is a partner with Nix, Patterson & Roach LLP, where he handles all manner of complex litigation. For the last several years he has focused on intellectual property and oversees the firm’s intellectual property litigation practice, which primarily operates out of the firms Dallas office. Derek has been an instrumental member of the trial teams for the firms two biggest intellectual property verdicts. In 2010, he was a key member of the trial team for DataTreasury in its trial against US Bank, which resulted in a $27,000,000 settlement that was enhanced to $54,000,000 for willfulness. In 2013, Derek was the lead trial lawyer for the team that obtained a $95,795,507 verdict for Syntrix against Illumina in federal court in Tacoma, Washington. For more information, or to contact Derek, please visit his firm profile page.
Tribal sovereignty is not a “sham” or a “contrivance,” even when it produces results Petitioners do not like. There is no dispute that the St. Regis Mohawk Tribe is what the Supreme Court has termed a “domestic dependent nation” entitled to tribal sovereign immunity and that its agreement with Allergan is a legitimate contract… Moreover, Petitioners’ objections are being raised in the wrong forum. Congress – rather than the Board, the Article II executive, or even the Article III courts – controls the availability of tribal sovereign immunity.