Derek Adler’s practice focuses on complex international commercial disputes and related US criminal/regulatory matters. He regularly represents non-US clients in US litigation, arbitration, regulatory and law enforcement matters. He also advises US-based clients in plotting transnational and multijurisdictional litigation strategy.
Derek is a graduate of Columbia College and The Fordham University School of Law, where he served on the editorial board of the Fordham Law Review. Prior to joining Hughes Hubbard, Derek had been an associate in the litigation department of Skadden in New York and an assistant in the Banking and International Litigation Section of Herbert Smith in London. He was awarded an LL.M. with merit from the London School of Economics and Political Science, which he attended as a Fulbright Scholar.
Areas of Concentration
International Litigation and Arbitration
Complex Commercial Litigation
Securities and White-Collar Criminal Litigation, Enforcement, Regulation and Counseling
Highlighted Publications
“The Elements of an Effective Anti-Corruption Compliance Program Under US Law,” Magazine for Compliance (Netherlands) June 2016
“Is Discovery Necessary? Reflections on Pre-Trial Disclosure and Procedural Fairness,” in Global Wisdom on Business Transactions, International Law and Dispute Resolution, Festschrift for Gerhard Wegen, C.H. Beck 2015
Co-author, with Daan F. Lunsingh Scheurleer, “Class Action Litigation in the US,” chapter in Collectieve Acties in de Financiele Sector (F.M.A. ‘t Hart, ed., 2009)
Co-author, with Antonio Bravo, “Secondary Liability: Bringing a Limit to US Class Actions,” Iberian Lawyer (March/April 2008)
Co-author, with Ingrid Naumann and Stephan Wilske, “Stoneridge und die Zukunft von Wertpapiersammelklagen (nicht nur) in den USA (Stoneridge and the Future of Securities Class Actions (Not Only) in the US),” Law of International Business (RIW) 3 (2008): 97-104 (in German)
Co-author, with Stephan Wilske, “Die bevorstehende Entscheidung des US Supreme Court in Stoneridge Investment Partners v. Scientific Atlanta Inc. (The Upcoming Decision by the US Supreme Court in Stoneridge Investment Partners v. Scientific Atlanta Inc.),” RIW 11 (2007): 845-48 (in German)
Co-author, with Adam Johnson, “Overview of Litigation in England and the United States,” in Transatlantic Commercial Litigation, edited by John Fellas, Dobbs Ferry: Oceana Publications Inc., 2004
Co-moderator/editor, “Lessons from the Land of Litigation Fever: Should the Class Action Be Exported or Quarantined?,” International Bar Association Conference, Amsterdam, September 2000
Co-author, with George A. Davidson, “The Dynamics of the Class Action Settlement Process in the United States,” in Litigation Issues in the Distribution of Securities: An International Perspective, edited by William Horton and Gerhard Wegen, Kluwer Law International, 1997
Note, “Ex Post Facto Limitations On Changes In Evidentiary Law: Repeal of Accomplice Corroboration Requirements,” Fordham Law Review 55 (1987): 1191
Selected Seminars and Lectures
Speaker, “Cross Border Insolvency Case Study: The Lessons of Nortel,” R3 & INSOL Europe International Restructuring Conference, London, May 2017
Panelist, “How is the Dispute Resolution Market Currently Addressing User Needs and Expectations?” Global Pound Conference, New York, September 2016
“The US FCPA: Why Should Japanese Companies Care? What do they Need to Know?”, Tokyo, June 2015
Co-Moderator, “Group Litigation and Class Actions”, IBA Litigation Committee Conference, Paris, April 2015
“What Chinese Companies Need to Know About the US Foreign Corrupt Practices Act”, Beijing, September 2014
Speaker, “Recent Developments in Personal Jurisdiction,” International Litigation 2012, Practising Law Institute, New York, June 2012
Speaker, “Human Rights in Commercial Litigation,” International Bar Association Conference, Madrid, 2009
Speaker, “The US FCPA and Its Impact on Companies in the UK,” Global Anti-Corruption Conference, London, February 2008
Speaker, “Can We Afford The Dispute Resolution Process?,” International Bar Association Annual Conference, Singapore, October 2007
Speaker, “The Basics of US Litigation for Foreign Practitioners,” American Law Academy, New York County Lawyers’ Association, July 2005
Speaker, “Pre-Trial Disclosure in the United States: What Every English Lawyer Should Know,” New York State Bar Association International Law & Practice Section Fall Meeting, London, October 2005
Speaker, “Current Developments in Federal Civil Discovery Practice: Setting Reasonable Limits in the Digital Era,” Current Developments in Federal Civil Practice 2005, Practising Law Institute, New York, March 2005
Speaker, “Pitfalls and Disputes in Cross-Border M&A,” International Bar Association Annual Conference, Auckland, New Zealand, October 2004
Speaker, “Current Developments in Federal Civil Discovery Practice: Setting Reasonable Limits in the Digital Era,” Current Developments in Federal Civil Practice 2004, Practising Law Institute, New York, March 2004
