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J. Alexander Hershey

Member
fax +1 412.394.2555

J. Alexander Hershey assists clients with commercial and legal issues through business planning, negotiations, and litigation primarily involving acts of unfair competition.

Alex serves clients in a wide range of industries with matters involving intellectual property protection, antitrust liabilities and distribution risks, and disputes regarding fraud, contract breach, or other commercial wrongdoing. Alex helps to resolve these issues by partnering with clients to develop strategies, negotiate with counterparties, and, where necessary, litigate to secure a favorable result and achieve the client’s commercial goals.

Alex assists clients in protecting and litigating intellectual property rights, including trademark and false advertising claims, copyright infringement claims, and efforts to enforce patent rights. In addition, Alex regularly counsels clients with respect to antitrust law and protections, the antitrust implications of mergers and acquisitions, the legality of pricing, distribution, and supply arrangements, and potential legal claims and strategies related to such business arrangements. Alex has represented clients in filed and potential antitrust litigation in industries including health care, insurance, construction, transportation, and retail and wholesale products, among others. Such disputes have related to price and information sharing, discriminatory sales and pricing, exclusivity and refusals to deal, and market monopolization or manipulation. Finally, Alex addresses broad contract and commercial issues, including distribution and services contracts, license and confidentiality agreements, warranty and product liability matters, and fraud, misrepresentation, fiduciary breaches, and professional negligence. In these areas of practice, Alex represents clients in matters brought under state and federal statutes, including the Sherman and Clayton Acts, Lanham, Copyright and Patent Acts, federal Securities Acts, state unfair trade practices statutes, and the DTSA, RICO, ERISA, DMCA, CFAA, and ECPA statutes.

Alex provides practical and accurate advice as to the legal ramifications of business conduct. Alex also provides trusted advice and counsel through consultations and negotiations to avoid formal disputes and, when necessary, provides aggressive litigation services. Alex strives to help clients avoid and resolve issues and disputes efficiently and to guide clients to the best available outcome.

Education

J.D., with Honors, George Washington University Law School, Washington, D.C., 1999
B.A., Oberlin College, Oberlin, Ohio, 1994, Politics and Philosophy, Highest Honors in Politics for Thesis and for Written and Oral Honors Examination

Recognitions

Pennsylvania Super Lawyers, Rising Star, 2006, 2011, 2012

Memberships

Allegheny County Bar Association

American Bar Association

Board Member, Neighborhood Legal Services Association

Volunteer Lawyers for the Arts, Greater Pittsburgh Arts Council

Volunteer Attorney, HELP Program (Homeless Legal Protection)

State Bar Licenses

Pennsylvania, District of Columbia

Court Admissions

U.S. District Ct., W.D. of Pennsylvania
U.S. Court of Appeals, 3rd Circuit
Articles
  • 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
Presentations
  • 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

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.

The Clark Hill approach is equally pragmatic and growth-minded, which is why we understand our clients’ toughest business challenges. Our multidisciplinary, global team of advisors focuses on smart legal solutions, delivered simply.

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