Derek M. Newberry
Biography
Derek M. Newberry is a partner in Hall Booth Smith’s Charleston office, with a practice encompassing the full spectrum of construction defect, professional malpractice, medical malpractice, product defect, personal injury, wrongful death, and property damage litigation. Derek also assists professionals before state licensing boards and is a Certified Circuit Court Mediator.
Derek has received a number of professional recognition, including: (a) by Best Lawyers® as “One to Watch,” a recognition given to young lawyers for professional excellence in private practice; (b) as a Rising Star by South Carolina’s Super Lawyers magazine (2022 and 2023), and (c) as AV® Preeminent™ Peer Review Rated by Martindale-Hubbell for his legal knowledge, communication skills, and ethical standards. Derek is also actively involved in the South Carolina Defense Trial Attorneys Association and previously served as the President of its Young Lawyers Division.
Before joining Hall Booth Smith in 2016, Derek practiced for seven years with a South Carolina litigation firm and was the lead full-time lawyer in its Charleston office.
Derek earned a Juris Doctor from the Charleston School of Law, where he received the CALI Award for excellence in Legal Research and Writing. He completed a Bachelor of Arts at Wofford College, where he was a scholarship member of Wofford’s football team, a two-year starter at outside linebacker, an Academic All-American Nominee, and a four-time Academic All Southern Conference performer.
Born near St. Louis, Missouri, Derek still claims it as his hometown even after moving around to Colorado, Louisiana, and Texas during his early years.
Derek lives in Charleston with his wife, Erin, and three young sons. In his free time, Derek enjoys surfing, live music, and watching or attending sporting events of all kinds.
Experience
Derek’s experience includes:
- Architects, engineers, and contractors in design and construction defect litigation.
- Product manufacturers in product defect litigation, including serving as South Carolina litigation counsel for an international exterior cladding manufacturer.
- Medical professionals in malpractice litigation.
- Businesses of various sizes in serious personal injury litigation.
- Transportation companies in incidents involving personal injury and property damage.
Derek defends design professionals (architects, structural engineers, civil engineers, mechanical engineers, and geotechnical engineers), contractors (both general contractors and subcontractors), and product manufacturers in complex, multi-party and class-action design, construction, and construction material defect litigation in both state and federal courts.
His experience includes litigation arising from civil infrastructure projects, commercial projects, and residential projects ranging in size and complexity, including resolving numerous cases in which alleged damages exceeded $25,000,000.
Derek defends businesses facing general liability claims of nearly all types, including, among other things, automobile/trucking accidents, premises liability, defamation, assault and battery, false imprisonment, fraud, negligent misrepresentation, unfair trade practices and negligent hiring, supervision, and retention.
Derek defends medical professionals, including physicians, nurses, chiropractors, and paramedics in lawsuits alleging breaches of the standard of care. His experience includes resolving numerous wrongful death and personal injury matters.
Derek defends product manufacturers, suppliers, and retailers in multi-million dollar claims arising from alleged product defects, failure to warn, and unfair trade practices. He currently serves as South Carolina litigation counsel for an international building cladding manufacturer and, over the course of his career, has handled product claims involving building finish systems, vape products, medical devices, surgical dressing, baby formula, and propane devices, among others.
Derek defends alleged breaches of the standard of care by architects, engineers, real estate agents, chiropractors, medical facilities, home health agencies, and paramedics. His experience includes defending numerous cases involving wrongful death, personal injury, and property damage.
Credentials
Admitted
State Courts:
- South Carolina
U.S. District Courts:
- U.S. District Court for the District of South Carolina
Education
- J.D., Charleston School of Law
- B.A., Wofford College
Memberships
- South Carolina Defense Trial Attorneys Association, Young Lawyers Division, Past President
Recognition
- Best Lawyers: Ones to Watch® in America, Best Lawyers®, 2021-2024
- Construction Law
- Medical Malpractice Law – Defendants
- Product Liability Litigation – Defendants
- South Carolina Rising Star, Super Lawyers®, 2022-2023
- AV Preeminent® Peer Review Rated™, Martindale-Hubbell
- Legal Elite, Charleston Business Magazine, 2022
Presentations
- Hot Button Legal Issues for South Carolina Design Professionals
ACEC-SC/SCSPE Winter Meeting; Columbia, South Carolina; February 2015 - Hot Topics in Construction Law: Why the Economic Loss Rule is Alive for Residential Construction Product Manufacturers
Annual Meeting of the South Carolina Defense Trial Attorneys Association, November 2014