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M. Derek Harris

M. Derek Harris

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Overview

Derek Harris is a commercial litigator and trial lawyer. Derek has tried cases in the areas of product liability, healthcare, business torts and real estate in Florida, Georgia, and Alabama. He also has extensive experience with class action, commercial contract, construction, and creditors’ rights litigation.

Derek has served as lead counsel on cases in multiple areas of law and provided legal assistance through all phases of litigation including discovery, motions practice, mediation, and bench and jury trials. His practice focuses primarily on complex commercial litigation defending manufacturing clients in product liability litigation and defending hospitals in healthcare litigation.

Derek has been named by the Atlanta Business Chronicle as a "40 Under 40 Up & Comer" and by Florida Trends Legal Elite as a 2014 “Up & Comer.” He was a member of Class V of Leadership Florida’s Connect Florida program, and a 2011 Fellow in the Leadership Council for Legal Diversity's Fellows Program. Derek has served as an Associate Editor for ABA Litigation News, and has been actively involved in many Bar and Civic organizations. Much of his pro bono work has involved representing children in juvenile court with delinquency, early intervention, and educational neglect issues; helping them get on track to achieve academic and personal success.

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Experience

  • Defended asbestos, automotive, safety system, and tobacco manufacturers in product liability actions in state and federal courts. Obtained rewarding results through settlement and trial. 
  • Represented hospitals in contract, defamation, and fraud cases. Obtained favorable results through settlement and trial.
  • Represented banks and financial institutions in multiple receivership cases. Obtained appointments of receivers to manage business assets following evidentiary hearings. 
  • Represented national banking institutions in commercial and residential foreclosure cases. Obtained favorable results through settlement and trial. 
  • Represented a corporate director in a lawsuit filed by the director’s former employer asserting claims for breach of fiduciary duty, fraud, negligence, civil conspiracy, conversion, unjust enrichment, and disgorgement. Resolved case through settlement obtained during trial. 
  • Represented corporate officer in litigation to prevent insider sale and transfer of corporation’s assets. Obtained appointment of receiver following trial. 

Representative Cases

  • Small v. Ford Motor Co., et al., Southern District of Florida (defense verdict in high-stakes product liability litigation for an automotive safety system manufacturer).
  • Lam v. General Mills, Inc., Northern District of California (consumer fraud class action, obtained dismissal of multiple claims, and case ultimately resolved through settlement).
  • The Mitchell Company, et al., v. Joseph J. Campus, III, Southern District of Alabama (district court granted motion to dismiss all of the plaintiffs’ claims; and granted client’s motion for partial summary judgment seeking to enforce the operating agreements of two LLCs).
  • Stephen Cox v. South Cherokee Recreation Association, et al., Superior Court of Cherokee County, Georgia (negligence and defamation case; court dismissed the case and barred plaintiff from filing any further pleadings without the court’s permission).
  • Merhdad Moshtagh v. Charles Lange Clark, et al., Superior Court of Cobb County, Georgia (obtained preliminary injunction for client preventing insider sale of corporate assets and court appointed a receiver to dispose of the assets of the corporation as requested following full evidentiary hearing).
  • Mae Lawson v. Leroy Miller, Superior Court of DeKalb County, Georgia (obtained temporary restraining order and writ of replevin preventing sale of plaintiff’s antique vehicles and requiring that vehicles be returned to their owner).

Recognition

  • Recipient, Daily Business Review’s Young Lawyers on the Rise (2017)
  • Most Effective Lawyers Award, Daily Business Review (2016)
  • Listed as an “Up-and-Comer” in Florida Trend’s Florida Legal Elite (2014)
  • Selected as one of the "Top 40 Up and Comers Under the Age of 40" by the Atlanta Business Chronicle (2006)
  • Recipient, Certificate of Recognition from the Pro Bono Project of The Georgia Bar for outstanding public service to Georgia’s low income citizens (2006-2009)

Professional & Community Involvement

  • Atlanta Bar Association (2002-present)
  • Georgetown Club of Georgia (2002-present)
  • Class V of Connect Florida’s Statewide Leadership Institute (Class of 2015)
  • State Bar of Georgia, Children & the Courts Committee
    • Advisor (2006-2008)
    • Member (2006-Present)
  • Board of Directors, Boys Town of South Florida (2013-Present)
  • 40 Under 40 Alumni Group
  • American Bar Association Section of Litigation
    • Commercial & Business Litigation Committee (2011-2012)
    • Diversity Initiatives Subcommittee (2011-2012)
    • Co-Chair (2011-2012)
    • Associate Editor, Litigation News, a publication of the ABA’s Section of Litigation 
  • Board of Directors, The Law Pipeline Program, Inc. (2011-2013)
  • Leadership Council on Legal Diversity (LCLD) Fellows Program (2011-2012)

Speaking Engagements

  • “Trial Tips from the Experts,” Malcolm Cunningham Bar Association, West Palm Beach, FL (August 2015).
  • “What does it mean to be a Fellow?,” Leadership Council for Legal Diversity, Atlanta (February 2014).
  • "Major Supreme Court Decisions Impacting Class Actions," Carlton Fields Class Action Symposium, New York (June 2013).
  • “Building Successful Affinity Groups,” Chart Your Own Course professional development conference, Philadelphia (February 2013).
  • “Achieving Law School Success and Conquering the Bar,” State Bar of Georgia, Diversity Committee (2011).
  • “IP in the Digital Age,” the Young Professionals Division of Technology Associates of Georgia (TAG) Seminar (February 2010).

Pro Bono

  • Advocate and Mentor with the Truancy Intervention Project, which works in conjunction with the Fulton County Juvenile Court, Atlanta City and Fulton County Public School Systems to resolve truancy issues and get children on track to achieve academic and personal success.
  • Since 2004, represented more than a dozen students between the ages of 6 and 16 years old in delinquency, early intervention, and educational neglect proceedings.

Credentials

Education
  • Georgetown University Law Center (J.D., 2002)  
  • University of Delaware (B.A., 1999)
Bar Admissions
  • Florida
  • Georgia
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Bankruptcy Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Georgia
  • Florida State Courts
  • Georgia State Courts

Background

  • Associate, Jones Day, Atlanta (2002-2006)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.