J. Alexander Hershey

Experience:

• Represent industrial safety equipment manufacturer in product liability litigation.
• Represent clothing retailer in international trademark infringement and coexistence agreement litigation.
• Represent both buyers and sellers in post-acquisition net working capital and escrow claim disputes.
• Secured favorable resolution for participating employer in pension plan withdrawal liability and wrongful expulsion litigation.
• Prevailed for multiple retailers in the resolution of trademark opposition proceedings and related enforcement litigation.
• Favorably resolved false advertising, NAD, and potential FTC claims asserted against online food retailer.
• Prevailed for raw materials supplier to steel and related industries in multi-million dollar supply contract arbitration victory.
• Prevailed in defeating bad faith insurance practices claim asserted through multiple trials and appeals.
• Favorably resolved support agreement breach litigation asserted against network implementation services provider.
• Favorably resolved software misappropriation claims asserted against manufacturer of materials processing equipment.
• Favorably resolved private securities fraud, misrepresentation, and fiduciary duty claims asserted by clients against sellers.
• Favorably resolved legal malpractice action brought against multiple firms, including large international law firm client.
• Prevailed on jurisdictional and sovereign immunity defenses of judgment enforcement proceedings against Chinese corporation.
• Represented issuer’s counsel in defense of multi-million dollar securities fraud and related claims.
• Represent consumer and industrial products manufacturers in defense of warranty and product liability litigation.
• Represent clients in the court enforcement of non-compete agreements and related protection of proprietary information.
• Advise manufacturing, production, and distribution entities on merger, pricing, distribution, and related antitrust issues.
• Assist online distributor of construction products and buildings in enforcement of non-compete agreements and protections.
• Advise financial industry consulting firm in service contracts, start-up development, and general counsel services.
• Assist clients in the negotiation, drafting, and implementation of SaaS agreements and enterprise software licenses.
• Manage United States trademark registration portfolios of multiple retail, service, and consumer products providers.

• Column, “The Art of Litigation After COVID-19 – Taking Testimony by Videoconference,” Pennsylvania Law Weekly of The Legal Intelligencer, November 12, 2020
• Column, “On Both Social and Commercial Issues, the Roberts Court’s Disciplined Approach Produces Balanced Results,” Pennsylvania Law Weekly of The Legal Intelligencer, August 20, 2020
• Column, “The Post-COVID-19 Era Brings a New Age of Cybersecurity Concern,” Pennsylvania Law Weekly of The Legal Intelligencer, July 2, 2020
• Column, “Complexity and Cost in Antitrust and Other Unfair Competition Actions,” Pennsylvania Law Weekly of The Legal Intelligencer, October 13, 2016
• Column, “Reinstating Principles of Proportionality Into Litigation Practice,” Pennsylvania Law Weekly of The Legal Intelligencer, December 29, 2015
• Column, “Clinton, Brady and the High Threshold for Spoliation,” Pennsylvania Law Weekly of The Legal Intelligencer, October 6, 2015
• Column, “How the Federalist Papers Relate to Data Breach Legislation,” Pennsylvania Law Weekly of The Legal Intelligencer, April 7, 2015
• Column, “Chasing Jim Thorpe: Law, Litigation and the Bounds of Advocacy,” Pennsylvania Law Weekly of The Legal Intelligencer, December 23, 2014
• Column, “Courts Weigh in on the Protection of Software Code,” Pennsylvania Law Weekly of The Legal Intelligencer, October 21, 2014
• Column, “Supreme Court Diminishes the Role of Prudential Standing,” Pennsylvania Law Weekly of The Legal Intelligencer, July 22, 2014
• “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
• “The Real Dollars At Stake: Don’t Overlook The Value Of Protecting Your Copyrightable Materials,” Communiqué, May 2011
• 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
• “The Dangers of Being a Team Player: Joint Ventures and the Risk of Antitrust Liability,” Communiqué, May 2010
• “Third Circuit Decision Provides Guidance as to Protectability and Survey Evidence in Trademark Litigation,” Communiqué, September 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

• Presenter, “Advanced Piercing the Corporate Veil,” Pennsylvania Bar Institute, September 2018
• Presenter, “Litigating Breach of Contract Actions, Forum Selection and Settlement Efforts,” Pennsylvania Bar Institute, July 2015
• Presenter, “eDiscovery Symposium – Data Breaches – Privacy and Liability,” Pennsylvania Bar Institute, April 17, 2015
• Presenter, “The Role of Computer Forensics in Data Breach Response,” The Cyril H. Wecht Institute of Forensic Science and Law, Duquesne University, March 21, 2014
• Presenter and Course Planner, “Drafting to Avoid or Win Litigation / Litigating Breach of Contract Actions,” Pennsylvania Bar Institute, July 30, 2013
• Presenter, “Trade Secret Theft Is More Common Than You Think: What a Business Needs To Do To Protect Itself,” TRA Seminar, March 2012
• “E-Commerce: Legal and Practical Issues,” Pennsylvania Bar Institute Seminar, December 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
• 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
• Moderator, Local Rule 56.1 – The Judges Speak Out, The Federal Court Section Council of the Allegheny County Bar Association, April 24, 2008