Profil
Alan W. Hersh focuses his practice on complex commercial litigation matters. He is an experienced litigator that frequently handles a diverse cross-section of federal and state litigation and arbitration practice. His primary focus involves antitrust, class action, and energy litigation matters. He is experienced in handling both prosecution and defense of breach-of-contract matters, shareholder derivative actions, business divorces, class action certification, asset purchase negotiations, lien and land restrictions on client holdings, in both the federal and state courts. He has also kept a close watch on the formation of the Texas Business Courts while continuing to serve on the Texas Business Law Foundation’s Business Court Working Group, providing multiple client-facing seminars regarding the development and potential benefits of the new Business Courts system.
Expertise
Erfahrung
- Defended nationwide class action regarding alleged horizontal and vertical agreements in provision of medical services. The lawsuit, filed in the United States District Court for the Western District of Texas, involved both individual and corporate defendants stretching over multiple layers of the health care industry, including private physicians, health care advocacy groups, private public interest groups, and insurance companies.
- Defendant national grocery store chain in numerous class actions brought in federal court alleging price fixing and price gauging related to egg prices during the Covid 19 pandemic. Plaintiffs alleged that defendants had improperly marked up the cost of eggs during the early months of COVID-19. The cases were all dismissed and the dismissal was eventually upheld by the 5th Circuit Court of Appeals.
- Represented market competitor in Federal Trade Commission investigation and subsequent litigation relating to potential anticompetitive concentration in the retail mattress market.
- Represented casino group in Federal Trade Commission investigation into potential concentration of the Las Vegas resort and casino markets.
- Represented national grocery chain in putative nationwide class action regarding alleged failure to pay employee wages. The case involved novel issues of nationwide prosecution of state-based claims in jurisdiction with minimal contacts to those claims, resulting in early appeal of availability of class-action forum shopping. Ultimately obtained denial of class action certification based on multiple grounds.
- Represented corporation in nationwide ERISA class action for alleged harm to stock prices arising from government investigation. Obtained dismissal of the class action, which was affirmed in subsequent appeal to the United States Court of Appeals for the Fifth Circuit.
- Represented national grocery chain in statewide class action arising under alleged improper weighing and charging for grocery items. Obtained summary judgment of the class action, which was affirmed in subsequent appeal.
- Represented claimant (owner of Permian based water production assets and water pipelines) in dispute involving purchase of water assets and water pipeline resources in New Mexico. Claims exceeded $10,000,000 and were brought in Colorado State Court in Denver. Client recovered on all claims asserted.
- Represented defendant (oil and gas pipeline owner) in dispute involving purchase of pipeline in South Texas. Plaintiff alleged failure to perform under purchase and sale agreement. All claims were resolved and all claims were dismissed with prejudice.
- Represented defendant in energy litigation stemming from Winter Storm Ure in Texas, when lack of power generation led ERCOT to pay industrial consumers to not use electricity while the grid was overburdened. Case involved withholding of contract payments based on risk of ERCOT may have a repricing event. Case was resolved.
- Represented claimant (international private equity investor) in AAA arbitration concerning portfolio company investment and seeking declaratory judgment regarding amendments made to portfolio company agreement and dismissal of minority partner.
- Represented clients in numerous matters involving claims in state court related to the creation and scope of easements, including the creation and/or interpretation of easement rights over the shores and waters of the Highland Lakes in/around Central Texas.
- Represented clients in numerous matters involving commercial lease disputes.
- Represented clients in numerous matters involving alleged minority-shareholder oppression and/or commercial business divorces.
Anerkennung durch den Markt
- Listed, The Best Lawyers of America, "Ones to Watch," Antitrust Law, 2024-2025
- Volunteer Judge, Texas Young Lawyers Association, State Moot Court Competition, 2014
- Volunteer Judge, University of Texas Law School, Thad T. Hutcheson Moot Court Competition
Ausbildung
Akademische Ausbildung
-
J.D., University of Illinois College of Law
- Associate Editor, University of Illinois Law Review, 2009-2011
- B.A., The University of Texas
Referendariat / Praktika
- Texas Third District Court of Appeals, 2011-2012
- Texas Third District Court of Appeals, 2012-2014
Zulassung
- Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the District of Columbia
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Fifth Circuit
- Supreme Court of the United States