Derek represents colleges and universities in complicated, prominent litigation involving federal and state regulatory statutes, governmental immunities, constitutional rights and class actions.
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 institutions 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 Amendments of 1972 (sexual harassment/sexual assault) 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. 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 knowledge.