S. Derek Bauer
Derek Bauer is a commercial litigator specializing in health care, media, First Amendment and intellectual property litigation. Mr. Bauer is ranked by Chambers USA 2009 as one of Georgia's leading lawyers for health care, and was recognized as a Georgia Super Lawyers “Rising Star” in 2010, 2011 and 2012. He is chair of the firm’s Atlanta Pro Bono Committee.
Prior to attending Emory University School of Law, Mr. Bauer worked for the United States Mission to the European Union in Brussels, Belgium, and as a freelance journalist and sportswriter.
In his health care practice, Mr. Bauer represents hospitals, physician practices, home health agencies and other health care providers in complex commercial, regulatory, qui tam/whistleblower, peer review/medical staff privileges, and antitrust litigation in the state and federal courts, and before regulatory agencies throughout the Southeast.
Media and First Amendment
Mr. Bauer frequently represents print and broadcast media, authors and governmental entities in free speech, anonymous speech, libel and slander, access, open records and privacy cases and on other constitutional issues. He often advises his media clients regarding pre-publication script reviews and newsgathering activities.
Derek serves as Georgia counsel for the Georgia Association of Broadcasters.
Trademark and Copyright Infringement
Mr. Bauer serves as counsel for corporations and individuals in trademark, copyright, false advertising, unfair competition and trade dress actions in federal and state courts.
Real Estate Litigation
Mr. Bauer represents real estate funds, commercial property owners, tenants and brokers in commercial and real estate litigation disputes including fraud and breach of contract/lease actions, claims for specific performance, commercial landlord-tenant litigation, easements and land use disputes.
- Lead arbitration counsel for major community hospital system in recovery of more than $2 million in hospital payments owed by four of the largest managed care payors in the U.S.
- Co-counsel for a national health insurer obtaining summary judgment in a major multi-district RICO class action (In re: Managed Care Litigation, 430 F.Supp.2d 1336 (S.D. Fla. 2006)).
- Co-counsel for four non-profit community hospital systems obtaining dismissal of class action litigation in state and federal courts challenging uninsured billing practices. (E.g., Satterfield v. Southern Regional Health System, 2006 WL 2044694 (Ga.App. 2006)).
- Co-counsel for John and (the late) Patsy Ramsey in successfully-defeated defamation lawsuits accusing the couple of murdering their daughter, JonBenet Ramsey (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)).
- Co-counsel for the Plaintiff in the civil lawsuit asserting a claim for sexual battery against NBA star Kobe Bryant in federal court in Colorado in 2004.
- Lead trial and appellate counsel for LFP Publishing Group, Inc. d/b/a Hustler Magazine in right of publicity claim arising from publication of a news article and images of the late Nancy Benoit, a well-known professional wrestler and victim of a highly-publicized murder in 2007.
- Co-counsel for plaintiff community hospital system obtaining summary judgment in 2010 federal trademark infringement and cybersquatting action involving use of unregistered mark in a domain name.
- Lead counsel for Northside Hospital, Inc. in obtaining a complete defense jury verdict and attorneys’ fees award of more than $367,000 at trial of alleged breaches of two commercial leases.
- Counsel for WXIA-TV (11Alive), WGCL-TV (CBS 46), and WAGA-TV (FOX 5) on successful motion to secure media rights to broadcast and stream live the entirety of the murder trial of Hemy Neuman.
- Lead counsel for Viacom, Inc. and Black Entertainment Television obtaining summary judgment on libel claim brought by rapper JT Money arising from news reports of his alleged involvement in a 2007 shooting at Club Opera in Atlanta, Georgia.
- J.D., Emory University School of Law, with honors, 2000
- B.A., Tulane University, 1995
- Court of Appeals for the State of Georgia
- Georgia Superior Court
- Supreme Court of Georgia
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the Middle District of Georgia
- U.S. District Court for the Northern District of Georgia
- “Ready for the Spotlight: Expanding ‘Sunshine’ Laws and Increasing Expectations for Hospital Board Transparency” Trustee, Co-authored with Darrell J. Solomon (June 2012)
- “Is Arkansas Court’s Decision to Bar Economic Credentialing Policy an Outlier or a Harbinger of a New Trend”” Healthcare Liability & Litigation, Co-authored with Darrell J. Solomon (May 2009).
- “Hospital Charges Under Siege — Are Provider-Based Facility Fees the Next Class Action Frontier?” co-authored with Kathy Butler Polvino (March, 2006).
- “Health Care Beware: How the 'Business' of Health Care is Increasingly Being Challenged In Courts,” Business to Business, Co-authored with Kathy Butler Polvino, (July 2005).
Seminars and Presentations:
- “Exploring Hot Topics in Provider Reimbursement Litigation,” Advanced Forum on Healthcare Provider Disputes and Litigation (Chicago, July 2012).
- “Master Class on Assessing What the Class Action Fairness Act of 1995 Means for Your Clients, Cases and Practice,” 3rd National In-House Counsel Conference on Defending and Managing Complex Litigation, (Atlanta, March 2006).
- “MDL Tactics and Strategies: What You and Your Client Can Expect In The Trenches,” 2nd National In-House Counsel Conference on Defending and Managing Complex Litigation, (San Francisco, March 2005).