Derek's practice focuses on complicated, high-stakes litigation involving commercial disputes, regulatory statutes, governmental immunities, constitutional rights (including substantive and procedural due process, equal protection and the dormant commerce clause) and multiple forum litigation. He frequently represents parent corporations in multiple forum litigation and class actions arising from the actions of subsidiaries and legacy companies. He also has considerable experience representing corporate clients contesting governmental regulation and agency actions.
Derek has successfully represented both public and private clients in trials, appeals, arbitration proceedings and administrative hearings and frequently obtains successful outcomes for clients in various types of dispositive motions.
As a former federal appellate law clerk and appellate practitioner, Derek also has extensive appellate experience and maintains a robust appellate practice. He has briefed and argued cases before the U.S. Courts of Appeals for the Second and Tenth Circuits, the Missouri Supreme Court and the Missouri Court of Appeals. He frequently consults on state and federal cases, where clients seek his appellate expertise.
Awards & Recognitions
· Missouri & Kansas Super Lawyers, Rising Star, Business Litigation, 2009-2011
Professional Associations & Memberships
· Defense Research Institute
· Federal Bar Association
· Kansas Bar Association
· Kansas City Metropolitan Bar Association
· The Missouri Bar
Civic Involvement
· Catholic Education Foundation, Board of Directors, 2010-present
· Holy Trinity Catholic Church, Lenexa, Kansas
Clerkships
· The Hon. Paul J. Kelly Jr., U.S. Court of Appeals, Tenth Circuit, 2006-2007
Experience
· Represented publically traded company in complex commercial litigation arising from sale of mortgage-backed securities. Obtained dismissal in client's favor.
· Represented public school district in lawsuit against the State of Missouri and charter schools to recover local property tax revenues that the state wrongfully diverted from the school district to the charter schools. Obtained judgments in favor of school district totaling in excess of $9 million.
· Advised company and subsidiary in complex commercial litigation relating to provision of lending capital for tax preparation products. Secured a $3.8 million settlement in favor of clients.
· Counsel for former superintendent and principal of school district in case involving $1 million negligence claims brought by injured student. Obtained summary judgment in favor of clients in ground-breaking application of the Paul D. Coverdell Teacher Liability Protection Act and successfully defended the case on appeal before the Missouri Supreme Court.
· Represented Missouri Department of Insurance in bench trial seeking recovery of looted assets of insurance company. Obtained $2 million judgment in favor of client and successfully defended the case on appeal to the U.S. Court of Appeals for the Second Circuit.
· Advised general contractor in appeal involving defense of a bench verdict that clarified Missouri law on statutory payment bonds. Verdict was affirmed on appeal to the Missouri Court of Appeals, Western District.
· Represented publicly traded company in civil rights and consumer protection lawsuit filed by state attorney general arising from securitization and sale of subprime mortgages and obtained dismissal in client's favor.
· Counsel for public utility in lawsuit against state officials seeking to enforce utility's rights under equal protection and commerce clauses. Obtained favorable settlement for client.
· First-chaired arbitration involving claim against school district by injured teacher and obtained complete judgment in favor of school district.
News & Publications
News
11.22.11, Husch Blackwell Attorneys Play Key Role in Success of Kansas City Zoo Tax
10.19.11, Super Lawyers 2011 Names 71 Husch Blackwell Attorneys from Missouri and Nebraska; an Additional 15 Listed as Rising Stars
8.23.11, Husch Blackwell Obtains $9 Million Verdict for Kansas City, Missouri School District Against State of Missouri
2.11.11, Husch Blackwell Successfully Defends Former KCMO Superintendent, Establishes Immunity for Teachers and Administrators
10.13.10, Missouri & Kansas Super Lawyers 2010 Names 64 Husch Blackwell Attorneys; An Additional 20 Listed as Rising Stars
10.22.09, Missouri & Kansas Super Lawyers 2009 Names 73 Husch Blackwell Sanders Attorneys
Publications
1.1.09, Regulating Employee Speech Under the First Amendment, School Board News
1.1.07, Federal Preemption of Products Liability Claims, Journal of the Kansas Bar Association
1.1.05, A Contracts Analysis of Waivers of the Right to Appeal in Criminal Plea Bargains, University of Kansas Law Review
Events
4.20.12, Issues in Higher Education
Kansas City, MO
Seminar
5.17.11, Teacher and Administrator Immunity: Federal Protection Against Personal Liability
Webinar
4.15.11, Issues in Higher Education
Kansas City, MO
Seminar
4.23.10, Issues in Higher Education Seminar
Kansas City, MO
Seminar
4.17.09, Issues in Higher Education Seminar
Kansas City, MO
Seminar