Biography

Derek is a litigator and business lawyer who represents clients in a wide variety of litigation matters, drafts and negotiates contracts, and provides practical advice to clients regarding employment and business-related issues. Derek has been litigating complex matters for clients since 2004, regularly appearing in both state and federal courts, as well as arbitration forums. 

Since joining Cushing, Morris, Armbruster & Montgomery, LLP in 2011, Derek has litigated a wide variety of disputes on behalf of corporate and individual clients, while also using his litigation background to advise clients and draft contracts. Derek regularly drafts and negotiates master service, employment, licensing, non-disclosure, independent contractor and lease agreements, and other commercial contracts. 

As a litigator, Derek has significant experience in all aspects of litigation and arbitration, from the initial pleading and discovery stages through trial and appeal.  Derek has represented clients as both a plaintiff and defendant in a wide variety of matters, including business torts, breach of contract cases, lease disputes, collections matters, restrictive covenants cases, employment disputes, and business breakups. 

Derek began his career as a litigator at a national law firm, spending seven years representing large companies in complex litigation matters, including contract disputes, derivative lawsuits, class actions, products liability, and Fair Credit Reporting Act cases. 

Representative Litigation Matters

  • Obtained summary judgment on behalf of a commercial real estate company in a contract dispute brought by a broker seeking seven-figure damages.
  • Obtained a favorable settlement on behalf of a national bank and its officers in a case alleging conspiracy, fraud, and other wrongdoing.
  • Successfully represented borrowers and personal guarantors in several lawsuits brought by national and regional lenders.
  • Achieved a favorable jury verdict for client accused of conspiracy to defraud a multi-national company.
  • Successfully enforced restrictive covenants on behalf of a former employer.
  • Obtained a seven-figure judgment against borrowers and guarantors on behalf of an international bank.
  • Successfully appealed a ruling from a Georgia Superior Court, obtaining a complete reversal from the Georgia Court of Appeals.
  • Represented owners of privately held companies in disputes with co-owners.
  • Represented individuals and companies in numerous cases involving contract disputes and business torts such as conspiracy, fraud, breach of fiduciary duty, and other claims.
  • Successfully represented tenants in commercial lease disputes.
  • Part of a trial team that obtained a complete defense verdict at trial in a products liability action involving a plaintiff diagnosed with cancer allegedly caused by our client’s product.
  • Represented manufacturer client in premises liability lawsuit arising from accident occurring on its property.
  • Obtained dismissal of lawsuit on behalf of credit reporting agency and successfully represented client through appeal in Peart v. Shippie, 345 F. App’x 384, 386 (11th Cir. 2009).
  • Successfully represented credit reporting agency in lawsuits throughout the southeast.