor in a bankruptcy sale
• Represent company in sales agency agreement with Canadian pulp mill
• Represent private equity fund in creating and launching its fourth fund devoted to green investments in developing economies
• Represent start-up company in the filmed entertainment industry in its initial organization, obtaining initial financing and establishing numerous joint ventures
• Represent U.S. hedge fund in initial formation and launch
• Represent a specialty advertising company in a sale to Alloy Inc.
• Represent numerous investors in Madoff in connection with claims
• Represent mezzanine fund in $12 Million investment in restaurant and retail supply business
• Represent lead investor in a chain of high-end gyms in providing multiple rounds of additional financing

Professional Memberships

• Member, Board of Editors, Columbia Law Review, -
• Harlan Fiske Stone Scholar, -

Publications & Presentations

• "UPREIT Shares and Tacking under Rule 144", The New York Law Journal, Corporate Update Page, 07/1998
• Privacy: A Corporate Lawyer's Interdisciplinary Perspective, The Privacy Advisor, International Association of Privacy Professionals, 07/2003
• "Sellers and Manufacturers: Beware Anti-Slavery and Human Trafficking Law", Moses & Singer Client Alert, 01/2012
• "NYS Sales Tax: A Personal Liability Trap And A Limited Safe Harbor", Moses & Singer Client Alert, 01/2012
• "New York Introduces Benefit Corporations", Moses & Singer Client Alert, and New York Law Journal, 02/2012
• "The JOBS Act: New Avenues for Raising Capital", Moses & Singer Client Alert, 04/2012

Colleges Attended

• Columbia University School of Law, J.D.,
• State University of New York at Stony Brook, B.A.,

Languages Spoken

• English