Don A. Hernandez

Biography

Don A. Hernandez is the Co-Leader of the Firm’s 33-lawyer Litigation Practice Group and is also the Partner-In-Charge of the Pasadena Office. He specializes in complex business litigation, with emphases in intellectual property, healthcare and class actions. He has tried numerous cases to verdict before federal and state court juries, successfully appeared numerous times before arbitral forums and appellate courts, and consistently achieved favorable resolutions for his clients at every stage of the litigation process. His background includes large law firm experience with Fried, Frank, Harris, Shriver & Jacobson; White & Case; and McKenna Conner & Cuneo (now McKenna Long & Aldridge LLP). Uniquely, Mr. Hernandez also has small firm experience with his own law firm, Hernandez, Schaedel & Associates, a seven-attorney firm of which he was Managing Partner.

Mr. Hernandez brings substantial intellectual property litigation experience to Gonzalez Saggio & Harlan, including first-chair roles in dozens of trademark, trade secret, patent and copyright cases. His copyright experience includes not only the prosecution, defense and settlement of infringement claims, but also the evaluation and drafting of licenses, fair use and royalty arrangements. He has represented two real estate franchisors in trademark litigation in federal courts throughout the United States, as well as before the United States Patent and Trademark Office. His trademark experience also includes the registration of several word and design marks. He has represented both employers and former employees in numerous trade secret cases before the California courts and boasts an unblemished record with respect to trade secret injunctions sought by or against his clients. In his patent litigation cases, Mr. Hernandez has, among other things, conducted expert witness depositions, taken lead roles in Markman hearings and participated in a multi-week jury trial.

His healthcare litigation experience includes numerous jury trials, arbitrations and appeals. On behalf of provider organizations, he has, among other things, obtained a $3 million jury verdict, a $1 million arbitration award, $160,000 in attorneys’ fees for his prevailing defense client, two temporary restraining orders (later converted into preliminary injunctions), a directed verdict and a summary judgment. His clients have included a Medicare Advantage health plan with members throughout Southern California and Arizona. He also has represented numerous independent physician associations located throughout Los Angeles and Riverside Counties. His expertise includes the Knox-Keene Act, healthcare contracting and claims handling statutes and procedures throughout California.

Mr. Hernandez has substantial experience representing class action defendants in federal and state court. He recently obtained a defense verdict with respect to a class action trafficking claim brought against his client in federal court in Los Angeles. He has represented two employers in class action litigation brought for alleged meal period, rest period and overtime violations.

Mr. Hernandez has also handled several legal malpractice cases at all stages of litigation, from filing through and including trial. His expertise includes the duty of care as it applies to litigation attorneys and the duty of loyalty arising from the attorney-client relationship, along with its constituent parts. He has worked with and deposed numerous expert witnesses in these areas.

He also has represented business clients in the areas of shareholder, directors’ and officers’ litigation, insurance coverage analysis, and wrongful termination.

Mr. Hernandez has served recently as co-chair of the American Bar Association Health Law Litigation Committee, Vice-Chair of the Publications Committee of the Health Law Section, and as Co-Chair of the Lawyer Representatives for the U.S. District Court for the Central District of California. He presently serves on the Central District’s Attorney Admissions Fund Committee, chaired by Chief District Judge (Hon.) George King. Mr. Hernandez is a member of the Pasadena Bar Association; Los Angeles County Bar Association, Entertainment Law & Intellectual Property and Healthcare Sections; Harvard Club of Southern California, President (1995-1998), Nominating Committee Chair (1999, 2007-2010), Vice President Programs (1993-1995), Director (1990-2012); Harvard Alumni Association, Regional Director (2000-2003), Nominating Committee (2004-2006); Stanford Law Society of Los Angeles; and the Stanford Club of Pasadena. He also volunteers as a settlement officer for the Los Angeles County Superior Court.

He is a Fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society consisting of less than one-half of one percent of American lawyers. Mr. Hernandez was selected for inclusion in the 2014 and 2015 California Super Lawyers® List, with recognition granted to fewer than 5% of attorneys in the state.

Mr. Hernandez received his J.D. from Stanford Law School and an A.B., cum laude, in Government from Harvard University. Mr. Hernandez is admitted to practice in California; U.S. District Courts for the Northern, Southern, Eastern, and Central Districts of California; and the U.S. Court of Appeals for the Ninth and Eleventh Circuits.

Mr. Hernandez has authored several articles including the following:

“Advising the Small Employer on Coverage and Credits,” ABA Health eSource, Special PPACA Edition, June 2010. (with Jennifer Tsao)

“Weapon of Choice: The State Supreme Court May Have to Decide Whether the California Uniform Trade Secrets Act Preempts Common Law Claims,” Los Angeles Lawyer, Feb. 2010. (with Adam Kargman)

Intellectual Property Issues in the Healthcare Context: Are Patient Lists Trade Secrets?, ABA Health Resource, November 2009, vol. 6, no. 3. (with Cynthia Reed)

“Reforming California’s Unfair Competition Act,” Los Angeles Lawyer, July/August 1997, vol. 20, no. 5.

Education & Bar Admissions

Education

• Stanford Law School, J.D., R. Hunter Sumner Trial Advocacy Award, Co-Chair Stanford Latino Law Students Association
• Harvard University, A.B. cum laude, Government, Secretary General of the 1982 Harvard Model United Nations; Director, International Relations Council, Leverett House Committee

Bar Admissions

• California
• United States District Courts, Northern, Eastern, Central and Southern Districts of California
• United States Court of Appeals, Ninth and Eleventh Circuits

In the News

• 2/19/2015 - Don Hernandez Selected as Fellow of the Litigation Counsel of America
• 1/23/2015 - Don Hernandez Selected for 2015 California Super Lawyers® List
• 3/17/2014 - Don Hernandez Named Equity Partner
• 1/17/2014 - Don Hernandez Selected for 2014 California Super Lawyers® List
• 10/1/2013 - Los Angeles and Pasadena Partners Attend 24th Annual California Minority Counsel Program Business Conference
• 7/16/2013 - Six Pasadena Attorneys Listed as 2013 Top Attorneys by Pasadena Magazine
• 6/17/2013 - Don Hernandez attends American Bar Association’s 2013 Spring Leadership Meeting
• 6/12/2013 - Gonzalez Saggio & Harlan LLP Continues Growth in Southern California