Clark Hill Thorp Reed lawyers exemplify the firm’s commitment to hard work, high ethical standards and dedication to client service. Our attorneys practice in diverse areas of law, and combine a multidisciplinary approach to solving legal problems. The bottom line: Clients of Clark Hill Thorp Reed benefit from attorneys whose expertise and commitment deliver effective client outcomes and superior legal service.

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, health care and managed care law, antitrust issues, RICO claims, 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.

Education

• J.D., George Washington University Law School, 1999
  With Honors
  Notes Editor, The George Washington Law Review
• B.A., Politics and Philosophy, Oberlin College, 1994
  Highest Honors in Politics for Thesis and for Written and Oral Honors Examinations

Professional / Civic Activities

• Pennsylvania Super Lawyer Rising Star, 2012, 2011 and 2006
• Volunteer Lawyers for the Arts, Greater Pittsburgh Arts Council
• Volunteer Attorney, HELP Program (Homeless Legal Protection)
• Advisory Committee, Young Preservationists Association of Pittsburgh
• Member, Pittsburgh Regional Alliance Champions Program

Bar / Court Admissions

• ­Commonwealth of Pennsylvania
• District of Columbia
• U.S. District Court for the Western District of Pennsylvania
• U.S. Court of Appeals for the Third Circuit
• Member, American Bar Association
• Member, Allegheny County Bar Association

Publications / Presentations

• “Affordable Care Act’s Medical Loss Ratio Provision: Is There A Private Right Of Action?” Communiqué, November 2012.
• “Health Plans’ Commercial Uncertainties Persist After Supreme Court’s Decision Upholding the Affordable Care Act’s Constitutionality,” Communiqué, August 2012.
• Presenter, "Trade Secret Theft Is More Common Than You Think: What a Business Needs To Do To Protect Itself," TRA Seminar, March 2012.
• "The Real Dollars At Stake: Don’t Overlook The Value Of Protecting Your Copyrightable Materials," Communiqué, May 2011.
• "E-Commerce: Legal and Practical Issues," Pennsylvania Bar Institute Seminar, December 2010
• “The Dangers of Being a Team Player: Joint Ventures and the Risk of Antitrust Liability,” Communiqué, May 2010.
• Presenter, Mock Preliminary Injunction Hearing, 25th Annual ABA Intellectual Property Law Conference, April 10, 2010.
• Presenter, "Mitigating Legal Risk in a Recovering Economy," Financial Executives Institute, Pittsburgh Chapter Meeting, Technical Session, April 8, 2010.
• Author, “The Common Law and Secondary Liability: Issues of Culpability and Procedure in Trademark and Copyright Litigation,” ABA Intellectual Property Litigation Committee Newsletter, Vol. 21, No. 2, Winter 2010.
• Presenter, “The Fundamentals for Protecting Your Competitive Edge: Using Intellectual Property Law To Protect Your Company’s Assets And Fend Off Your Competition,” TRA Seminar, March 2010.
• “Third Circuit Decision Provides Guidance as to Protectability and Survey Evidence in Trademark Litigation,” Communiqué, September 2008.
• Moderator, Local Rule 56.1 - The Judges Speak Out, The Federal Court Section Council of the Allegheny County Bar Association, April 24, 2008.
• "A Victory for Antitrust Plaintiffs: The Third Circuit Issues a Decision Limiting the Plaintiff’s Burden in Robinson-Patman Act Claims," Communique, October 2007.
• "Are Your Secrets Confidential, and Will a Court Agree?" In Your Court, November 2005.
• "Supreme Court: Proof of Absence of Confusion is Not Good Faith Defense to Trademark Infringement," In Your Court, March 2005.
• “What’s New In Pennsylvania: The Pennsylvania Supreme Court Creates An Open Season On Architects And Other Design Professionals,” Construction Law News, March 2005.
• “Full and Accurate Disclosure: Protecting the Rights of Businesses to Commercial Information,” In Your Court, March 2005.
• "The Pennsylvania Supreme Court Partially Solidifies the Claim of Negligent Misrepresentation Under Pennsylvania Law,” Communiqué, March 2005.
• "Privilege or Justification: The Ever-Expanding Policy Prong of Tortious Interference With Contract," Business Torts Journal, Fall 2004.
• ­"Broad Reality, Narrow Words," 67 George Washington Law Review 432, 1999.

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.

Managed Care and Health Care Compliance and Litigation

• Litigates and analyzes claims regarding managed care payment practices, insurance coverage, and ERISA compliance.
• Analyzes and counsels clients concerning compliance with HIPPA and other health regulatory laws.
• Analyzes and counsels clients concerning the antitrust implications of physician, provider, and payor relationships.
• Analyzes and counsels clients concerning territorial branding and insurance regulatory issues.

Antitrust, RICO, 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 Racketeer Influenced and Corrupt Organizations Act (RICO), including in connection with alleged violations of the Hobbs Act and the federal Mail and Wire Fraud statutes.
• 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).