Attorneys

Charles E. Hervas graduated from the DePaul University College of Law in 1983. While in law school, Chuck served on the Moot Court Board and represented DePaul on two national moot court teams. After graduation, Chuck has a long history in local government. His government service is highlighted by his appointment and election as an Alderman on the City Council in Des Plaines, Illinois, from 1986 through 1989 and election as a school board member for Itasca School District 10 from 1997 through 2005. He serves as counsel to a variety of governmental bodies, including service as Village Attorney for the Village of Itasca since 1990. Chuck also serves as legal counsel to Northeast Multi-Regional Training, one of the largest police training organizations in the United States.

Chuck is an experienced trial lawyer who concentrates his practice in the defense of government officials and governmental entities in civil rights, employment, and personal injury cases. He has handled a multitude of complex litigation matters in both the federal and state courts. He has argued many important cases in the appellate courts, and he has assisted in the preparation and briefing of two arguments before the United States Supreme Court. He also has substantial experience in the area of fire and police discipline, and he has represented numerous fire and police commissions in complex hearings and the subsequent administrative review process. On the rare occasion in which Chuck has accepted a case on the plaintiff side, he successfully argued a First Amendment retaliation case to a jury which awarded his police officer client 12.5 million dollars. Chuck also is experienced in administrative process and has handled a multitude of cases involving the Equal Employment Opportunity Commission and the Illinois Department of Human Rights.

Chuck is admitted to practice before the United States Supreme Court, the Seventh Circuit Court of Appeals, and in various federal district courts in Illinois, Indiana, and Wisconsin. He has published several works, including his contribution in Illinois Jurisprudence—Municipal Law, published by Lawyer’s Cooperative Publishing. He is a frequent lecturer in the area of police training, and for several years he was a featured speaker for the FBI-sponsored Midwest Law Enforcement Executive Development Seminar (MLEEDS). Chuck’s wife leads a local theater company. Chuck and his wife have three grown children.

Highlights

  • Public Safety Employee Benefits Act (PSEBA), Fall 2015 Seminar of Illinois Local Government Lawyers Association, Downers Grove, Illinois
  • Legal Liability Landscape of Local Governments and Public Officials, Spring 2015 Seminar of American Public Works Association Chicago Metro Chapter, St. Charles, Illinois
  • Expert witness (report and deposition testimony) in jail litigation dispute in federal court, Fox v. Admiral Ins. Co., No. 12 cv 8740 (N.D. IL)
  • Use of Force Trends, Recent Case Law, and Tips for Avoiding Liability, Illinois Sheriff’s Association, 2014 Chief Deputy/Jail Administrator Conference, Springfield, Illinois

Michael Condon is a 1986 graduate of the John Marshall Law School, where he was the Executive Lead Articles Editor of the Law Review. He was published in the John Marshall Law Review and also participated in the school’s Moot Court program. During law school, Michael served as a judicial clerk to the Honorable Donald P. O’Connell, the former Chief Judge of the Circuit Court of Cook County. During his college days at Marquette University, Michael worked a summer internship in the White House during President Carter’s Administration in the Office of Political Affairs.

For the past thirty years, Michael has represented public officials and various units of local government across the State of Illinois at both the trial and appellate levels. He has served as lead counsel for a myriad of public and private clients in discrimination suits brought under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act. Michael has successfully tried numerous jury cases in federal court on behalf of public officials and their employers. In one well publicized case, Michael and his partners obtained a $1.7 million jury verdict against the Town of Cicero in a whistleblower suit brought on behalf of the town’s former Police Chief and Deputy Chief. Over the years, Michael also has had the privilege of arguing numerous cases before the Seventh Circuit Court of Appeals which have resulted in published opinions. In addition to his federal trial practice, Michael also has substantial experience in litigating administrative matters involving units of local government. He has successfully represented police chiefs and other officers in disciplinary proceedings before local fire and police commissions.

Michael frequently lectures on the topics of civil rights and tort liability for both public and private employers. He has been retained by many local villages and police departments to provide training to their employees on such topics as use of force, racial profiling, police pursuits, and sexual harassment in the workplace. Michael has also conducted numerous training seminars sponsored by different police organizations, including the Northeast Multi-Regional Training, Inc., the Illinois Tactical Officers Association, the Illinois Association of Police Planners, the Illinois Association of Police Chiefs, and the Illinois Sheriff’s Association.

