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Derek W. Edwards

The payments processing, financial technology, and financial services world is evolving rapidly, and public and private companies, acquirers, payment processors, financial institutions, ATM operators, and other financial services companies depend on Derek Edwards to answer their needs across the country. For over fifteen years, Derek has advised them on consumer, merchant, and inter-company disputes, as well as defended consumer lawsuits and class-action litigation under financial services legislation, including the following:

  • Electronic Funds Transfer Act (EFTA), Regulation E
  • Fair Credit Reporting Act (FCRA)
  • Fair Debt Collection Practices Act (FDCPA)
  • Truth in Lending Act (TILA)
  • Americans with Disabilities Act (ADA)
  • Telephone Consumer Protection Act (TCPA)

Derek responds as novel legal issues arise. For example, he is a frequent speaker concerning mitigating litigation risk for ATM operations and financial services companies complying with the Americans with Disabilities Act. He has presented at meetings of the ATM Industry Association, including at its annual meeting, and to the Tennessee Bankers Association.

Not only do financial service companies call upon Derek to defend consumer class-action lawsuits, but they also seek his counsel on matters of their day-to-day operations, including contract enforcement, payment disputes, creditor rights, and identity theft concerns. Payment processors, independent service organizations (ISOs), acquirers, and sponsor banks all have sought Derek to defend and prosecute their lawsuits in federal courts across the country. Derek has defended hundreds of inter-company disputes, consumer complaints, and consumer class-actions, from California to Massachusetts, Illinois to Texas, Mississippi to Delaware. He has also obtained multi-million dollar verdicts and settlements for punitive damages for contract interference and competitive injuries.

Clients depend on Derek to be responsive, efficient, creative, and tough. They benefit greatly from his depth of knowledge of financial services legislation and that his time for them is spent crafting solutions, not learning the law.

Best Lawyers in America has recognized Derek as a leader in Commercial Litigation since 2013.

Experience

  • Defended dozens of putative EFTA class-action ATM fee-decal cases in federal courts including New York, California, Massachusetts, Pennsylvania, Illinois, Georgia, Connecticut, Minnesota, Indiana, Tennessee, Alabama, Texas and New Jersey
  • Consolidated four putative ATM class-action lawsuits before the Panel on Multidistrict Litigation in New Orleans: In re Regions Bank ATM Fee Notice Litigation, 763 F.Supp.2d 1372 (J.P.M.L. Feb. 3, 2011) and 2011 WL 4036691 (S.D. Miss. Sep. 12, 2011)

Professional

  • Member, Nashville, Tennessee and American Bar Associations
  • Member, ATM Industry Association
  • Member, Defense Research Institute (DRI)

Prior affiliations:

  • Attorney, Washington D.C. office of Los Angeles-based firm, Gibson, Dunn & Crutcher, LLP
  • Lieutenant, United States Navy
    • Officer onboard USS Gettysburg, an Aegis guided-missile cruiser, 1993-1997
    • Served as Navigator, Gunnery Officer and Propulsion Division
    • Deployed twice to the Persian Gulf and Mediterranean Sea and once to the Baltic Sea.
    • Piloted USS Gettysburg to and from the Persian Gulf, including two transits through the Suez Canal

Education

  • J.D., Vanderbilt University Law School, 2000
  • B.A., cum laude, Duke University, 1993
    • Dean's List with Distinction for three years

Legal Services

Industries Served

Bar Admissions

  • Tennessee
  • California

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals for the Sixth, Ninth and Eleventh Circuits
  • U.S. District Court, All Districts of California
  • U.S. District Court, All Districts of Tennessee
  • U.S. District Court, All Districts of Texas
  • U.S. District Court, All Districts of Michigan
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, District of Nebraska
  • Supreme Court for the State of California
  • Supreme Court for the State of Tennessee

Up Close

A meteorology buff and photography enthusiast, Derek as achieved a degree of "fame" for the images he captured during the 1998 tornado that swept through downtown Nashville (http://www.srh.noaa.gov/ohx/?n=nashvilletornado1998). When not storm-chasing, Derek enjoys cycling, running, gardening and coaching sports for his three daughters.