S. Derek Bauer

S. Derek Bauer

Partner - Atlanta
dbauer@mckennalong.com
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303 Peachtree Street, NE
Suite 5300
Atlanta, GA 30308
TEL: 404.527.4195
FAX: 404.527.4198
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Experience

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.

Health Care

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. 

Notable Engagements

Education

Bar Admissions

Court Admissions

Publications:

  • “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).