Derald Hay, Goodwin Procter LLP Counsel, practices Real Estate

Derald J. Hay

Counsel
Derald J. Hay
Boston
+1 617 570 1737

Derald Hay is a counsel in the Real Estate Industry group and focuses his practice on negotiating construction transactional documents associated with private and public development and redevelopment projects on behalf of owners, lenders, design professionals and construction professionals. He uses his forestry background to help clients with transactional and compliance advice regarding the management and operation of natural resource investments, including timber, agriculture, oil and natural gas.

Experience

Mr. Hay has extensive experience working on unique or novel projects, including major public infrastructure projects, commercial development, and planned residential and condominium development. Mr. Hay works closely with clients in the development of general requirements applicable to construction contracts to mitigate risks and manage potential disputes. When disputes arise, whether related to additional or unforeseen work, Mr. Hay provides counsel regarding the entitlement to additional time or compensation under the contract documents and strategies to negotiate a resolution and avoid escalating the dispute.

Mr. Hay has also worked with clients on regulatory compliance and transactional advice associated with natural resource extraction, hazardous waste management, RCRA, and long-term environmental remediation activities.

Professional Activities

Mr. Hay is a member of the Boston Bar Association, Pennsylvania Bar Association and American Bar Association. Mr. Hay is also involved with the Environmental Law Institute, Society of American Foresters and Penn State Forest Resources Alumni Board.

Professional Experience

Prior to joining Goodwin, Mr. Hay was a construction and environmental associate at Fox Rothschild LLP in Pennsylvania.

While in Pennsylvania, Mr. Hay served on the Upper Uwchlan Township Planning Commission.

Mr. Hay was a summer law clerk for the U.S. Environmental Protection Agency in Philadelphia, Pennsylvania and the U.S. Department of Justice in Washington, D.C.

While at Penn State, Derald was a Goddard Fellow and assisted in the creation of a habitat conservation bank, a program to streamline the administrative permitting process for real estate development on parcels with bog turtle habitat in southeastern Pennsylvania.

Credentials

Education

JD2007

Penn State University

Dickinson School of Law

Master of ScienceForest Resources2007

Penn State University

BSForest Science2003

Penn State University

with distinction

Admissions

Bars

  • Massachusetts
  • Pennsylvania
  • New Jersey

Recognition & Awards

Mr. Hay was named as Pennsylvania Super Lawyer “Rising Star” in 2011, 2013, 2014, 2015 and 2016. Mr. Hay was also included in the Main Line Today Top Lawyers List in 2010 and 2011.

While attending law school, he was an articles editor and contributor for the Penn State Dickinson School of Law Environmental Law Review.

Publications

January 22, 2015
Jack Frost National Seeks Sound Alternative for PennEast Compressor

The Journal of the Pocono Plateau

January/February 2010
Habitat Conservation Banking: Profiting from Endangered Species

Journal of Forestry

December 2009
CAR's Forest Project Protocol: Potential Pitfalls May Limit Enrollment for Carbon Credits

The Forestry Source

Spring 2009
Seller Beware: Some Perils and Solutions to Leasing Oil and Gas Rights

The Allegheny News

2008
Post-Kyoto Stress Disorder: How the United States Can Influence International Climate Change Policy

Missouri Environmental Law and Policy Review

2007
A Comparison of the Hedonic Pricing Method and Assessment Value Method for Large Parcels in Chester County, Pennsylvania

Thesis, The Pennsylvania State University

2006
When Sealing the Leaks of Habitat Conservation Banking, Multiple Gaskets are Needed: The Case for Bog Turtle in Pennsylvania

14 Penn State Envtl. Law Review, 299-337

2006
Legal Tools That Provide Direct Protection for Elements of Biodiversity

Biodiversity Conservation Handbook 277-255