Derek practices in multiple areas of civil litigation, most frequently in the areas of employment, health benefits, and local government entities, such as counties and public utility districts. He has worked on several types of class action defense, including health plan benefits (such as coverage of hearing aids and weight-loss drugs), wage and hour, data breach, ERISA and property damage. Derek has succeeded in moving lawsuits into arbitration multiple times, including on appeal in state and federal courts. He enjoys appellate work and has argued before the Ninth Circuit and Washington Court of Appeals.
Derek grew up in Seattle and graduated from Lakeside School. He holds degrees from Reed College (B.A., Phi Beta Kappa), the University of Washington (M.A.) and University of Chicago (J.D.). Derek practiced at Karr Tuttle Campbell for 16 years before joining Ogden Murphy Wallace.
Outside of the office, Derek enjoys skiing, bicycling, and planning family vacations.
Representative Experience
- Defense of class action seeking coverage of prescription weight loss drugs. Successfully moved to dismiss complaint. Appeal pending.
- Defense of class action by employees alleging failure to pay for time spent donning and doffing protective gear. Prevailed on appeal to the Ninth Circuit in motion to compel arbitration.
- Defense of consolidated data breach class actions alleging failure to adequately protect patient data. Appellate litigation ongoing.
- Successful appeal of an adverse ruling in King County Superior Court denying motion to compel arbitration. Reversed and remanded.
- Ninth Circuit affirmed summary judgment dismissal of plaintiff’s claims for accelerated life insurance payment.
- Defense of class action and individual actions by homeowners alleging that county’s negligence caused a landslide. Successfully resolved through mediation.
- Represented LLC member in a two-week arbitration arising from involuntary redemption of his membership interest. The arbitrator awarded damages of more than $10.5 million, including attorney fees and costs.
- Represented plaintiffs in dispute over $700,000 in billed charges for air ambulance services.
- Obtained summary judgment dismissal of ERISA benefits case involving proton beam radiation therapy.
- Represented co-founder of an internet startup business in an action to recover his share of the proceeds of the sale of the company. Obtained a $3 million settlement, plus his ownership interest in the acquiring company. In a second action to enforce the settlement agreement, obtained summary judgment for the client, recovery of attorney fees, and appointment of a receiver.
Association Memberships
- Washington State Bar Association
- King County Bar Association, Appellate Section
- Washington Defense Trials Lawyers Association
Education
- J.D., University of Chicago
- M.A., University of Washington
- B.A., Reed College
Accolades
- Selected a Washington State “Rising Star” by Super Lawyers
