Partner, Atlanta
303 Peachtree Street, NE
Suite 5300
Atlanta, GA 30308

TEL: 404.527.4195
FAX: 404.527.4198
EMAIL: dbauer@mckennalong.com

PROFILE

Derek Bauer concentrates his practice in litigation, specializing in health care, media, First Amendment and civil rights litigation.  Derek  is a frequent speaker on, and has significant experience in, class action litigation, including multi-district litigation.

Derek’s health care practice includes representing hospitals, clinics, pharmacies, insurers, physicians, pharmacists, allied health professionals, long-term and personal care homes, and diagnostic imaging providers in commercial, regulatory, peer review/staff privileges, and antitrust litigation In the state and federal courts, in arbitration, and before regulatory agencies throughout the Southeast.

Representative recent high-profile health care cases include:

• Member of team obtaining summary judgment on behalf of a national health insurer in major multi-district RICO class action consolidated in the U.S. District Court for the Southern District of Florida, and brought by physician providers seeking billions of dollars in damages against the managed care industry. See In re: Managed Care Litigation,430 F.Supp.2d 1336 (S.D. Fla. 2006)
• Member of team obtaining dismissal of class action litigation brought against several Southeastern non-profit community hospitals in state and federal courts challenging uninsured billing practices. See, e.g., Satterfield v. Southern Regional Health System, --- S.E.2d ----, 2006 WL 2044694 (Ga.App. 2006)

Derek’s  media and First Amendment practice includes representing publishers, authors, print and broadcast media, and governmental entities in free speech, libel, access, and privacy cases and on other constitutional issues. Derek’s First Amendment experience includes defending defamation claims, opposing media gag orders, challenges to and defense of statutes and ordinances relating to speech and expressive conduct, pre-publication script reviews, and cases involving newsrack regulation and judicial campaign speech restrictions.

Representative recent high-profile civil rights and First Amendment cases include:

• Member of team which successfully defended John and Patsy Ramsey in defamation lawsuits accusing the couple of murdering their daughter, JonBenet Ramsey. See Wolf v. Ramsey, 253 F.Supp.2d 1323, (N.D.Ga. Mar 31, 2003 ) and Hoffman-Pugh v. Ramsey, 193 F.Supp.2d 1295, (N.D.Ga. Apr 05, 2002 ), aff'd 312 F.3d 1222, (11th Cir.(Ga. ) Nov 19, 2002 )
• Member of team which brought civil claims for sexual assault against Kobe Bryant in Colorado
• Defense of lawsuit challenging constitutionality of municipal ordinance banning fortune-telling for profit

Prior to attending Emory University School of Law, Derek worked for Ambassador Stuart Eizenstat at the United States Mission to the European Union in Brussels, Belgium, and as a freelance journalist and sportswriter.