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 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 counsels clients with respect to antitrust law and protections, the antitrust implications of mergers and acquisitions, and the legality of pricing, distribution, and supply arrangements. Finally, Alex addresses broad contract and commercial issues, including with respect to 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.
Pennsylvania Super Lawyers, Rising Star, 2006, 2011, 2012
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
- 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.