Mr. Paul H. Derrick

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Mr. Paul H. Derrick: Attorney with Barnwell Whaley Patterson & Helms, PLLC
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Biography

Paul H. Derrick is a Partner in the Raleigh office of Cranfill Sumner & Hartzog LLP, where he focuses in the Labor and Employment Law and Litigation Practice Groups. He regularly provides preventive and strategic advice and litigates individual and multi-plaintiff claims for breaches of restrictive covenants, unfair competition and theft of trade secrets, discrimination of all types, retaliation, employment-related torts, wage-hour, and more.

Paul began his legal career as a trial attorney in the National Labor Relations Board's regional office in New Orleans, Louisiana, and was trial counsel in the nation's first “union salting” case. In the two decades since leaving government practice, he has successfully represented employers across the country before federal and state courts, administrative and investigative agencies, and arbitration tribunals concerning a broad range of employment law and constitutional issues.

Paul also assisted in the development and prosecution of a successful civil racketeering case against nearly 500 defendants and he has handled class action lawsuits involving a wide variety of alleged violations. In 2008, he was selected as a fellow in Litigation Counsel of America. LCA is an invitation-only trial lawyer honorary society composed of less than one-half of one percent of American lawyers.

Paul is a presenter for several national seminar organizations and regularly trains in-house counsel, human resource professionals, and managers on supervisory issues, positive employee relations, and related topics. He is a longtime supporter of many professional and civic entities and is widely published on a variety of labor and employment topics.

Paul is the author of the blog Workplace Update, which focuses on giving both startup and ongoing businesses useful information on labor and employment law developments from all over the country, particularly in the Carolinas and the Southeast. It can be accessed at http://www.workplaceupdate.com.

Articles Presentations and Publications

•“Employment Nightmares in the Retail Industry: What's Keeping You Up at Night, ? ” (The Retailer, April 2014).
•Co-author: “Secret's Out. Trade Secrets Remain Important Component of Company IP, ” (IP Links, June 2013).
•“Be Careful When Enforcing Employment Agreements - The NLRB is Watching, ” (Success, March/April 2013).
•“EEOC's New Age Discrimination Regulations Appear to Miss the Mark, ” (The Defender, June 2012).
•“EEOC's New Age Discrimination Regulations Appear to Miss the Mark, ” (The Resource, April 2012).
•Quoted: “EEOC Expands 'Disabled' Definition, ” ( InsideCounsel Magazine, June 2011).
•Quoted in “Layoffs Lead to Grumbles, and They Beget Lawsuits, ” (Triangle Business Journal, May 6, 2011).
•“The ADAAA Final Regulations Have Arrived; Were They Worth the Two-Year Wait?, ” (HR News Magazine (International Public Management Association), May 2011).
•“Labor Board Edges to Pro-Union Stance, ” (The News and Observer, Nov. 17, 2010).
•“Deja Vu All Over Again: NLRB Decides Nonunion Employees Have No Right to Representation During Investigatory Interview, ” (South Carolina Lawyer, September 2004).
•“Of E-mail, Employees, and the NLRB, ” (South Carolina Business Journal, June 2002).
•“Unions Now Able to Organize Temporary Workers, ” (South Carolina Lawyer, May/June 2001).
•“Employee Investigations: Representation Rights Extended to Nonunion Employees, ” (South Carolina Lawyer, Jan./Feb. 2001).
•Contributing Author: “Privacy and Defamation in the Workplace, ” (The COMMENT Series, M. Lee Smith Publishers, 1995).
•Contributing Author: “Management's Guide to Union Organizing Campaigns, ” (The COMMENT Series, M. Lee Smith Publishers, 1994).
•Contributing Author: “Americans with Disabilities Act, Compliance Guidebook, ” (King & Ballow, M. Lee Smith Publishers, 1992).
•Contributing Author: “Fair Labor Standards Act Compliance, ” (The COMMENT Series, M. Lee Smith Publishers, 1992).

Accomplishments

•Selected for inclusion in The Best Lawyers in America in the fields of Employment Law-Management and Litigation-Labor & Employment: 2012 - 2015
•Selected by North Carolina Super Lawyers as a Super Lawyer: 2012 - 2015
•Selected for inclusion in the 2014 Super Lawyers Business Edition

Areas of Practice (5)

  • Business Disputes & Litigation
  • Employment Law
  • Retail
  • Restaurant and Hospitality
  • Intellectual Property

Education & Credentials

University Attended:
Newberry College, B.A., Economics, 1979
Law School Attended:
University of South Carolina School of Law, J.D., 1988 Robert F. Wagner National Labor Moot Court Team, 1988
Year of First Admission:
1989
Admission:
1991, Tennessee; Eastern District of Louisiana; 1989, South Carolina; New York (pending); United States Supreme Court; U. S. Court of Appeals, 4th Circuit; U. S. Court of Appeals, 5th Circuit; U. S. Court of Appeals, 6th Circuit; Eastern District of North Carolina; Middle District of North Carolina; Western District of North Carolina; District of South Carolina; Eastern District of Tennessee; Middle District of Tennessee; 2000, North Carolina
Memberships:

Professional, Civic and Community Activities

•North Carolina Bar Association, Member
•Wake County Bar Association, Member
•Society for Human Resource Management, Member
•Raleigh-Wake Human Resource Managers Association, Member
•Triangle Society for Human Resource Management, Member
•White Plains Children's Center, Board Member: 2008 - present
•USO of North Carolina, Volunteer: 2007 - present
•Cary Chamber of Commerce, Leadership Cary: 2007 - 2008
•United States Selective Service Commission, Board Member: 2003 - 2007

Reported Cases:
Representative Matters; Trial counsel in a nationwide consolidated case addressing the issue of union agency fees in the wake of the U. S. Supreme Court's landmark decision in Communications Workers of America v. Beck . Successfully represented large media company in an action against almost 500 union members and their attorneys for civil RICO violations in connection with the filing of fraudulent workers' compensation claims. Obtained a favorable verdict as lead defense counsel in a sexual harassment case against a hospitality industry employer. Following a trial in which the alleged harasser could not testify due to having been deported to his native Russia, the jury awarded the plaintiff only 6% of the damages she sought, which was significantly less than the settlement previously offered by the company. As lead counsel, succeeded in obtaining dismissal of lawsuit brought on behalf of more than 450 restaurant servers alleging violations of the tip-pooling provisions of the North Carolina Wage and Hour Act. The dismissal was upheld on appeal. Obtained a multi-state consent injunction against a former building materials sales representative engaged in unfair competition and breach of restrictive covenants. Succeeded in obtaining a temporary restraining order and preliminary injunction against two veterinarians who opened a practice in competition with their former employer using records, patient information, financial reports, office employees, and other assets improperly obtained from the former employer. Obtained a nationwide injunction against dental implant sales representative to enforce the terms of an employment agreement containing non-compete and non-solicitation provisions. Obtained a multi-state injunction against industrial tools sales representative based on secret operation of a competing business and violations of restrictive covenants prohibiting solicitation of former customers.
ISLN:
907898496

Peer Reviews

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