Hershy Stern’s practice focuses on complex litigation and intellectual property. He represents large and small private and public entities, including Google, LG, Verizon and Teva, on matters concerning, among other things, patent infringement, copyrights, trade secrets and antitrust. These matters involve a wide range of technologies, including the Internet, computer software, mobile devices, microprocessors and telecommunications. Hershy also is regularly involved in general commercial litigation disputes concerning real estate, partnership and corporate disputes, securities fraud, breach of contracts, licensing, and indemnity agreements, fraudulent conveyances and employment.
Hershy has a technical background, and earned degrees in computer science and business information systems.
Hershy is regularly recognized as a "Rising Star" by New York Metro Super Lawyers.
- Google in a significant and rarely achieved victory for patent action defendants involving a motion to transfer venue of Ryujin Fujinomaki vs. Google Inc., et al. from the Eastern District of Texas to the Northern District of California. The decision also permitted Kasowitz clients Motorola, LG and ASUS to join in the motion. The complaint in the action alleges that certain lock features, including Google’s Smart Lock feature, in defendants’ Android-based smartphones and wearables infringed Fujinomaki’s patent. It is very rare for defendants like Google to win motions to transfer venue from Texas to California.
- LG in a four-patent infringement case involving USB chargers in the Eastern District of Texas. Plaintiff Fundamental Innovation Systems licensed the patents-in-suit from Blackberry, and assert infringement against several high-profile companies, including Huawei and ZTE.
- Verizon in patent infringement matters involving cellular and wireless communication technology hand-offs and interactive media guides.
- Teva, the global pharmaceutical company headquartered in Israel, and its US subsidiary Actavis, in defending a number of antitrust class actions.
- AMC Networks and affiliates in the defense of a lawsuit claiming that AMC engaged in “self-dealing” and other alleged improper accounting practices to the detriment of profit participants on the television series, The Walking Dead.
- Real estate brokerage firm in defense of claims relating to a breach of restrictive covenants of an employment agreement.
- The Federal Housing Finance Agency, as conservator for Fannie Mae and Freddie Mac, in actions in federal and state courts against numerous financial institutions and individuals. The lawsuits sought rescission or damages from the banks for, among other things, their misrepresentations concerning pools of mortgage loans that underlie residential mortgage-backed securities the banks issued, securitized and sold to Fannie Mae and Freddie Mac. After prevailing on critical pre-trial issues, FHFA settled the actions brought by Kasowitz for over $2 billion, including a $1.25 billion settlement with Morgan Stanley.
- MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s 2009 corporate restructuring which, with the approval of the New York Department of Insurance, established a separate company for MBIA’s municipal bond insurance business. In March 2013, after a several week trial, the New York Supreme Court ruled in favor of MBIA, upholding MBIA’s restructuring.
- Advanced Micro Devices in an antitrust suit and domestic regulatory investigations involving Intel, leading to a $1.25 billion settlement in favor of the client.
- Modern Creative Services in a suit against Dell alleging trade secret misappropriation, fraud and breach of contract concerning product advisor software used to increase sales over the Internet, which was resolved on favorable terms for the client.