Mr. Hershey is a member of the Commercial and Corporate Litigation practice group. He concentrates his practice in areas of litigation involving unfair competition and business torts, trademark and copyright infringement, trade secret and employment law, antitrust issues, securities fraud, and related commercial disputes. Mr. Hershey also assists clients in the registration of trademarks and copyrights and counsels clients regarding intellectual property and antitrust issues in business disputes and transactions. Mr. Hershey has experience practicing before numerous state and federal courts and before the United States Patent & Trademark Office.
Business Torts and Breach of Contract
Litigates and analyzes claims concerning fraud, misrepresentation, breach of fiduciary duty, tortious interference, professional negligence, and defamation.
Litigates and analyzes claims for breach of contract, including brokerage and consulting agreements, letters of intent, financing agreements, employment agreements, commercial contracts, and franchise and licensing agreements.
Intellectual Property Infringement and Unfair Competition
Litigates and analyzes matters of trademark, trade dress, and patent infringement pending before United States District Courts and the United States International Trade Commission.
Litigates and analyzes trademark infringement claims, including issues concerning the acquisition of rights, market recognition, likelihood of confusion, infringement, actual damages, lost profits, and injunctive relief.
Litigates and analyzes copyright infringement claims, including issues concerning protectable subject matter, authorship, infringement, actual or statutory damages, and injunctive relief.
Litigates and analyzes trademark and copyright matters involving consumer products, food service markets and franchises, and sales or advertising on the Internet.
Litigates and analyzes claims of trade secret misappropriation and breach of the fiduciary duty of loyalty.
Litigates and analyzes claims of false advertising and unfair trade practices.
Antitrust and Securities Fraud
Analyzes and counsels clients concerning antitrust issues, including price fixing, group boycotts and horizontal restraints, non-price vertical restraints, merger oppositions, sham litigation, and Noerr-Pennington immunity.
Litigates and analyzes claims under the Securities Act of 1933, Securities Exchange Act of 1934, and associated regulations of the Securities Exchange Commission.
Represents a defendant accused of statutory securities fraud and common law liability arising out of one of the prominent securities scandals of recent years.
Employment Law
Litigates and analyzes claims of breach of the fiduciary duty of loyalty, breach of employment and non-compete agreements, trade secret misappropriation, and unfair competition in the employment setting.
Litigates and analyzes claims for health care and other employment benefits, including under the Employee Retirement Income Security Act (ERISA).
