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LORI CARVER HERSHORIN, ESQ.

EQUITY PARTNER

Lori Carver Hershorin, a Partner of Hershorin & Henry, LLP, has extensive experience in litigation matters involving lender liability, title, equitable subrogation, lien priority real estate issues, mortgage fraud, mechanics liens, escrow, negligence and insurance bad faith. She also is a certified Court-Mediator for Orange County, Los Angeles County and Riverside County as well as an Arbitrator for the Orange County and Riverside County Bar Associations for attorney’s fee disputes.

Mrs. Hershorin has successfully defended 30 out of 30 Appeals. She is responsible for the first published decisions in the State of California concerning the definition of “lack of access” under a title insurance policy and sub-escrow duties of a title insurance company, found in the published decisions entitled Magna Enterprises v. Fidelity National Title Insurance Co. (2002) 104Cal.App.4th 122 and Markowitz v. Fidelity National Title Insurance Company (2006) 142 Cal. App.4th 508.

Mrs. Hershorin began her legal career in 1991 at the prestigious Law Firm of McDermott, Will & Emery. As an associate, she worked on fraud cases through trial, contract disputes, employment issues and real property matters.

She thereafter joined the Law Firm of Lewis D’Amato, Brisbois & Bisgaard wherein she worked on numerous mortgage fraud cases, real estate disputes and breach of contract cases. In 1995, Mrs. Hershorin became a member of the legal department of Fidelity National Title Insurance Company, a Fortune 300 company traded on the New York Stock Exchange. At that time, she was an Assistant Vice-President and Associate Counsel, and litigated hundreds of cases involving issues of real property (title and escrow), fraud, breach of fiduciary duty, insurance bad faith, business issues, breach of contract, complex business and partnership disputes, and probate issues. She also supervised outside counsel and provided legal advice on a regular basis to the title and escrow operations concerning all topics including labor and employment issues, business concerns, unfair competition claims, and employee theft. Mrs. Hershorin conducted several arbitrations and trials, and prepared for numerous trials that were settled before trial commenced. Mrs. Hershorin has conducted hundreds of depositions and has drafted all forms of pleadings and discovery.

In January 2000, Mrs. Hershorin was promoted by Fidelity to a Vice-President, Senior Litigation Counsel and Litigation Manager for the Southwestern Region. While continuing to litigate in the areas of real estate, title, escrow, insurance bad faith and business disputes, Mrs. Hershorin additionally assumed responsibility for the litigation departments in Southern California and Las Vegas, Nevada. Her management role entailed supervising litigation attorneys and staff, interfacing with claims attorneys, developing budgets, controlling expenses and costs, and interfacing with upper management on pending and potential litigation.

Since 2003, Mrs. Hershorin has been the managing partner of Hershorin & Henry, LLP. She represents both corporate and individual clients on litigation, real estate title and escrow matters and currently advises several corporations. Moreover, Mrs. Hershorin has been retained by several clients to perform transactional work including drafting stock purchase agreements, corporate governance documents, employment handbooks, employment agreements, licensing agreements and severance agreements. During her tenure with Hershorin & Henry, LLP, Mrs. Hershorin has drafted and prevailed on several appeals. Moreover, she has provided coverage opinions on insurance claims and has been retained to investigate issues pertaining to title and escrow claims.

Mrs. Hershorin also formed Title Resolution Services, a title insurance claims handling/curative title resolution company (“TRS”) in June of 2008 and the company has processed over 3500 title insurance claims. To date, Ms Hershorin remains the Chief Executive Officer and TRS continues as a viable title resolution company.

During her career, Mrs. Hershorin has given several lectures on real property issues, developments in California law pertaining to the real estate industry, bad faith insurance litigation, and general civil litigation procedures.

Mrs. Hershorin was admitted to practice in California and Indiana in 1991. She was admitted to practice in the U.S. Central and Southern District Courts of California in 1992.

Mrs. Hershorin obtained her Juris Doctor degree from Indiana University School of Law in 1991where she was honored as a “Note Development Editor” for the Indiana Law Review, and was honored with the Order of the Barristers-Moot Court Society. Mrs. Hershorin was named as Women of the Year in 2010 and 2011 from the National Association of Professional Women.

lorih@hhlawgroup.com

MEDIATION RESUME.

