Derek’s practice focuses on complicated, prominent litigation involving federal and state regulatory statutes, governmental immunities, constitutional rights, consumer class action litigation, and the False Claims Act. Derek represents clients at all stages of litigation, including pre-settlement negotiations, dispositive motion practice, trials, arbitrations, and appeals.
A majority of Derek’s clients are private and public colleges and universities that face lawsuits from students, faculty, and contractors, as well as regulatory enforcement actions from the U.S. Department of Education and equivalent state agencies. Related to his litigation practice, Derek assists colleges and universities in minimizing litigation risk by ensuring compliance with varied requirements of federal and state regulations, with a special emphasis on Title IX of the Higher Education Act (sexual harassment) and Clery Act (campus crime reporting). Derek’s compliance practice includes policy and practice audits, policy drafting, and providing training and guidance to key personnel and students. As a member of the firm’s Healthcare, Life Sciences and Pharmaceutical industry team, Derek represents a number of higher education institutions with nursing, medical, or other allied health schools.
As a former federal appellate law clerk and appellate practitioner, Derek also has extensive appellate experience and maintains a substantial appellate practice. He has briefed and argued cases before both federal and state courts of appeal. He frequently consults on state and federal appellate cases, where clients seek his expertise.