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Desktop Image: Rummage, Stephen M.
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Stephen M. Rummage

Senior Counsel

T 206.757.8136 Seattle
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Steve Rummage represents clients in complex litigation and appeals, with an emphasis on commercial litigation and class action defense. In 41 years of practice, he has handled a wide variety of high-value litigation, including consumer class actions, securities fraud claims, employment class actions, complex contract disputes, and intellectual property claims. His work has included leading roles in some of the Pacific Northwest's most significant litigation, ranging from the Washington Public Power Supply System bond default in the 1980s, the Exxon Valdez oil spill litigation in the 1990s, and the Washington Mutual Securities Litigation in the most recent decade.

Steve represents clients from a broad variety of industries, including software, sharing economy platforms, telecommunications, cloud services, and financial services. In addition to his trial practice, Steve has argued dozens of appeals in state and federal courts, including high-profile cases that established Washington and federal law on issues ranging from class action procedure to securities to land use.

Class Action Experience

Baker v. Microsoft Corp.

Represented Microsoft in the United States Supreme Court, stemming from a putative nationwide products liability class action alleging defects in the Xbox 360 console. District court granted Microsoft's motion to strike class allegations, and the 9th Circuit denied review. After plaintiffs dismissed voluntarily to facilitate an appeal from the dismissal, the 9th Circuit took jurisdiction and reversed the order striking class allegations. The U.S. Supreme Court reversed, accepting Microsoft's position and holding the 9th Circuit lacked jurisdiction over the appeal. 137 S.Ct. 1702 (U.S. 2017)

Ryan v. Microsoft Corp.

Represented Microsoft in putative antitrust class action alleging Microsoft conspired with other high-technology companies, particularly in Silicon Valley, to suppress employee wages. Court granted Microsoft's motion to dismiss with prejudice after first allowing plaintiffs to re-plead. (N.D. Cal., 2016)

Geier v. m-Qube, Inc.

Represented former aggregator of premium short message services in putative class action alleging violation of the Washington Consumer Protection Act based on alleged "cramming" of PSMS charges on cell phone bills. District court twice denied motion for class certification, and 9th Circuit denied petition for leave to appeal. Case was then resolved on an individual basis. (W.D. Wash., 9th Cir. 2016)

Bleak v. Spotify

Represented Spotify in putative California class action litigation alleging violation of California statute governing subscription disclosures. Successfully moved to compel individual arbitration. (N.D. Cal. 2014)

Cousineau v. Microsoft

Represented Microsoft in putative nationwide class action litigation alleging violation of Electronic Communications Privacy Act and other statutes arising from collection of location information through Windows Phone mobile operating system. Obtained dismissal of most claims on motion to dismiss. After discovery, obtained summary judgment on remaining claim. 6 F.Supp.3d 1167 (W.D. Wash. 2014)
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Selected Securities Litigation Experience

FutureSelect Portfolio Management, Inc. v. Tremont Group Holdings, Inc.

Defended international accounting firm against claims of alleged negligent misrepresentation and breach of the Washington State Securities Act arising from investments in Madoff feeder funds. After Washington Supreme Court reversed dismissal, co-chaired a four week trial. The jury returned a defense verdict on Securities Act claims, found the plaintiff 50 percent at fault, and awarded less than 10 percent of amount sought. (King Cnty. (Wash.) Super. Ct. 2015)

Kuhnle v. Clearwire

Represented Clearwire against derivative action seeking to block its acquisition by Sprint. Successfully moved for stay in deference to parallel action pending in Delaware. Plaintiffs then stipulated to dismissal with prejudice. (King Cnty. (Wash.) Super. Ct. 2013)

Gordon v. Microsoft Corporation

Defended Microsoft and its Board against claims of a putative class of shareholders seeking to enjoin annual meeting based on allegedly inadequate proxy disclosures concerning executive pay and employee incentive compensation plan. After Microsoft filed a motion to dismiss, plaintiff dismissed with prejudice. (King Cnty. (Wash.) Super. Ct. 2012)

In re SonoSite Shareholder Litigation

Represented FujiFilm Holdings Corp. against shareholder claims seeking to enjoin its acquisition of SonoSite. Case resolved on the basis of enhanced disclosures in proxy statement. (King Cnty. (Wash.) Super. Ct. 2012)