Profession: Attorney/ Mediator/Arbitrator

  • Ms. Hershorin has been a civil litigation attorney for the past 16 years representing clients, both defendants and plaintiffs, in real property disputes, title insurance claims, insurance bad faith cases, business and commercial litigation, employment cases, personal injury matters and medical malpractice litigation. Since 2003, Mrs. Hershorin has been an Arbitrator for the Orange County and Los Angeles County Bar Associations and has been a Court-Certified Mediator for the Riverside Superior Court and Los Angeles Superior Court resolving a high percentage of cases. Mrs. Hershorin additionally has served as a temporary judge for the Orange County Superior Court since 1998 to the present.

ADR Experience and Qualifications:

  • Mrs. Hershorin’s diverse background enables her to take a practical and pragmatic approach in resolving the most challenging legal disputes. She has served as a private mediator as well as a Court-Appointed Mediator for the Riverside Superior Court and Los Angeles Superior Courts since 2003. In addition, Mrs. Hershorin has served as an arbitrator for the Los Angeles County and Orange County Bar Associations. Her comprehensive litigation background along with her experience as a temporary judge, mediation training, arbitration training, and experience of mediating hundreds of cases provides Mrs. Hershorin with the ability to settle the most complex legal matters.

Mrs. Hershorin has mediated numerous cases covering the following legal topics:

  • Real Estate: Commercial and residential real estate issues involving title disputes, boundary line disputes, easements, right-of ways, broker disputes, leases, non-disclosure in real estate transactions, buyer-seller disputes, wrongful foreclosure issues and escrow disputes.
  • Business: Business disputes, partnership dissolutions, unfair competition and unfair business practices.
  • Insurance: Breach of insurance contracts and bad faith.
  • Employment: Wrongful termination, harassment, discrimination, and employment disputes.
  • Torts: Fraud, negligence, defamation, trespass, and intentional infliction of emotional distress.
  • Personal Injury: Numerous negligence cases, medical malpractice and dental malpractice.

Alternative Dispute Resolution Training:

  • Attended the prestigious Pepperdine Program – the Strauss Institute –“Mediating the Litigated Case”, and the American Arbitration Association - Court Certification Program.

Lectures:

  • During her career, Mrs. Hershorin has given several lectures on real property issues, developments in California law pertaining to the real estate industry, bad faith insurance litigation, prevention of sexual harassment, prevention of discrimination, elimination of bias, and general civil litigation procedures.

Appeals:

  • Mrs. Hershorin additionally has prevailed on 30 out of 30 Appeals, and is responsible for the first published decisions in the State of California concerning the definition of "lack of access" under a title insurance policy and sub-escrow duties of a title insurance company. The published decisions are entitled Magna Enterprises v. Fidelity National Title Insurance Co. (2002) 104 Cal.App.4th 122 and Markowitz v. Fidelity National Title Insurance Company (2006) 142 Cal. App. 4th 508.

Professional Licenses:

  • Admitted to practice: California (1991); Indiana (1991); U.S. District Court of California (1992).

Professional Associations:

  • Member of the Orange County Bar Association - Litigation, Insurance and Labor Sections, Riverside County Bar Association and CLTA.

Education:

  • Indiana University School of Law - Indianapolis, J.D. (1991)
  • Indiana University - Bloomington B.S. (1986)
  • Phi Alpha Delta (Pre Law Society)
  • Phi Mu Sorority

Honors:

  • Indiana University, Indianapolis
  • Indiana University School of Law, Indianapolis
  • Indiana University School of Law - Note Development
  • Editor for Indiana Law Review
  • Order of the Barristers - Moot Court Society

Published Decisions:

  • Magna Enterprises v. Fidelity National Title Insurance Co. (2002) 104 Cal.App.4th 122 (Established definition of lack of access in title insurance policy); Markowitz v. Fidelity National Title Insurance Company (2006) 142 Cal. App. 4th 508 (Defines sub-escrow role of title insurance company)

NOTABLE CASE RESULTS.

Mrs. Hershorin has won 30 out of 30 Appeals, and is responsible for the first published decision in the State of California concerning the definition of “lack of access” under a title insurance policy in the case entitled Magna Enterprises v. Fidelity National Title Insurance Co. (2002) 104 Cal.App.4th 122. Mrs. Hershorin additionally has another published decision entitled Markowitz v. Fidelity National Title Insurance Company (2006) 142 Cal. App. 4th 508 concerning the duties of a sub-escrow.

Mrs. Hershorin and her associates have also prevailed on five motions for summary judgments during 2011.