Jonathan P. Hersey
Jonathan P. Hersey
Jon Hersey has more than 20 years of civil litigation and trial experience. He specializes in complex commercial, class action, and intellectual property disputes, particularly those involving claims of breach of contract, unfair competition, merger and acquisition earn-outs, protection of creditors’ rights, misappropriation of trade secrets, fraud, lender liability, and other business torts. He has extensive experience representing computer industry, manufacturing and distribution businesses, and financial institutions in federal and state courts, and in private arbitrations and mediations.
Prior to founding Slater Hersey & Lieberman LLP, Jon was a partner in the Business Trial practice group of Sheppard Mullin Richter & Hampton LLP, and was co-chair of the firm’s E-Discovery Team. Before that, Jon was Counsel with the firm of Bingham McCutchen LLP. After law school, he served as a Law Clerk for the Honorable David V. Kenyon, U.S. District Court Judge (ret.) in the Central District of California.
Jon is also one of the founders of Education Unlimited, Inc., a California corporation offering academically-oriented summer camps and scholastic programs for high school and grammar school students, including college admissions preparation, acting and theater arts, computer usage and programming, Sally Ride Science Camps, public speaking and competitive speech and debate.
Jon lives in Orange County with his wife, Kati, and their two children, Ryan and Rebecca. In his free time, he enjoys movies, music, a far too infrequent round of golf, and coaching his kids’ soccer teams and refereeing youth soccer games. He admits to joining his first fantasy football league in 1984.
- American Bar Association
- Orange County Bar Association
- Association of Business Trial Lawyers
- Litigation Section, State Bar of California
- After a two-week jury trial in Los Angeles County Superior Court, obtained a complete verdict in favor of client Bay Boat Rentals, Inc. against two former managers who had defrauded and stolen from the business. The jury awarded Bay Boat Rentals approximately a quarter-million dollars of damages, costs and punitive damages, and rejected the former managers’ demand for $1.4 million for alleged wrongful termination, slander and denial of stock ownership.
- Represented national plastic products manufacturer Rehrig Pacific Company in federal court against claims of trademark infringement, patent co-inventorship, fraud and unfair business practices by a plaintiff demanding in excess of $6 million of damages. Achieved complete dismissal of all claims prior to trial.
- Represented a national office technology and imaging channel business in a 5-day trial in Delaware Chancery Court against a former business partner and its affiliates; the court issued a final judgment in the client’s favor that the former partner had breached a non-compete agreement and tortiously interfered with the business, thereby resulting in a favorable settlement.
- Represented national media company in 3-day trial in Los Angeles County Superior Court resulting in complete defense of claims against client for fraud and unfair business practices, and obtaining judgment in client’s favor on a cross-claim against the plaintiff for breach of contract.
- Successfully represented world’s largest technology distributor Ingram Micro Inc. in 4-day binding arbitration in New York brought by national speaker manufacturer demanding $30 million of damages for alleged breach of contract, trademark/trade dress infringement and copyright violations.
- Obtained appellate decision affirming denial of certification of nationwide class of more than 100,000 borrowers seeking $150+ million of damages and rescission of loans from clients LendingTree and LendingTree Loans.
- Represented Ingram Micro in multi-district securities, fraud and bankruptcy proceedings arising from 2005 collapse of Refco, Inc.
- Favorably settled class action and individual claims of alleged Truth In Lending Act violations for client Pacific Mercantile Bank.
- Obtained directed verdict after federal court trial for client DBI Distributing in case concerning issues of first impression of the transfer of beer distributorship rights under California’s Brand Transfer Law, Business & Professions Code section 25000.2
- Obtained a complete defense verdict after a three-week binding arbitration for a client accused of misappropriating trade secrets and patent infringement related to the development of a groundbreaking wearable artificial kidney dialysis device.
- Prevailed in litigation and accounting arbitration of purchase price adjustment arising from client Ingram Micro’s $96 million acquisition of target company.
- Successfully defended claims of fraud and breach of fiduciary duty brought against client TransAsia Infrastructure in U.S. federal court and Singapore International Arbitration Centre enabling $75 million sale of India’s largest tollway bridge project.
- Managed multi-state litigation resulting in very favorable settlement for Ingram Micro following sudden closure of CompUSA.
- Favorable settlement weeks before trial of lawsuit demanding that the client return an alleged seven-figure preferential transfer to a bankruptcy estate.
- Defended national credit card processing company against breach of contract and trademark infringement claims brought by a worldwide credit card brand network, and pursued antitrust and other unfair competition claims on behalf of the processing company.
- Represented KPMG in litigation seeking damages in excess of $60 million allegedly resulting from illegal off-shore tax shelter advice.
- Represented Ingram Micro Inc. in insurance coverage action concerning business interruption caused by damage to computer network and obtained precedent-setting ruling that loss of computer programming is physical damage.
- Obtained summary judgment in favor of state agency low income housing lender against a $10 million cross-claim alleging fraudulent representations in the agency’s loan documents.
- Mediated the favorable settlement of a class action complaint against Chase Bank accused of unfair business practices and privacy violations.
- J.D., University of California, Los Angeles, 1996
Articles Editor of UCLA Law Review
Member of Moot Court Honors Board
- B.A., University of California, Berkeley, 1993
High Honors and Special Distinction
- Ninth Circuit Court of Appeals
- Federal District Courts for the Central, Southern, Eastern, and Northern Districts of California
- U.S. Court of Appeals for the Federal Circuit
- Client Service All-Star, The BTI Consulting Group
- Constitutional Rights Foundation-Orange County Board of Directors and Mock Trial Committee
- Tustin AYSO Board of Directors; Regional Commissioner 2014-present
- Friends of Cal Forensics Board of Directors
- YMCA Indian Guides and Princesses
- “Electronic Discovery and Document Storage: Management and Litigation Issues,” Speaker. Lorman Seminar, Santa Ana, California, May 2011
- “California Passes New Electronic Discovery Act Effective Immediately,” Co-author. Financial Institutions Law Blog, June 2009
- “Offensive and Defensive Strategies of E-Discovery,” Speaker. Lorman Seminar, Santa Ana, California, April 2008
- “E-Discovery in Practice,” Panelist. Applied Discovery CLE Presentation, San Diego, California, August 2007
- “Mock Rule 26(f) Conference – A Day in the Life of an e-Discovery Case,” Panelist. San Diego Bar Association, San Diego, California, May 2007
- “International Implications of U.S. E-Discovery Rules,” Speaker. Barrera, Siqueiros y Torres Landa, S.C., Monterrey, Mexico, April 2007
- “Understanding the E-Discovery Amendments to the U.S. Federal Rules of Civil Procedure,” Speaker. Barrera, Siqueiros y Torres Landa, S.C., Mexico City, Mexico, March 2007
- “E-Discovery: Planning, Privileges and Production,” Panelist. Association of Corporate Counsel of America, Los Angeles and Orange County Chapters, October 2005.
- “You’re Disconnected… Are You Insured?” Co-author. McCutchen Update, April 2002.
- “The Digital Looking Glass: Discovery, Retention and Admissibility of Electronic Evidence,” Co-author. American Bar Association, Section of Litigation, July 2000.
- “Viruses, Hackers and Outages: Who Pays?” Co-author. Mealy’s Cyber Tech Litigation Report, June 2000.
- “Challenging Challenge Inspections: A Fourth Amendment Analysis of the Chemical Weapons Convention”. 25 Fla. St. U. L. Rev. 569 (Spring 1998).