Derek represents colleges and universities in complicated, prominent litigation involving federal and state civil rights statutes, constitutional rights, governmental immunities, and class actions. He specializes in cases involving sexual misconduct (Title IX), freedom of speech, due process, and religious liberty.
Derek represents higher education institutions of all types, from major research universities to private religious colleges. He represents clients at all stages of litigation, including pre-settlement negotiations, dispositive motion practice, trials, arbitrations and appeals.
Derek’s clients face lawsuits from students, faculty, employees 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 requirements of federal and state regulations, with a special emphasis on Title IX (sexual misconduct) and the Clery Act (campus crime reporting). He is often called on to conduct sensitive investigations involving allegations of misconduct against prominent employees, student-athletes, and athletic teams.
Derek’s compliance practice includes policy and practice audits, policy drafting, and providing training and guidance to key personnel and students. He also frequently negotiates and drafts employment contracts for key institutional leaders such as presidents, chief academic officers, and varsity coaches.
As a former federal appellate law clerk and appellate practitioner, Derek also has extensive appellate experience and maintains a national appellate practice.