Areas of Practice
Industries
Bar Admissions
- Michigan, 1985
- California, 1993
- Texas, 2005
Court Admissions
- U.S. District Court, Eastern District of Michigan, 1985
- U.S. Court of Appeals, 6th Circuit, 1988
- U.S. Court of Appeals, 9th Circuit, 1994
- U.S. District Court, Central District of California, 1994
- U.S. District Court, Northern District of California, 1995
- U.S. District Court, Western District of California, 1995
- U.S. Supreme Court, 2011
Education
Wayne State University, J.D., cum laude
Honors College and James Madison College at Michigan State University, B.A.
- Phi Beta Kappa
Derek S. Whitefield's national trial practice is focused on the defense of product manufacturers, business entities, and insurers. Mr. Whitefield is the former Leader of the Firm's Product Liability Practice Group, and an elected member of the Firm's Executive Board. According to Chambers USA 2020, clients describe Mr. Whitefield as “a wonderful trial lawyer and a very effective communicator with juries - he is really good at personal connections.”
Experience
- Mr. Whitefield has tried and co-tried high exposure product liability cases throughout the U.S.
- Mr. Whitefield is one of the most knowledgeable lawyers in the country regarding automotive crash safety. He serves as trial, support, and discovery counsel to several automotive manufacturers in airbag cases.
- Mr. Whitefield has experience defending many types of products, including all aspects of motor vehicles, lift trucks, power tools, home appliances, and other industrial and consumer products.
- Mr. Whitefield provides advice concerning vehicle data recording, data privacy, driver distraction, and product liability avoidance, including design review and development of warnings, manuals and brochures.
- Mr. Whitefield has experience handling class action, unfair trade practice, environmental, commercial, automotive finance and insurance litigation. He has represented Japanese, German and Korean companies, including preparing and defending their corporate witnesses at deposition and trial.
- Mr. Whitefield started his legal career with Dykema in 1985, served on the GM Legal Staff between 1988 and 1993, and then returned to private practice representing business entities in product liability and commercial litigation. He re-joined Dykema as a Member and founded its Los Angeles office in 2003.
Significant Decisions
- Angelotti v. The Walt Disney Company, 192 Cal.App.4th 1394 (2011). Stunt performer deemed employee of production company and therefore claims were barred by exclusive remedy provision of worker’s compensation statute.
- Mines v. Honda, 305 A.D.2d 271 (2003). Court held sanction of dismissal was proper where plaintiff failed to comply with discovery orders.
- Free v. General Motors, 2003 Wash. App. LEXIS 617 (2003). Court held jury received correct instruction on test for defect that focused on objective test rather than the subjective consumer expectation test.
- McCabe v. Honda, 100 Cal.App.4th 1111 (2002). Court held summary judgment is improper if the product does not meet the ordinary consumer’s safety assumptions under the facts and circumstances of the case.
- Pruitt v. General Motors, 72 Cal.App.4th 1480 (1999). Court held deployment of an air bag is not part of everyday experience and so the consumer expectation test for defect should not apply.
