Fred B. Burnside
Partner
Co-chair, Class Action Defense Group
Fred Burnside concentrates his complex civil litigation practice on matters related to class-action defense, consumer financial services, and hydroelectric relicensing. His more than two decades as an attorney is distinguished by significant victories secured on behalf of financial service providers, at trial and on appeal in state and federal courts, particularly in class action lawsuits regarding non-sufficient funds (NSF) fees.
Fred obtained a motion to dismiss in the pioneer class action lawsuit over NSF fee practices and has since successfully defended other major financial services 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 favourable settlement, Fred has become the go-to NSF fee attorney for consumer financial service providers facing class action lawsuits.
His leadership at DWT includes serving as the co-chair of the class action defense group, and he previously served as the firm's deputy litigation department practice group chair, 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
West coast home lending litigation expertise
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
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Washington
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California
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Oregon
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U.S. District Court Western District of Washington
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U.S. District Court Eastern District of Washington
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U.S. District Court Northern District of California
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U.S. District Court Southern District of California
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U.S. District Court District of Colorado
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U.S. Court of Appeals 9th Circuit
Education
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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
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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
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- 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
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- Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2017-2022
- Selected to "Washington Super Lawyers," Thomson Reuters, 2014-2022
- 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
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- Associate, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, 2000-2002
- Judicial Intern, Hon. Barbara B. Crabb (W.D. Wisc.), Madison, Wis., 1999