Derek represents clients in high-stakes litigation, most involving
intellectual property and Internet issues. He also has substantial
business experience, and represents clients in corporate transactions.
Derek advises in
copyright, trademark, patent, publicity rights, trade secret, marketing,
and general-business disputes. He has appeared in federal courts
throughout the country. In government action over advertising claims,
Derek has resolved disputes against the Federal Trade Commission and
state attorneys general. He also represents clients in trademark
cancellation and opposition proceedings before the federal Trademark
Trial and Appeal Board (TTAB).
Derek has a unique ability to
resolve cases short of a trial. He has negotiated many multi-million
dollar settlements for plaintiffs. For defendants, Derek has won
numerous judgments dismissing cases (on the papers), and settled dozens
of cases for nominal value.
counseled clients in hundreds of domain-name disputes, including in
federal court and before Uniform Domain-Name Dispute-Resolution Policy (UDRP)
panelists. He also represents domain-name registrars and registries in
Derek was lead counsel in groundbreaking
cases in the arena of Internet policy. His representation of the
plaintiffs in the class action Smiley v. ICANN – alleging that the
launch of the <.biz> top-level domain was an illegal lottery – resulted
in a unprecedented multi-million dollar settlement providing most
consumers with a full refund for money spent.
In the area of
email marketing, Derek recovered the first-ever judgment for attorney's
fees in favor of a defendant in a federal CAN-SPAM action. He was also
the first to win a judgment for attorney's fees against a plaintiff in a
state "spam" lawsuit.
Derek has won
lots of appeals. Under the First Amendment, Derek won before the U.S.
Court of Appeals for the Sixth Circuit (overturning a federal district
court's injunction that would have blocked the Internet distribution of
a video of public concern). Before the Ninth Circuit, Derek won a
landmark appeal striking down a state law and limiting private litigants
from bringing frivolous claims against email marketers. In the Utah
Supreme Court, he argued an appeal resulting in a unanimous opinion in
favor of his client based upon the Fourteenth Amendment.
an entrepreneur. He co-founded and ran a beverage company, raising over
$10 million in capital and ultimately selling a majority interest in the
company to a private equity firm.
In addition to his own
business experience, Derek represents clients in various corporate
transactions — from business formation and enterprise organization to
strategic alliances, joint ventures, and mergers and acquisitions.
Media and Public Relations:
Derek has advised clients appearing before Congress regarding Internet,
intellectual property, domain name, and First-Amendment issues. He has
been a frequent speaker over the years to the domain-name industry and
on national television news programs about Internet law and the First
Derek is passionate about the First Amendment and
for many years hosted the
First Amendment Minute, a weekly 60 second radio entertainment
- States: California and Washington
- United States District Courts: all
Districts of Washington; all Districts of California;
and many others, including District Courts in Florida,
Illinois, Indiana, Michigan, New York, North Carolina,
Ohio, Oklahoma, Texas, Virginia, and Wisconsin.
- United States Courts of Appeal: Sixth
Circuit, Seventh Circuit, Ninth Circuit
- United States Supreme Court
- Pepperdine University School of Law,
- Judicial Extern, the Honorable Terry
J. Hatter, United States District Court, Central
District of California, Los Angeles
- San Diego State University, B.A. in
Speech Communication, 1993
310.359.8188 (Los Angeles -
direct) 206.274.2828 (Seattle - direct)