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Desktop Image: Burnside, Fred B.
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Fred B. Burnside

Partner

Co-chair, Class Action Defense Group; Financial Partner, Litigation Practice

Member, Executive Committee

T 206.757.8016 Seattle
T 415.276.6516 San Francisco
I solve problems.
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Fred Burnside concentrates his complex civil litigation practice on matters related to class-action defense, consumer financial services, and commercial litigation. His more than 25 years as an attorney is distinguished by significant victories in state and federal trial and appellate courts, particularly in actions challenging financial services and privacy.

Fred has represented dozens of major financial service providers facing claims relating to bank fees and charges under federal and state consumer credit and protection statutes. He also has successfully defended technology clients and financial services entities in privacy litigation, mass arbitrations, and regulatory inquiries. Fred also has the rare experience of taking a financial services class action through a jury trial—and winning—as well as prevailing in the United States Supreme Court on class-action issues. With an established track record of securing outright victory or favorable settlements, Fred has become the go-to attorney for consumer financial service providers and technology companies facing class action lawsuits.

His leadership at DWT includes serving as the co-chair of the Class Action Defense group and current member of the DWT's Executive Committee. Fred previously served as the firm's Deputy Chair of the Litigation Department, Hiring Committee Member, and has twice served three-year terms 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, "The Law of Class Actions: Fifty-State Survey" (and author of the Oregon and Washinton chapters), 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, Massachusetts, New York, Rhode Island, Mississippi, Arizona, Utah, Virginia, and Louisiana. Successfully tried a class action to a defense verdict in a two-week jury trial seeking $175 million from a state-chartered bank.

West Coast home lending litigation expertise

Led 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

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Consumer Financial Services Litigation, Federal Appellate Decisions

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Consumer Financial Services Litigation, State Supreme Court Appellate Decisions

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Consumer Financial Services Litigation, State Court of Appeals Decisions

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Consumer Financial Services Litigation, Federal Trial Court Decisions

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Land Use Litigation

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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, Class Action Defense Group, Davis Wright Tremaine
    • Executive Committee, Davis Wright Tremaine
    • Financial Partner (CFO), Litigation Practice Group, Davis Wright Tremaine
    • Board Member, 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
    • Principles of Aggregate (Class Action) Litigation, Members Consultative Group, American Law Institute

Professional Recognition

    • Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2017-2025
    • Selected to "Washington Super Lawyers," Thomson Reuters, 2014-2025
    • Selected to "Top 100 Washington Super Lawyers," Thompson Reuters, 2022-2024
    • Selected to "Washington Rising Stars," Thomson Reuters, 2007-2008, 2010-2012
    • Named one of the "Best Lawyers in America" by Best Lawyers in Commercial Litigation, 2013-present; in Mortgage Banking Foreclosure Law, 2016-present; in Appellate Practice, 2018-present; in Mass Tort Litigation / Class Actions - Defendants, 2024-present
    • Selected by Best Lawyers as Seattle's "Lawyer of the Year" in Mass Tort Litigation / Class Actions - Defendants, 2025
    • 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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