Ken Payson

Partner

Co-chair, Class Action Defense Group

T 206.757.8126 Seattle
I enjoy finding new ways to make my clients’ problems disappear.
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Ken Payson helps clients find the earliest, most cost-effective exit from actual or threatened class-action litigation. The co-chair of DWT’s class-action defense group, he guides clients safely through the complex statutory and regulatory framework of privacy, false advertising, employment, and product liability class-action jurisprudence.

Ken has represented global technology companies, financial institutions, telecommunication providers, and digital and print media companies. He has obtained numerous orders dismissing putative class actions or denying class certification, and has successfully defended them on appeal. He serves as lead counsel in class actions across the nation.

Practice Highlights

Privacy class actions

Defended more than 50 "blast text," "blast fax," and robocall class actions throughout the country involving claims under the federal Telephone Consumer Protection Act (TCPA) and similar state laws restricting unsolicited faxes and the use of auto-dialers and prerecorded or artificial voice to place texts or calls. Defended numerous privacy protection, information-sharing, and recording-disclosure practices class actions. Shielded clients from billions of dollars in statutory damages exposure.

False advertising and deceptive business practices class actions

Defended dozens of class actions alleging false advertising or deceptive business practices regarding consumer-facing representations and disclosures, and billing or other customer practices.

Employment class actions and litigation

Represented companies accused of violating wage-and-hour or other employment laws, including overtime, minimum wage, meal and rest breaks, commission calculations, adequate employee seating, and wrongful discharge claims.

Privacy Class Actions

False Advertising and Deceptive Business Practices Class Actions

*Denotes experience prior to joining Davis Wright Tremaine

Employment Class Actions and Litigation

*Denotes experience prior to joining Davis Wright Tremaine

Product Liability Class Actions

*Denotes experience prior to joining Davis Wright Tremaine

Admitted to Practice

  • Washington
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court Western District of Washington
  • U.S. District Court Eastern District of Washington
  • U.S. District Court Northern District of Illinois
  • U.S. District Court District of Colorado

Education

  • J.D., University of California, Berkeley, School of Law, 1996
    • Associate Editor, California Law Review
    • Editor-in-Chief, Asian Law Journal
    • Anthony Dragonette Memorial Award, Outstanding Student in Civil Trial Program
    • American Jurisprudence Award, Highest Grades and Rank in Civil Trial Practice and Pre-Trial Civil Litigation Courses
  • B.A., California State University, East Bay, 1993, magna cum laude

Memberships & Affiliations

    • Washington Leadership Institute Advisory Board, 2007-2010; Executive Director Search Committee, 2007; Judicial Recommendation Committee, 1997-2000 – Washington State Bar Association
    • Board of Governors, 1999-2000; Alternate Governor, 2002-2005; Student Scholarship Committee, 2010-2016 – National Asian Pacific American Bar Association
    • Washington State Minority & Justice Commission, 1999-2005
    • Co-chair, Joint Committee on Law Firm Diversity, 2007-2009 – Minority Bar Associations of Washington
    • President, 2004; President-Elect, 2003; Vice President, 2002; Board of Directors, 1997-1999, 2002-2005, 2007-2008; Judicial Evaluations Committee, Chair, 1997-1999 – Asian Bar Association of Washington
    • President, 2015-2016; Board of Directors, 2013-2018 – Asian Bar Association of Washington Student Scholarship Foundation
    • Chair, 2017-2018; Board of Directors, 2017-2018 – Washington Initiative for Diversity
    • Co-chair, Development Task Force – King County Bar Foundation Diversity Coalition, 2002

Professional Recognition

    • Named one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2013-present; Named in Appellate Practice, 2019-present
    • Named one of the "Best Lawyers Under 40," National Asian Pacific American Bar Association, 2002
    • Selected to "Washington Super Lawyers," Thomson Reuters, 2005-2018
    • Selected to "Washington Rising Stars," Thomson Reuters, 2004-2005
    • Received the “Excellence in Diversity Award,” Washington State Bar Association, 2009
    • Received the "Edward J. Davis Diversity & Mentorship Award," Davis Wright Tremaine, 2021

Background

    • Adjunct Professor, Seattle University School of Law, Seattle
    • Shareholder, Heller Ehrman LLP, Seattle
    • Law Clerk, Hon. Barbara Durham, Chief Justice, Washington State Supreme Court, Olympia, Wash.
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