Derek is a partner in the firm's Corporate Transactions & Securities practice group. His practice as an attorney is focused in the following areas:

  • Takeovers, control contests and activist shareholder matters
  • Public company board and special committee matters
  • Securities law and public company reporting
  • Mergers and acquisitions
  • General corporate matters

Derek also provides advice regarding strategy in takeover and activist shareholder matters and other contests for corporate control.


Derek's recent work has principally consisted of the following:

  • Representation of activist investors, contests for corporate control, and advising public companies regarding takeover preparedness, activist hedge funds and other activist shareholders.
  • Advising public company boards and special committees on corporate governance, securities offerings and sale transactions.
  • Service as Ohio local counsel on takeover matters involving the Ohio control share acquisition statute, Ohio merger moratorium statute, Ohio control bid statute, and Ohio greenmail statute.
  • Service as Ohio local counsel on public company and other strategic transactions involving Ohio corporations.
  • Securities offerings and advising public companies on periodic reporting and general securities law matters.
  • Acquisitions and dispositions for public companies in the S&P500, middle market public companies and private middle market companies.
  • Representation of start-up companies with formation and capitalization matters and attracting venture capital investors.

The following publications were authored or co-authored by Derek Bork:

  • "The Folly of Battling Activist Investors,” hedgetracker.com, October 4, 2015
  • "Dealmakers Q&A: Thompson Hine's Derek Bork," Law360, September 15, 2014
  • "Shareholder Activism Via Board Control Often Requires Long Range View," Deal Lawyers, September-October 2012
  • "Startup Companies Update: SEC Proposes Rules Lifting Regulation D General Solicitation Prohibition," September 2012
  • "Activism via Board Control Often Requires Long Range View," HedgeTracker.com, July 2012
  • "Startup Companies Update: The JOBS Act: Impact on Capital-Raising for Startup Companies," April 2012
  • "Do-It-Yourself Shareholder Activism – A Risky Venture," Hedgetracker.com, January 2012
  • Comment Letter to the Securities and Exchange Commission on Proposed Whistleblower Rules under the Dodd-Frank Act, December 2010
  • "Public Company Update: Proxy Access – Initial Considerations for Public Companies," September 2010
  • "Easy Prey: Small Cap Companies Often Neglect Takeover Defenses," Securities Law 360, June 2010
  • "Public Company Update: Placing a Poison Pill 'On the Shelf'," August 2009
  • Comment Letter to the Securities and Exchange Commission on Proposal Regarding Proxy Access, July 2009
  • "Now or Never: It's Time to Revive the Poison Pill," Bloomberg Law Reports: Corporate Law, April 2009
  • "Greenmail Disgorgement Statutes and Corporate By-Law Provisions Could Trap Activist Hedge Funds," Bloomberg Corporate Law Journal, Winter 2009 Issue
  • "Venture Cap May Come With Request for Control," Crain's Cleveland Business, June 2002
  • Contributing Author, Punitive Damages and Business Torts: A Practitioner's Handbook, American Bar Association, 1998

The following articles quote or mention Derek Bork:

  • "At EZchip Semiconductor, activist may have a favorable position," TheDeal.com, October 23, 2015
  • "Activist environment demands more strategy, financial savvy in messaging," Crain's Cleveland Business, May 23, 2015
  • "Activist investors are playing an increasingly strong role in company actions," Crain's Cleveland Business, February 15, 2015
  • "Attorneys for Activist Investors," The Activist Investor, December 2, 2014
  • Chairman's Letter to Shareholders, Paragon Technologies, Inc., June 13, 2014
  • "Shareholder Activism May Jolt Restaurant Property Deals," Law 360, January 17, 2014
  • Chairman's Letter to Shareholders, Paragon Technologies, Inc., August 26, 2013
  • "The case against a Delaware state common law fraud action from alleged misstatements in a filing required by federal securities law," M. Drory · University of Pennsylvania Journal of Business Law, Spring 2012
  • "GCs Laud Securities, M&A Attorneys With Top Client Skills," Law 360, February 2012
  • "Leonard Green's $1.6B Jo-Ann Buyout Triggers Probes," Law 360, December 2010
  • "In-House Counsel Name Favorite Securities Lawyers," Law 360, January 2010
  • "Proxy Access: A Study of 500+ Letters Submitted to the SEC on 'Facilitating Shareholder Director Nominations,'" The Altman Group, November 30, 2009
  • "Poison Pill Increasingly A Tough Call," Law 360, October 2009
  • David P. Porter, "Institutional Investors and Their Role in Corporate Governance: Reflections by a "Recovering" Corporate Governance Lawyer," 59 Case W. Res. L. Rev. 627 (2009)
  • "Implementing Stock Buyback Programs at Activist - Controlled Boards," May 2015
  • "The Poison Pill: A Classic from 1979," October 2011
  • "Activist Investing Roundtable," panelist, April 2010
  • "Proxy Fights,” March 2010
  • "Consideration of Placing a Poison Pill 'On the Shelf'," August 2009
  • "A Thousand Decisions in 56 days: Winning the Proxy Contest," May 2009
  • "The 'Fiduciary Duty Club' in Proxy Contests," March 2009
  • "Recent Trends in M&A Due Diligence and Litigation," August 2008
  • "Structuring a Debt Tender Offer in an M&A Transaction," December 2004
  • "Teaming with In-House Counsel and Professionals on M&A Transactions," November 2004
  • "Buying a Company During its IPO Process," October 2004
  • Selected for inclusion in The Best Lawyers in America, 2016
  • BTI Client Service All-Star, 2010, 2012 and 2014
  • Listed in Legal 500 in Merger and Acquisition, 2014
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyers magazine, 2009
Professional and Civic

Professional Associations

  • Ohio State Bar Association - Corporation Law Committee, Tender Offer Subcommittee (Vice Chair) and Legislative Review Subcommittee
  • Ohio Venture Association
  • ACG Cleveland, Deal Maker Awards Steering Committee, 2009

Community Activities

  • The Littlest Heroes, member, Board of Directors, 2004 to 2010; member, Governance and Nominating Committee, 2004 to 2010; member, Executive Committee, 2008 to 2010
  • Cleveland International Program, member, Board of Trustees, 2002 to 2005; chairman, Program Committee, 2002 to 2004