Jonathan P. Hersey

Defended a flavor development and manufacturing company against accusations of theft of drink formula, breach of commission agreement, and interference with contract.

Represented Ingram Micro in multi-district securities, fraud and bankruptcy proceedings from 2005 to 2015 arising from collapse of Refco, Inc, including handling responses to numerous subpoenas and witness interviews by FBI, SEC, CFTC and court-appointed bankruptcy examiner. Obtained complete dismissal of all private party claims by motions to dismiss, which was affirmed by the Second Circuit Court of Appeals.

Represented a national office technology and imaging channel business MWAi 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, resulting in a favorable settlement after trial without appeal.

Litigated and obtained order denying 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; decision affirmed on appeal and case favorable settled.

Implemented multi-state litigation strategy resulting in payment of 100% of $15.6 million of outstanding invoices owed to client following sudden closure and threatened bankruptcy of CompUSA.

Mediated the favorable settlement of a class action complaint against Chase Bank accused of consumer privacy violations and unfair business practices.

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.

Prevailed in accounting arbitration of $10 million purchase price adjustment arising from client Ingram Micro’s $96 million acquisition of target company.

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 defrauded and stole from the business. The jury awarded Bay Boat Rentals approximately 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 media company, Viamedia, 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 obtained judgment in client’s favor on a cross-claim against the plaintiff for breach of contract.

Favorably settled class action and individual claims of alleged Truth In Lending Act violations for client Pacific Mercantile Bank.

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 resulting in $75 million investment in client’s ownership of India’s largest tollway bridge project.

Represented global technology distributor, Ingram Micro, in insurance coverage action for business interruption caused by damage to computer network and obtained precedent-setting ruling that loss of computer programming is physical damage covered by the all-risk insurance policy.

Represented KPMG in litigation seeking damages in excess of $60 million allegedly resulting from illegal off-shore tax shelter advice.

Reached very favorable settlement and complete dismissal for artificial intelligence software developer and consulting services provider, Axis Technical Group, in case alleging software copyright infringement and theft of trade secrets.

Represented PayForward LLC with claims against Barclays Bank for infringement of “cashforward” mark resulting in extremely favorable settlement and assignment of mark.

Obtained appellate decision affirming denial of certification of nationwide class of more than 100,000 borrowers seeking $150,000,000 of damages and rescission of loans from clients LendingTree and LendingTree Loans.

Favorably settled class action and individual claims of alleged Truth In Lending Act violations for client Pacific Mercantile Bank.

Mediated the favorable settlement of a class action complaint against Chase Bank accused of unfair business practices and privacy violations.

Represented California partner of national tax audit and accounting firm who founded Orange County office of a rival national accounting firm Andersen Tax; defeated former firm's demand for temporary restraining order after evidentiary hearing in Iowa court, and prevailed on motion to dismiss demand for $4 million of damages for alleged violation of non-compete agreement and theft of trade secrets in Illinois arbitration and related California lawsuit.

Successfully represented and resolved litigation against Ingram Micro and newly hired executive in lawsuit brought by Tech Data alleging breach of non-solicitation and non-compete agreement.

Litigated and successfully mediated settlement of alleged California employee wage-and-hour class action by sales employees of a fashion and accessory design company.

Prosecuted and favorably settled claims on behalf of mortgage broker client against former partner accused of stealing business leads, including defense of former partner's counter-claims for wrongful termination, harassment, discrimination, and labor code violations.

Obtained complete defense verdict on behalf of Brinker International (Chili’s Restaurants) after trial before California Labor Board of claims by employee alleging workers compensation discrimination.

Negotiated and resolved dozens of executive-level employment separation and severance agreements.

Prepared analysis of different state law employee non-compete laws; drafted state-specific employee non-compete, non-solicitation and confidentiality agreements for national employer.

Negotiated and drafted intellectual property licensing, assignment and co-existence agreements.

Worked with Fortune 100 company's worldwide IT Department and in-house legal team to develop systems-based electronic data retention and litigation e-discovery response matrix; updated company's broader document retention and destruction policy for evolving electronic data issues.

Prepared comprehensive step-by-step guide for in-house legal department to respond to subpoenas, including exemplar initial response letters and pre-formatted objections and responses for various federal and multi-state lawsuits.

Drafted and negotiated closely-held company stock and asset purchase agreements, and numerous C-level executive stock incentive and departure/severance agreements.

Managed assignments for the benefit of creditors and court-approved distribution of assets and dissolutions; drafted and negotiated lender forbearance and debtor workout agreements.

Drafted consumer product warranties, distribution and license agreements, and independent contractor and work-for-hire agreements.