Photo of Derek S. Whitefield

Derek S. Whitefield Member

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.

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.
  • 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.
  • 2019 ABA Emerging Issues in Motor Vehicle Product Liability Litigation Seminar, Program Co-Chair
    April 4-5, 2019
  • The Convergence of Automotive, Product, Class Action, and Consumer Litigation
    October 16, 2018
  • 2018 ABA Emerging Issues in Motor Vehicle Product Liability Litigation Seminar, Program Co-Chair
    April 5, 2018
  • Efficacy of Side Airbags in Mitigating Injury, ABA 2017 Emerging Issues in Motor Vehicle Product Liability Litigation Conference
    April 7, 2017
  • Ethical and Practical Considerations in Settling Cases, Panel Moderator, 25th Annual ABA Emerging Issues in Motor Vehicle Litigation Conference, Phoenix, Arizona
    April 8, 2016
  • Distracted Driving Caused Crashes: The Clash Between Personal Responsibility and Assigning Blame to an Application Provider or Vehicle Manufacturer
    2016 Emerging Issues in Motor Vehicle Product Liability Litigation, American Bar Association, Phoenix, Arizona
    April 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, California
    January 25, 2016
  • The Advantage (in Life and Litigation) of Asking Yourself Great Questions, Network of Trial Lawyers, New York, New York
    August 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 Conference
    2011-2013
  • 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, Arizona
    March 28-30, 2012
  • "The Advantage (in Life and Litigation) of Asking Yourself Great Questions"
    September 16, 2014
    The National Trial Lawyers
    http://www.thenationaltriallawyers.org/2014/09/asking-great-questions/
  • “Automobile Data Recording Is Not An Invasion Of Privacy”
    June 19, 2014
    Law360
    http://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, 2014
    Law360
  • "Pro Bono Work Is a Gift All Attorneys Should Be Giving" (Co-author)
    December 2008
    Los Angeles Daily Journal
  • "A New Electronic Witness—EDRs in Motor Vehicles"
    October 2006
    Automotive Litigation Reporter, Vol. 26, No. 8, Thomson/Westlaw

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)

Recognized by The Legal 500 United States for Dispute Resolution - Product Liability, Mass Tort and Class Action: Automotive/Transport (2016-18); Transport: Rail and Road – Litigation (2018)

Named a Litigation Star by Benchmark Litigation, 2014-2019

Recognized in Southern California Super Lawyers® for Personal Injury: Products Defense, Civil Litigation Defense, and Class Action Mass Torts, 2006-2018

Recipient of an AV® Preeminent™ Rating by Martindale-Hubbell

Detroit Bar Association, Barrister of the Year, 1990-1991