Derek Mogck practices in the areas of construction and business litigation. He advises public and private owners, designers, design-build firms, general contractors, and homebuilders in both institutional and residential construction projects and related disputes.
His broad business litigation experience includes matters involving disputes between investors and their advisors, contractual disputes, business torts, and unfair trade practice claims, as well as representing funeral homes and their employees in both litigation and administrative proceedings. His other government investigation experience includes matters involving federal and state regulatory inquiries into corporate, hedge fund, and individual conduct concerning securities.
Prior to joining the firm, Derek represented a state agency before the Massachusetts legislature and served as the Assistant to the President of the Ethics and Public Policy Center in Washington, DC.
Distinctions
· Listed as a Connecticut Super Lawyer Rising Star®: Construction Litigation; 2010-2012
· New Leaders of the Law, Connecticut Law Tribune (2004)
· Articles Editor, Connecticut Law Review
· Outstanding Student of Public Administration Award
· A.J. Gordon Leadership Scholarship
Teaching Positions
· University of Connecticut: Instructor, Trial Practice
Professional Affiliations
· American Bar Association: Forum on the Construction Industry; Litigation Section; Construction Litigation Committee; Trial Practice Committee, Past Member; Past Co-Chair, Trial Evidence Subcommittee
· Connecticut Bar Association: Construction Law Section; Litigation Section
· National Association of Home Builders' (NAHB) Construction Law Attorney Forum
· Construction Institute, University of Hartford: Board of Directors; Chair, Program Committee
Community Involvement
· Elim Park: Board of Directors, Director, Immediate Past Chair, Past Vice-Chair, Past Secretary
· The Master's School: Board of Directors, Secretary
· Simsbury Republican Town Committee: Past Member-at-Large; Past Vice Chairman; Past Finance Committee Chairman
· Simsbury Soccer Club, Coach
Experience
Addressing Defective Design and Construction Claims in High-Profile Project
Advise Builders in Residential Renovation Projects
Protection Against Disclosure of Proprietary Information
Representation of Quasi-Public Agency in Refusing to Accept Loan Pre-payment
Represent National Trade Contractor in Construction Disputes
Outside General Counsel to One of the Nation's Leading Parking Companies
Dispute with Construction Project Architects
Mold Contamination During Construction and Renovations
Unpaid Distributions and Alleged Mismanagement Claims
Securities and Exchange Commission (SEC) Investigation of Alleged Insider Trading
Protection Against Disclosure of Proprietary Information
Obtained Favorable Settlement of Claims
Defense of Violations of State Fair Housing Law
Redemption of Hedge Fund Investment
Defeated Injunction Application
Protecting Home Builder from Town's Improper Use of Eminent Domain
Defended Against a Housing and Urban Development (HUD) Administrative Complaint
Publications
November 2010 - Volume 15, No. 10, The ABCs of PCBs: What You Need to Know About PCBs in School Buildings
November 2, 2009, Industry Survey Shows Why Lawyers Must Understand Building Information Modeling Contract Documents
July 13, 2009, Integrated Project Delivery: One Way to Put the "I" Back in "Team"
July 25, 2008, Severin Doctrine Supports Summary Judgment for Air Force on Contractor's Assertion of Subcontractor's Delay Claim
July 14, 2008, Some New Math for School Projects
April 1, 2006, How to Take a More Effective Trial Deposition
May 25, 2005, A Brief Checklist For Digital Evidence In Federal Courts
June, 2004, The Unfinished Business of Daubert, Kumho Tire, and Revised Federal Rule of Evidence 702
Fall 2002, Connecticut Federalists in President Jefferson's (Republican) Court: United States v. Hudson and Goodwin
News
August 3, 2011, Five Attorneys Named as Partners of the Firm
October 28, 2010, "Super Lawyers" Recognizes 47 Lawyers From Shipman & Goodwin LLP
October 27, 2009, Shipman & Goodwin Attorneys Named 2010 Connecticut Super Lawyers & Rising Stars
October 13, 2009, Attorney Derek Mogck to Chair Elim Park Board
June 29, 2009, Attorney Derek Mogck Re-elected to the Construction Institute's Board of Directors, Program Committee Chair
June 23, 2008, Attorney Derek Mogck Honored by Construction Industry
Events
April 28, 2011, Market Driven Growth Strategies for AEC Firms
December 10, 2010, 12th Annual Owners Forum: Defining Value... The Owners Perspective!
September 30, 2010, Value Added: Finding and Saving Money in a Recovering Real Estate Economy
October 26, 2009, Pool Safety and Professional Liability
September 26, 2009, Trustees' Conference: Emerging Trends in Facility Design
June 19, 2009, Construction Institute: Beyond Survival: Practical Information and Strategies for Transitioning through the Current Economic Downturn and Positioning for Long-Term Profitability
January 23, 2009, NAHB's Construction Litigation Attorney Forum Meeting
March 27, 2008, Moderator, "Can I Get That in Writing?: How Project Agreements and Insurance Coverages Are Adapting to Collaborative Agreements, Integrated Project Methods and BIM-Building Information Modeling."
September 17, 2003, Real Evidence for the Trial Practitioner In Connecticut