Co-chair, “Plotting Litigation Strategy in the Global Context,” two-day seminar sponsored by the International Litigation Committee,” International Bar Association, Chicago, June 2003
Speaker, “The Basic Course: Principles of International Litigation for Young Practitioners,” International Bar Association Annual Conference, Johannesburg and Durban, South Africa, October 2002
Speaker, “David and Goliath: Realities of the Level Playing Field in International Litigation,” International Bar Association Annual Conference, Cancun, Mexico, October 2001
Speaker, “Obtaining Jurisdiction Over Foreign Parties,” International Business Litigation and Arbitration 2001, Practising Law Institute, New York, February 2001
Speaker, “International Judicial Assistance,” International Bar Association Annual Conference, Barcelona, September 1999
Speaker, “Forum Non Conveniens Law in the United States,” Transatlantic Litigation: Litigation of Disputes Affecting the UK and the USA, Hawksmere Ltd., London, July 1991
Speaker, “Enforcement of Judgments and Arbitral Awards in the United States,” Transatlantic Litigation: Litigation of Disputes Affecting the UK and the USA, Hawksmere Ltd., London, July 1991
Court Admissions
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the D.C. Circuit
United States Court of Appeals for the Tenth Circuit
Highlighted Matters
Nortel Networks. Led US team representing insolvency estates of former Nortel EMEA entities in connection with US bankruptcy proceedings and asset sales, including conduct of unprecedented simultaneous cross-border trial by video link (Delaware/Toronto) regarding the division of $7 billion in proceeds of asset sales among the US, Canadian and EMEA Nortel estates
United States v. Marubeni Corporation. Represented Asian trading company in internal investigations and prosecutions regarding alleged bribery in connection with projects in Nigeria and Indonesia, including negotiation with the US Department of Justice leading to deferred prosecution agreement in relation to Nigerian matter, successful implementation of improved compliance procedures during two year period under deferred prosecution agreement, and subsequent negotiation of guilty plea in Indonesian matter
Advise Asian, European and US companies on implementation of anticorruption compliance procedures in accordance with US law
Advised UK manufacturing company in connection with US aspects of alleged involvement in an “Oil for Food” scandal and an unrelated investigation of alleged bribery involving contracts in the Caribbean
Ross v. Lloyds Banking Group PLC. Obtained dismissal of US securities shareholder class action brought against the UK’s largest retail bank regarding alleged fraud in connection with acquisition of HBOS during 2008 financial crisis
Friedman v. Palladyne. Defense of Dutch asset manager in US lawsuits alleging fraud, racketeering and defamation
NPW v. Lewis. Represented English parent company in suits against former heads of U.S. subsidiary for theft of assets and fraud
PBGC v. Asahi Tec Corp. Represented US Pension Benefit Guaranty Corp. in action against a Japanese company to collect unfunded pension liabilities, including precedent-setting assertion of personal jurisdiction under ERISA
Jombihis Corp. v. Lord Edward Spencer-Churchill. Represented English individual in parallel New York and London proceedings regarding fraud in connection with the sale of “Museum Security,” a painting by Jean-Michel Basquiat
Conergy AG v. MEMC Electronic Materials Inc. Represented German solar manufacturer in an action to void a 10-year silicon wafer supply agreement on grounds of illegality under US and EU competition law, and eventual termination of such agreement
KPMG Financial Advisory Services v. Diligence LLP. Represented Bermudan accounting firm in an action against a private investigation firm for data security breaches
In re Royal Dutch Shell Securities Litigation. Represented a UK auditing firm in an $8 billion securities fraud class action arising from Shell’s 2004 recategorization of oil reserves, leading to a settlement at no cost to our client
Zachariou v. Manios. Successful prosecution of lawsuits and arbitration on behalf of an heir to a Greek shipping estate for fraud, asset tracing and recovery of family assets in the US
TH Agriculture and Nutrition LLC v. Ace European Group et al. Represented UK insurance company in a successful challenge to US jurisdiction in a coverage dispute
Constantine v. Teachers College et al. Advised in connection with an internal investigation into plagiarism allegations against a tenured university professor and subsequent disciplinary proceedings; obtained the dismissal of a subsequent lawsuit for defamation
Delta Kappa Epsilon Alumni Corp et al. v. Colgate University et al., Sanford v. Colgate University et al. Defended Colgate University and administrators in multiple litigations challenging the university’s regulation of fraternities and sororities