Highlights

  • Use of Force Trends, Recent Case Law, and Tips for Avoiding Liability, Illinois Sheriff’s Association, 2014 Chief Deputy/Jail Administrator Conference, Springfield, Illinois
  • Jail Suicide Liability: Trends, Standards, and Caselaw, 2011 Illinois Sheriff’s Association Chief Deputy/Jail Administrator Conference
  • Strip and Body Cavity Searches of Pretrial Detainees – The Judiciary’s “Hands On” Approach to Jail Administration, Bliss McKnight Insurance Co. (2009)
  • Conflicts Representing Public Employees, Illinois Institute for Local Government Law (2009)
  • Use of Force Incidents and Civil Liability Issues, Hoffman Estates Police Department In-Service Training (2004)

Mike Bersani is a 1988 graduate of the John Marshall Law School and received his undergraduate degree from the University of Illinois, Urbana-Champaign in 1985. Upon graduation from law school, Mike served as a judicial clerk to Florida Appellate Court Judge Edward T. Barfield. He entered private practice in 1990, first as an associate attorney with Schirott & Associates and then later as a partner with Hervas, Condon & Bersani, P.C. Mike has been active in various bar association and professional organization activities. He currently serves on the Professional Development Committee of the Illinois Local Government Lawyers Association (ILGL) and has been a speaker on federal civil rights topics at the ILGL Annual Conference for the past seven years. He also chaired the Illinois State Bar Association Local Government Law Section Council in 2013-2014, and the DuPage County Bar Association Local Government Committee in 1996-1997. He is also a corporate and associate member of the Illinois Association of Park Districts.

On a personal note, Mike lives in Bartlett, Illinois, where he served as an elected village trustee from 1995 to 1997, and again from 1999 to 2003. He currently serves as Fire Commissioner for the Bartlett Fire Protection District. Mike has an extensive litigation practice and is rated AV® Preeminent in Martindale.com.

Highlights

  • Civil Rights Liability, Illinois Municipal Law: Contracts, Litigation, and Home Rule (Chapter 5) Illinois Institute for Continuing Legal Education (2015 Edition)
  • The Demise of the General Willful and Wanton Exception to the Tort Immunity Act, Illinois Bar Journal, Vol. 99, July 2011, p. 348, Michael Bersani
  • Pre-Suit Tips for Winning Deadly Force Cases – Municipal Lawyer Magazine (July/August 2002), Michael Bersani and Kim Fahrbach
  • Civil Rights Update, Illinois Local Government Lawyers Association, Annual Conference (2010, 2011, 2012, 2013, 2014, 2015, 2016)
  • Use of Force Trends, Recent Case Law, and Tips for Avoiding Liability, Illinois Sheriff’s Association, 2014 Chief Deputy/Jail Administrator Conference, Springfield, Illinois

Jason W. Rose is a 1991 graduate of the DePaul University College of Law, where he was an associate editor of the Law Review. Before law school, Jason graduated with honors from the University of Illinois at Urbana-Champaign, where he majored in finance. After graduation, Jason worked as litigation counsel for a Chicago-based insurance company, successfully defending hundreds of clients in tort cases. During that time, Jason tried numerous cases to verdict and arbitrated over 150 cases. Additionally, before joining HC&B in 1996, Jason worked as litigation counsel at the Attorney Registration and Disciplinary Commission (ARDC), where he investigated and prosecuted allegations of misconduct against lawyers.

For the last 19 years, Jason has handled a wide variety of cases at HC&B and became a partner in 2001. Jason primarily represents police officers in false arrest, malicious prosecution and excessive force cases but also represents scores of correctional officers and private and municipal clients in tort, employment, discrimination, and adult use ordinance cases. Additionally, because of his past experience at the ARDC and his knowledge of legal ethics, Jason often represents lawyers facing ARDC investigations.

As a trial lawyer, Jason has prevailed in numerous cases on both the state and federal level. Jason has also personally handled over a dozen appeals, prevailing in appellate cases before the Seventh Circuit and Fifth Circuit Court of Appeals.

Jason has been married since 1993 to his wife Lisa and is a proud father of two college students. Jason and his family live in Northbrook.

Highlights

  • Arbitrated over 200 cases and is a Certified Arbitrator
  • Extensive experience and expertise in ethics and ARDC-related matters
  • Member of the Federal Trial Bar, Illinois State Bar Association, Chicago Bar Association and DuPage County Bar Association

Yordana Wysocki practices in the areas of civil rights and local government litigation, §1983 claims, and municipal law. She joined Hervas, Condon & Bersani, P.C. in 2008, and became a partner in 2016. In 2017, she was awarded the Litigation Award by the Illinois Local Government Lawyers Association for her representation and defense of the city in Willie Pearl Burrell Trust v. City of Kankakee. She has successfully tried several cases before federal juries and has argued §1983 and First Amendment cases before the Seventh Circuit Appellate Court. Yordana received her law degree from Chicago-Kent College of Law in May 2006 and her bachelor of science degree from the University of Wisconsin–Madison. While at Chicago-Kent, she worked as an extern with Cook County Circuit Court Judge James Henry and was an extern at the Office of the Cook County Public Guardian. She was the recipient of various awards, including the Chicago-Kent Merit Scholarship and Kent Justice Foundation Fellowship. Before joining Hervas, Condon & Bersani, P.C., Yordana was a Research Staff Attorney at the Illinois Supreme Court in Springfield.

