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, 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 with a quickly growing mediation practice.
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; (c) as AV Preeminent Peer Review Rated by Martindale-Hubbell for his legal knowledge, communication skills, and ethical standards; and (d) and “Legal Elite” by the Charleston Business Magazine. He also previously served as the President of the Young Lawyers Division of the South Carolina Defense Trial Attorneys Association.
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.
Derek grew up across the country with stops in St. Louis, Missouri; Denver, Colorado; Shreveport, Louisiana; Lake Charles, Louisiana; and Austin, Texas, but has lived in South Carolina since 2002.
Derek lives in Charleston with his wife, Erin, and three young sons. In his free time, Derek enjoys watching his sons compete in sports of all types, surfing, live music, boating and fishing.
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.
Construction
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.
General Liability
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.
Products Liability
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.
Professional Malpractice & Ethics
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.
Recognition
•Best Lawyers: Ones to Watch in America, Best Lawyers, 2021-2026
•Awarded in: Construction Law, Medical Malpractice Law - Defendants, Product Liability Litigation - Defendants
•AV Preeminent Peer Review Rated, High Ethical Standing; Martindale-Hubbell
•South Carolina Rising Star, Super Lawyers, 2022-2024
•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
In the Press
33 HBS Attorneys Named to 2025 Best Lawyers: Ones to Watch in America
August 16, 2024
HBS is excited to announce that 33 lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch in America.
