Biography

Derek Borchardt is an associate in the Firm's Litigation department, where he represents clients in complex commercial litigation.  Mr. Borchardt also maintains an active pro bono practice. From 2013 to 2015, Mr. Borchardt served as a Law Clerk to the Hon. James L. Dennis of the United States Court of Appeals for the Fifth Circuit. From 2012 to 2013, he served as a Law Clerk to the Hon. Myron H. Thompson of the United States District Court for the Middle District of Alabama.

Representative Matters

Complex Commercial Litigation

Representing financial guaranty insurer in breach-of-contract and fraud action against sponsor and underwriter of residential mortgage-backed securities.

Representing consumer products manufacturer in defense of unfair trade practices action by a state attorney general.

Represented law firm in defense of professional malpractice claim asserted by prior client related to representation in a transactional matter.

Represented medical device manufacturer in federal multi-district products liability litigation.

Media and Advertising

Represented product manufacturer in defense of right-of-publicity claim asserted by model.

Representing beverage manufacturer in defense of action alleging deceptive advertising.

Counseled food products manufacturer in connection with issues related to advertising claims.

Pro Bono

Representing high-profile whistleblower defendant in libel action arising out of his public disclosures, and in responsive countersuit against the plaintiffs pursuant to the New York Anti-SLAPP Law.

Represented tenants of a boarding house network in class action asserting unfair trade practices claim.

Represented multiple incarcerated clients in preparation of petitions for executive clemency submitted to the Governor of the State of New York.

Admissions

  • New York

Publications

  • Contributor to www.DataSecurityLaw.com
  • Co-Author, Chapter on New York Law, in Media Privacy & Related Law 50-State Survey (Media Law Resource Center, 2018-2019 ed.)
  • Note, "The Iron Curtain Redrawn Between Prisoners and the Constitution," 43 Colum. Hum. Rts. L. Rev. 469 (2012)