Thomas H. Herndon, Jr.

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.

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.

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, and the District of Columbia.

Mr. Herndon represents licensed professionals such as doctors, healthcare providers, dentists, 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, and the District of Columbia.

Mr. 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.

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.