Seminars & Speeches
- 2019 ABA Emerging Issues in Motor Vehicle Product Liability Litigation Seminar, Program Co-ChairApril 4-5, 2019
- October 16, 2018
- 2018 ABA Emerging Issues in Motor Vehicle Product Liability Litigation Seminar, Program Co-ChairApril 5, 2018
- Efficacy of Side Airbags in Mitigating Injury, ABA 2017 Emerging Issues in Motor Vehicle Product Liability Litigation ConferenceApril 7, 2017
- Ethical and Practical Considerations in Settling Cases, Panel Moderator, 25th Annual ABA Emerging Issues in Motor Vehicle Litigation Conference, Phoenix, ArizonaApril 8, 2016
- 2016 Emerging Issues in Motor Vehicle Product Liability Litigation, American Bar Association, Phoenix, ArizonaApril 7, 2016
- Progress and Change in the Federal Rules of Civil Procedure – What You Need to know About the Amendments, In-House CLE, Los Angeles, CaliforniaJanuary 25, 2016
- The Advantage (in Life and Litigation) of Asking Yourself Great Questions, Network of Trial Lawyers, New York, New YorkAugust 2014
- Data Recorders and Vehicle Accident Litigation (2013); Event Co-Chair (2012); Side Impact Developments and Regulation (2011), ABA Emerging Issues In Motor Vehicle Product Liability Conference2011-2013
- Bridging the Divide: Plaintiff and Defense Counsel Mediation Summit, Panel Co-Moderator and Co-Chair of Conference, 22nd ABA Conference on Automotive Product Liability Litigation, Phoenix, ArizonaMarch 28-30, 2012
Publications
- November 23, 2020The Open Road: Automotive Law Bloghttps://www.openroadlawblog.com/2020/11/nhtsa-releases-advance-notice-of-proposed-rulemaking-for-automated-driving-system-safety/
- September 16, 2014The National Trial Lawyershttp://www.thenationaltriallawyers.org/2014/09/asking-great-questions/
- June 19, 2014Law360http://www.dykema.com/news-item-Derek-Whitefield-Authors-Article-for-Law360-Discussing-Privacy-and-Crash-Data-Recording-2014.html
- "Pro Bono Could Be Collateral Damage of Senate's Rejection of DOJ Civil Rights Nominee", (Co-Author)March 19, 2014Law360
- "Pro Bono Work Is a Gift All Attorneys Should Be Giving" (Co-author)December 2008Los Angeles Daily Journal
- "A New Electronic Witness—EDRs in Motor Vehicles"October 2006Automotive Litigation Reporter, Vol. 26, No. 8, Thomson/Westlaw
News
- February 19, 2020
- February 10, 2020
- May 29, 2019
- September 22, 2014
- Article Suggests Concerns Some Have Raised About Intrusions on Privacy Are Not WarrantedJune 20, 2014
- Brittany Schultz Co-Chairs Three-Day Event; Sessions Will Cover Trial-Related Topics, Regulatory Developments and Issues Relating to Automakers, Component Part Manufacturers, Other SuppliersMarch 28, 2013
- April 13, 2012
- March 7, 2012
- February 29, 2012
Press Releases
- October 9, 2020
- June 10, 2020
- Firm Ranked as One of the Top 10 in the Nation for Consumer Class ActionsApril 23, 2020
- January 15, 2020
- November 25, 2019
- May 29, 2019
- January 30, 2019
- Dykema Listed as a "Highly Recommended" FirmOctober 30, 2018
- May 30, 2018
- January 30, 2018
- Dykema Listed as a "Highly Recommended" FirmOctober 26, 2017
- Eight Dykema Attorneys Also Receive Individual RecognitionMay 31, 2017
- January 20, 2017
- October 18, 2016
- January 25, 2016
- October 26, 2015
- January 21, 2015
- September 17, 2014
Memberships & Involvement
- State Bar of Michigan
- State Bar of California
- State Bar of Texas
- American Bar Association
- Los Angeles Bar Association
Community/Civic Activities
- Prior representation of Inmate on Death Row through the ABA Death Penalty Representation Project, pro bono to clients of LA County Bar Association's HIV and AIDS Legal Service Alliance (HALSA)
Awards & Recognition
Named a Leading Lawyer in Product Liability: Automobile Law and Product Liability: Consumer Class Actions Law by Chambers USA, 2020
Named a “Leading Lawyer” by The Legal 500 United States for Dispute Resolution - Product Liability, Mass Tort and Class Action: Automotive/Transport, 2019-2020
Recognized by The Legal 500 United States for Dispute Resolution - Product Liability, Mass Tort and Class Action: Automotive/Transport (2016-2020); Transport: Rail and Road – Litigation (2019-2020)
“Top Verdicts of 2019,” Los Angeles Daily Journal
Named a Litigation Star by Benchmark Litigation, 2014-2020
Recognized in Southern California Super Lawyers® for Personal Injury: Products Defense, Civil Litigation Defense, and Class Action Mass Torts: Defense, 2006-2020
Recipient of an AV® Preeminent™ Rating by Martindale-Hubbell
Detroit Bar Association, Barrister of the Year, 1990-1991