In re Washington Mutual Securities, Derivative and ERISA Litigation

Represented Washington Mutual officers in multidistrict class action litigation and tag-along cases pending in federal district court in the Western District of Washington involving securities claims arising from collapse of housing market and FDIC seizure of WAMU assets. Appointed by court as sole liaison counsel for all defendants. Case settled after four years of litigation. (W.D. Wash., 2011)

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Selected Appellate Experience

Leyse v. Lifetime Entertainment Services, LLC

Successfully defended appeal from district court's denial of class certification and ultimate dismissal of proposed class action under federal Telephone Consumer Protection Act. Case now pending in U.S. Supreme Court on the plaintiff's petition for a writ of certiorari. 679 Fed. Appx. 44 (2nd Cir. 2017)

Beijing Zhongyi Zhongbiao Electronic Information Technology Co. Ltd. v. Microsoft Corp.

Successfully defended appeal from district court order dismissing claims alleging infringement of copyrights in Chinese character fonts, despite judgment in People's Republic of China finding infringement. 655 Fed. Appx. 564 (9th Cir. 2016)

Frias v. Asset Foreclosure Services

On certified question from federal district court, persuaded Washington Supreme Court to limit borrowers' damage claims under the Washington Deed of Trust Act (DTA). 181 Wash.2d 412, 334 P.3d 529 (2014)

Volcan Group v. Omnipoint Communications, Inc.

Successfully defended appeal from district court order dismissing multimillion-dollar claims based on plaintiff's discovery abuse and spoliation. 552 Fed.Appx. 644 (9th Cir., 2014)

Washington State Major League Baseball Public Facilities District v. Huber, Hunt & Nichols-Kiewit Constr. Co.

Represented Safeco Field's owner and its tenant, the Seattle Mariners, in two appeals arising from dismissals of claims against contractor for latent defects in fireproofing coatings. In first appeal, persuaded the Supreme Court that statute of limitations did not apply, as the action had been brought for the benefit of the State. 165 Wash.2d 679, 202 P.3d 924 (2009). In second appeal, persuaded a unanimous Supreme Court that parties' contract made statute of repose inapplicable. 176 Wash.2d 502, 296 P.3d 821 (2013)
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Admitted to Practice

  • Washington, 1980
  • U.S. Supreme Court, 1985
  • U.S. Court of Appeals, 2nd Circuit, 2016
  • U.S. Court of Appeals, 9th Circuit, 1983
  • U.S. Court of Appeals, 6th Circuit, 2008
  • U.S. District Court, Western District of Washington, 1980
  • U.S. District Court, Eastern District of Washington, 1986

Education

  • J.D., University of California, Berkeley School of Law, 1980
    • Order of the Coif
  • B.A., History & Creative Writing, Stanford University, 1977, with distinction
    • Phi Beta Kappa

Professional Recognition

    • Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2004-2025; Received "Band 1" ranking, 2012-2025
    • Named as one of the "Best Lawyers in America" by Best Lawyers in Commercial Litigation, 2006-present; in Bet-the-Company Litigation, 2010-present; in Appellate Practice, 2015-present; in Litigation - Intellectual Property, 2018-present; in Advertising Law, 2025-present
    • Named "Lawyer of the Year" in Bet-the-Company Litigation (Seattle) by Best Lawyers, 2017, 2019, 2024
    • Selected to "Top 100 Washington Super Lawyers," Thomson Reuters, 2003-2016
    • Selected to "Washington Super Lawyers," Thomson Reuters, 2003-2024
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Publications
06.06.25
News
Chambers USA Affirms Davis Wright Tremaine's Growing National Leadership in Key Industry Sectors Read More
Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More
Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More
Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More
Publications
03.10.23
News
T-Mobile Honors Davis Wright Tremaine With Excellence in Diversity Award Read More
Publications
06.07.22
News
Chambers USA Recognizes Davis Wright Tremaine for Excellence in Key Practice Areas and Industry-Leading Success With DEI Read More
Publications
05.21.21
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
Publications
05.01.21
News
Steve Rummage Named to the Super Lawyers "Top 100" List in Washington State Read More
Publications
03.09.21
News
Brand Protection & Advertising
"Costco, Others Ink False Ad Deals Over Kona Coffee," Law360 Read More External Link
Publications
04.28.20
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
Publications
05.29.19
News
Davis Wright Tremaine Recognized by Chambers as One of the Country’s Leading Law Firms for Business Read More
10.19.18
Presentations
Panelist, "'Never a Day Off' Understanding and Managing Economic Risks for Lawyers on Both Sides of the v." 22nd Annual National Institute on Class Actions, American Bar Association, Chicago
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