Ken Payson

He/Him

Partner

Firmwide Hiring Partner

Co-chair, Class Action Defense Group; Co-chair, Attorneys of Color Affinity Group

I help companies turn class action risk into a clear, cost-effective path forward.

Ken Payson helps companies confronted with class action risk find the earliest practical, most cost-effective path to resolution—whether through dismissal, defeat of class certification, or success on appeal. As co-chair of DWT's class action defense group, Ken has spent nearly 30 years defending clients nationwide in high-stakes privacy, false advertising, employment, and unfair or deceptive practices litigation.

A nationally recognized litigator, Ken has been ranked by Chambers, Best Lawyers, and Super Lawyers for commercial and class action litigation. He represents clients across a broad range of industries, including global technology companies, healthcare providers, financial institutions, telecommunications providers, and digital and print media companies. Ken has secured numerous orders dismissing putative class actions, defeating class certification, and preserving those victories on appeal. Clients turn to him for strategic judgment, efficient execution, and a clear focus on reducing litigation risk before class actions become business disruptions.

Practice Highlights

Privacy class actions

Defended more than 100 "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 an attorney's experience prior to joining Davis Wright Tremaine

Employment Class Actions and Litigation

Product Liability Class Actions

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Admitted to Practice

Washington
U.S. Court of Appeals, 6th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, Northern District of Illinois
U.S. District Court, District of Nebraska
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington

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, 2023-2024 – 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 "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2025
- Named one of the "Best Lawyers in America" by Best Lawyers in Commercial Litigation, 2013-present; 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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