J. Alexander Hershey

Licensing and Contract Disputes

- Successful defense at jury trial and on appeal of contract, fiduciary duty, and related claims between investment advisory and the estate of a former partner therein, in which the plaintiff asserted in excess of $5,000,000 in damages.  Davies v. Veenis, et al., GD-08-003019 (Allegheny County, Pa.).

- Favorable litigation and resolution as lead trial counsel of multimillion dollar claims and counterclaims in arbitration proceedings concerning the terms of licensing and distribution agreements between the developing licensor and a distributor of a medical device.  (Confidential Proceedings 2013).

- Favorable litigation as lead trial counsel in resolution of highly contested discovery and arbitration proceedings between national railroad carrier and shortline railroad concerning terms of switching and interchange agreements.  (Confidential Proceedings 2012).

- Litigation and resolution as trial counsel of an action to enforce restrictive covenants governing the use of a cultural center developed with public funds and charitable contributions.  In re The August Wilson Center for African American Culture, Orphan’s Division Case No. 6380 of 2013 (Allegheny County, Pa.).

- Litigation and resolution as co-lead counsel of claims concerning breach of services and software supply agreements between software reseller and purchaser.  Sarris Candies, Inc. v. Allin Consulting of Pennsylvania, Inc., GD-07-016464 (Allegheny County, Pa.).

-Litigation and resolution as lead counsel of claims concerning breach of services and software supply agreements between software reseller and purchaser.  IPEG, Inc. v. EAC Product Development Solutions, Inc., 2:14-cv-00319-LPL (W.D. Pa.).

-Litigation and resolution as lead counsel of claims concerning breach of services and software distribution agreements between software developer and purchaser.  IPEG, Inc. v. Cincom Systems, Inc., 2:13-cv-01820-JFC (W.D. Pa.).

-Favorable litigation as lead trial counsel in resolution of discovery and arbitration proceedings between supplier of resin in the automotive industry and a fabricator of automotive parts.  (Confidential Proceedings 2010).

- Favorable litigation as trial counsel in resolution of highly contested discovery and arbitration proceedings between seller of a specialty steel production company and an equity broker involved in the sale of the business to a multi-national steel producer, in which the claimant asserted in excess of $5,000,000 in damages.  (Confidential Proceedings 2009).

-Substituted as trial counsel and negotiated a resolution in highly contested litigation concerning the design and performance of a tool steel holding furnace.  Latrobe Steel Company v. Ajax Tocco Magnethermic Corporation v. Core Furnace Systems Corporation, Case No. 4:07-cv-01533 (N.D. Ohio).

Intellectual Property and Unfair Competition Disputes

- Litigation and resolution as lead plaintiff’s counsel of an action to enforce a non-compete and confidentiality agreement.  Absolute Capital Management, LLC v. Jenco, 2:15-cv-00343-NBF (W.D. Pa.).

- Lead counsel in litigation and resolution of copyright, trademark, and unfair competition claims brought between competing designers of jewelry.  Sabika, Inc. v. Manfred, Case 2:13-cv-00091-TFM (W.D. Pa.).

- Lead counsel in litigation and resolution of numerous cases of trademark infringement and unfair competition brought on behalf of an online retailer of flags and other consumer products.  See, e.g., Online Stores, Inc. v. Allied Products Corporation, 2:09-cv-00837-TFM-ARH (W.D. Pa.).

- Lead counsel in litigation and resolution of trade secret, unfair competition, and breach of non-compete claims brought on behalf of dealers of pre-engineered steel buildings.  Universal Steel Buildings Corp. and SDD Enterprises Corporation vs. Shawn Cortner, Donald Gilmore, et al., Case No. G.D. No. 10-003792 (Allegheny County).

- Lead counsel in litigation and resolution of copyright, trademark, trade secret, and unfair competition claims brought between competing providers of organizational and management consulting services.  Partners In Leadership Inc., et al., v. Questmark LLC, et al., 2:10-cv-00124-JFC (W.D. Pa.).

- Lead counsel in litigation and resolution of numerous cases of trademark infringement and unfair competition brought on behalf of a manufacturers and dealers of pre-engineered steel buildings.  Universal Steel Buildings Corp., et al. v. Shore Corp. One, 2:09-cv-00656-GLL (W.D. Pa.); 1994 Steel Factory Corporation, et al. v. Crown International Steel Buildings Systems Corporation, et al., 2:07-cv-00169-JFC-ARH (W.D. Pa.).

- Litigated and successfully resolved unfair competition claims between competing water filtration retailers.  Budget Water International, Inc. v. Expert Water Solutions, Inc., et al., 2:07-cv-00037-DWA (W.D. Pa.).

- Lead counsel in litigation and resolution of trademark infringement and unfair competition claims brought between competing restaurant franchisors.  Unique Pizza And Subs Corporation v. Pick Up Stix, Inc., 2:07-cv-01066-NBF (W.D. Pa.).

- Successful enforcement of non-compete provisions through hearings on preliminary injunction and subsequent negotiated resolution.  ATM Corporation, et al. v. Rayle, et al., 2:03-cv-00890-GLL (W. D. Pa.).

Fiduciary Duty and Business Tort Disputes

- Favorable design, administration, and negotiation of binding alternative dispute resolution process to resolve numerous individual and class securities fraud proceedings against outside counsel to issuer, in which the plaintiffs asserted in excess of $4 billion in losses.  In re Adelphia Communications Corporation Securities & Derivative Litigation, 03-MD-1529 (S.D.N.Y.).

- Favorable resolution and settlement of class action claims for fiduciary breach, alter ego liability, and WARN Act violations against former management of bankrupt manufacturing entity, in which the claimants asserted in excess of $16 million in total damages.  Schwab (Trustee) v. Excel Capital Partners, LLC, et al., 5:11-ap-308-RNO (Bankr. M.D. Pa).

- Secured summary judgment dismissing commercial product liability claims concerning the performance and failure of a broadcast antenna.  Vigilant Insurance Company v. SPX Corporation, 2:06-cv-00023-LPL (W.D. Pa.).

- Secured the dismissal of a default judgment of over $4,000,000 on Foreign Sovereign Immunities Act and personal jurisdiction grounds, which was affirmed on appeal.  Silverman v. China National Native Produce and Animal By-Products Import and Export Corp., et al., Civ. Act. Nos. 10639-1995, 10379-06, 10723-06 (Lawrence County, Pa.) and 1000 WDA 2009 (Pa. Super. Ct.).

Insurance and Managed Care Disputes

- Lead trial counsel in defense of claims of bad faith insurance practices on behalf of American General Life Insurance Company.  Mohney v. American General Life Insurance Company, 1995-0764 Civil (Armstrong County, Pa.).

- Secured the dismissal of class action provider claims against Blue Cross/Blue Shield plans seeking the direct payment of out-of-network reimbursements, which dismissal was affirmed on appeal.  Ambulance Assoc. of Pa., et al. v. Highmark Inc., et al., 2:10-cv-202 (W.D. Pa.), 11-2763 (3d Cir.).

- Litigated and successfully resolved individual and class action provider claims against a Medicaid managed care organization for payment of out-of-network reimbursements.  Mutual Aid Ambulance Service, Inc. v. Unison Health Plan of Pennsylvania, Inc., GD-02-004077 (Allegheny County, Pa.); Tristate Emergency Systems v. Unison Health Plan of Pennsylvania, Inc., No. GD-06-018902 (Allegheny County, Pa.).