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, antitrust, securities fraud, and related commercial and contract disputes. Mr. Hershey has experience practicing before numerous state and federal courts as well as in business counseling and the pre-complaint resolution of disputes.
Business Torts and Breach of Contract
Litigates and analyzes claims concerning fraud, misrepresentation, breach of fiduciary duty, professional negligence, and defamation.
Litigates claims for breach of contract, including brokerage and consulting agreements, letters of intent, financing agreements, employment agreements, commercial contracts, and third party beneficiary contracts.
Litigates insurance coverage disputes, including coverage of trademark infringement and environmental contamination.
Intellectual Property Infringement
Litigates and analyzes claims of trademark, trade dress, and patent infringement pending before United States District Courts and the United States International Trade Commission.
Litigates and analyzes copyright infringement claims, including issues concerning protectable subject matter, authorship, infringement, and actual or statutory damages.
Litigates insurance coverage claims for trademark infringement.
Trade Secrets and Unfair Competition
Litigates and analyzes claims of trade secret misappropriation, unfair trade practices, and breach of the fiduciary duty of loyalty.
Litigates and analyzes claims of false advertising, false designation of origin, and breach of intellectual property licenses.
Antitrust and Securities Fraud
Represents a defendant accused of statutory securities fraud and common law liability arising out of one of the prominent securities scandals of recent years.
Litigates and analyzes claims under the Securities Act of 1933, Securities Exchange Act of 1934, and associated regulations of the Securities Exchange Commission.
Litigates and counsels clients concerning antitrust issues, including group boycotts, reciprocal dealing arrangements, non-price vertical restraints, merger oppositions, sham litigation, Noerr-Pennington immunity and standard-setting abuses.
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.
Litigated claims regarding alleged Americans with Disabilities Act violations by a major retail chain, sexual harassment under federal and state law, and discriminatory termination of a whistle-blower under federal workplace safety law.
Environmental Law
Litigated environmental issues concerning the Fifth Amendment to the United States Constitution, the Endangered Species Act, and regulations of the United States Department of the Interior.