Highlights

  • Social Media, Public Speech, and the First Amendment, Illinois Municipal Treasurers Association Institute (Nov. 2018).
  • Reasonableness, Deliberate Indifference, and Kingsley v. Hendrickson’s Legacy, For the Defense, Vol. 58, No. 7 DRI, (July 2016).
  • Balancing Jail Security with Arrestees’ Constitutional Rights in Pre-Arraignment Strip Search Cases After Florence v. Board of Chosen Freeholders, DRI Governmental Liability Committee Newsletter, Vol. 22, Issue 1, March 22, 2016, with Michael Condon & Mike Bersani
  • Civil Rights Update, Illinois Local Government Law Conference, Annual Conference (2016) with Michael Bersani

David joined Hervas, Condon, and Bersani in 2017 and became a partner in 2019. He represents local government entities and their employees in all aspects of tort, employment, and civil rights litigation. At HCB, David has tried three federal juries and argued multiple times before federal and state appellate courts. For example, he won a defense jury verdict in a racial discrimination case brought by a police officer against his employer. In another matter, David prevailed in the Seventh Circuit on behalf of several correctional officers against a detainee’s failure-to-protect claims. David also speaks at seminars or to bar association on topics related to his practice.

David formerly worked as a state prosecutor, a litigation associate in a global law firm, and a federal judicial law clerk. He puts the lessons of those diverse experiences to use for his current clients. During his five years as an Assistant State’s Attorney with the Cook County State’s Attorney’s Office, David conducted scores of bench trials and eleven misdemeanor jury trials. He spent eighteen months assigned to Felony Review, where he interviewed witnesses and victims, reviewed evidence, researched applicable law, and made charging decisions in all felonies other than murder. Before that, David spent four years as a litigation associate for Kirkland & Ellis, focusing on critical motions in complex contract, class action, and mass tort matters. He also won asylum for a political refugee from Chad in a pro bono matter. David is a former law clerk for the Honorable Danny J. Boggs, Chief Judge of the United States Court of Appeals for the Sixth Circuit.

David graduated summa cum laude from the University of Notre Dame Law School in 2007 and earned the Dean Joseph O’Meara Aware for High Academic Achievement. He worked on the Notre Dame Law Review, first as a Staff Editor during his second year and then as the Executive Notes Editor during this third year.

David lives in Chicago with his wife and two small children. He enjoys tennis, backpacking, and historical fiction.

Tony S. Fioretti graduated from The John Marshall Law School in 2012 and from the University of Illinois at Urbana-Champaign in 2009. While attending law school, Tony served as an extern and as a law clerk for the Honorable Daniel J. Pierce of the Circuit Court of Cook County and was a staff editor and Student Publications Editor of the John Marshall Law Review. During law school, Tony also worked for the Chicago Board of Education, serving as an intern and as a law clerk in their Law Department.

After graduating law school, Tony worked as a student expulsions prosecutor for the Chicago Board of Education. Prior to joining Hervas, Condon, & Bersani, Tony spent two years as a civil and criminal Assistant State’s Attorney for Boone County, Illinois. During his tenure in Boone County, Tony first-chaired sixteen jury trials to verdict in non-felony cases, served as counsel to various county office-holders and agencies, prosecuted criminal misdemeanor cases, traffic violations, and DUIs.

Highlights

  • Member of DuPage County Bar Association, Chicago Bar Association, and Illinois State Bar Association

André joined Hervas, Condon, and Bersani in 2019 and represents government officials and governmental entities in civil rights, employment, and personal injury cases. Prior to joining the firm, André handled cases from a variety of practice areas which include torts, labor and employment, municipal liability, and workers’ compensation. His litigation experience derives from working at a civil defense firm and at local and federal government agencies in the Chicagoland area.

While in law school, André served as an Associate Justice on the Moot Court Honors Executive Board. He has competed on two national Moot Court teams and served as a Teacher’s Assistant for first year law students. When not practicing law or serving the community, André enjoys traveling, cooking, and binge-watching shows on Netflix/Hulu.

André graduated from the John Marshall Law School in 2017 and earned both his undergraduate and graduate degrees from the University of Florida in 2011. He is admitted to practice before the Illinois Supreme Court, U.S. District Court for the Northern District of Illinois, and the U.S. District Court for the Central District of Illinois.

Highlights

  • ALFA International Labor & Employment Compendium, Illinois (2017)
  • Member of the Cook County Bar Association, Chicago Bar Association, and the Illinois State Bar Association.