Fred B. Burnside

Partner

Co-chair, Class Action Defense Group

I solve problems.

Fred Burnside concentrates his complex civil litigation practice on matters related to class-action defense, consumer financial services, and commercial litigation. His more than two decades as an attorney is distinguished by significant victories in state and federal trial and appellate courts, particularly in actions challenging banking fees and services.

Since successfully defending a pioneer class action lawsuit over insufficient funds (NSF) fee practices, Fred has represented dozens of major financial service providers facing similar claims. He also has the rare experience of taking a financial services class action through a jury trial—and winning. With an established track record of securing outright victory or favorable settlements, Fred has become the go-to attorney for consumer financial service providers facing class action lawsuits challenging fees charged by banks and credit unions.

His leadership at DWT includes serving as the co-chair of the Class Action Defense group and co-chair of the Consumer Financial Services Litigation industry team, and he previously served as the firm's Deputy Chair of the Litigation Department, Executive Committee member, and on the firm's Share (Compensation) Committee. He is a co-chair of the ABA's Annual National Institute on Class Actions, editor of the ABA Class Action Committee's Annual Survey of State Class Action Litigation, and a member of the American Law Institute.

Practice Highlights

Financial services class action litigator with trial experience

Litigated or is litigating more than a dozen class actions challenging overdraft, ATM, and NSF fee practices in Washington, Oregon, California, Utah, Virginia, Louisiana, and Massachusetts. Successfully argued lead case granting motion to dismiss claims over multiple NSF fees in Lambert v. Navy Federal Credit Union; has likewise obtained several dismissals of similar claims.

West Coast home lending litigation expertise

Leads a diverse team of lawyers in defending financial institutions in California, Oregon, Washington, and Alaska in home lending litigation and prevailed at the state and federal trial court levels in more than 750 cases over 20 years.

Class Action Litigation

Consumer Financial Services Litigation, Federal Appellate Decisions

Consumer Financial Services Litigation, State Supreme Court Appellate Decisions

Consumer Financial Services Litigation, State Court of Appeals Decisions

Consumer Financial Services Litigation, Federal Trial Court Decisions

Land Use Litigation

Admitted to Practice

Washington
California
Oregon
U.S. District Court Western District of Washington
U.S. District Court Eastern District of Washington
U.S. District Court Northern District of California
U.S. District Court Southern District of California
U.S. District Court District of Colorado
U.S. Court of Appeals 9th Circuit

Education

J.D., University of Wisconsin Law School, cum laude
- Note & Comment Editor; Malt & Barley Editor, Wisconsin Law Review
- Member, University of Wisconsin Moot Court Board
- Recipient, Wisconsin State Bar Award for Highest Academic Achievement
- Elected as Student Graduation Speaker
B.A., Philosophy, The Colorado College, with distinction
- Phi Beta Kappa
- Philosophy Department Nominee for the Rhodes Scholarship
- Recipient, Robert Lewis and J. Glenn Gray Awards for Scholarship in Philosophy

Memberships & Affiliations

- Co-chair, Davis Wright Tremaine's Class Action Defense Group
- Member, Davis Wright Tremaine's Share Committee
- Board Member of The William L. Dwyer American Inn of Court
- Co-chair, National Institute on Class Actions, Class Action and Derivative Suits Committee, American Bar Association
- Washington State Liaison, Class Action and Derivative Suits Committee, American Bar Association
- American Law Institute, Principles of Aggregate (Class Action) Litigation, Members Consultative Group

Professional Recognition

- Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2017-2023
- Ranked as one of the Top 100 Lawyers in Washington, Thompson Reuters, 2022-2023
- Selected to "Washington Super Lawyers," Thomson Reuters, 2014-2023
- Selected to "Washington Rising Stars," Thomson Reuters, 2007-2008, 2010-2012
- Named as one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2013-present; in Mortgage Banking Foreclosure Law, 2016-present; in Appellate Practice, 2018-present
- Elected to American Law Institute

Background

- Associate, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, 2000-2002
- Judicial Intern, Hon. Barbara B. Crabb (W.D. Wisc.), Madison, Wis., 1999

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