Jonathan P. Hersey

Jon Hersey is a Partner in the Business Trial Practice Group in the firm's Orange County office. He is also co-chair of the firm's e-Discovery team.

Areas of Practice

Mr. Hersey’s practice concentrates on complex commercial and intellectual property litigation, primarily for computer industry and financial institution companies, involving breach of contract, unfair competition, merger and acquisition disputes, protection of creditors’ rights, misappropriation of trade secrets, and other business torts. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, class certification, discovery, trial, arbitration and mediation.

Mr. Hersey is also a founder 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. 

Education

• J.D., University of California, Los Angeles, Articles Editor, UCLA Law Review, Moot Court Honors Board, 1996
• B.A., University of California, Berkeley, 1993, High Honors and Special Distinction

Clerkships

• Law clerk to the Honorable David V. Kenyon, U.S. District Court Judge in the Central District of California

Admissions

• California
• Ninth Circuit Court of Appeals
• Federal District Courts for the Southern, Central, Eastern and Northern Districts of California

Successful representation of the world’s largest wholesale distributor of computer hardware and software products in various commercial disputes, including the defense of a lawsuit alleging violation of California Business and Professions Code section 17200 related to the company’s distribution practices and agreements, litigation and arbitration of the company’s right to insurance coverage for business interruption and fidelity losses, the litigation of real estate lease disputes, the negotiation of copyright and patent licensing issues, and the mediation of an asset purchase agreement dispute.

Obtained a complete defense verdict after a three-week binding arbitration for a client accused of misappropriating trade secrets related to the development of a groundbreaking wearable artificial kidney dialysis device. 

The favorable settlement weeks before trial of a lawsuit demanding that the client return an alleged seven-figure preferential transfer to a bankruptcy estate.

Mediating the favorable settlement of a class action complaint against a major national bank accused of unfair business practices and violations of privacy related to the bank’s credit card marketing activities.

Participating in the defense of a national credit card processing company against breach of contract and trademark infringement claims brought by a worldwide credit card brand network, and pursuing antitrust and other unfair competition claims on behalf of the processing company against the credit card brand network.

Obtaining summary judgment in favor of a state agency low income housing lender against a $10 million cross-claim alleging fraudulent representations in the agency’s loan documents.

The representation of a Big 4 consulting firm in litigation seeking damages in excess of $60 million for offering allegedly illegal off-shore tax shelter strategies.

The successful representation of three different bank and lending institutions in court-approved dissolution proceedings.

Honors

• Client Service All-Star, The BTI Consulting Group, 2006

Memberships

• Member, American Bar Association
• Member, Orange County Bar Association
• Member, Litigation Section, State Bar of California
• Member, Association of Business Trial Lawyers
• Board of Directors, Friends of Cal Forensics

Articles

• Author, “You’re Disconnected… Are You Insured?” McCutchen Update, April 2002. Author, “The Digital Looking Glass: Discovery, Retention and Admissibility of Electronic Evidence,” presented to the American Bar Association, Section of Litigation, July 2000.
• Author, “Viruses, Hackers and Outages: Who Pays?” Mealy’s Cyber Tech Litigation Report, June 2000.
• Author, “Challenging Challenge Inspections: A Fourth Amendment Analysis of the Chemical Weapons Convention,” 25 Fla. St. U. L. Rev. 569 (Spring 1998).

Speeches

• “Offensive and Defensive Strategies of E-Discovery,” Lorman Seminar, Santa Ana, California, April 2008
• “E-Discovery in Practice,” Panelist, Applied Discovery CLE Presentation, San Diego, California, August 2007
• “Mock 26(f) – A Day in the Life of an e-Discovery Case,” San Diego Bar Association, San Diego, California, May 2007
• “International Implications of U.S. e-Discovery Rules,” 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,” Barrera, Siqueiros y Torres Landa, S.C., Mexico City, Mexico, March 2007
• Speaker, “E-Discovery: Planning, Privileges and Production,” Association of Corporate Counsel of America, Los Angeles and Orange County Chapters, October 2005.