Derek Loeser is a senior member of Keller Rohrback’s nationally recognized Complex Litigation Group and a member of the firm’s Executive Committee. He maintains a national practice prosecuting class action and large scale individual cases, including corporate fraud and misconduct, securities, Employee Retirement Income Security Act (“ERISA”) pension and health plan, breach of fiduciary duty, and investment mismanagement cases. Derek has served as lead and co-lead counsel in large, complex cases in both state and federal courts around the country.
Derek has been a plaintiffs’ attorney for over twenty years. He has a passion for taking on large corporations and holding them accountable for wrongdoing. Through all stages of litigation, including trial, he has helped recover over a billion dollars for institutions, retirement plans, retirees, employees, and consumers. Notable cases include mortgage-backed securities cases on behalf of the Federal Home Loan Banks of Chicago, Indianapolis and Boston, and ERISA class cases representing employees in pension cases against Enron, WorldCom, Countrywide, and Washington Mutual, and health plan cases against major pharmacy benefit managers, insurers, and drug manufacturers.
Many of Derek’s cases have required coordinating with state and federal agencies involved in litigation that parallels cases pursued by Keller Rohrback, including states attorneys general, the Department of Justice, and the Department of Labor. In addition, Derek has extensive experience negotiating complex, multi-party settlements, and coordinating with the many parties and counsel necessary to accomplish this.
Before joining Keller Rohrback, Derek served as a law clerk for the Honorable Michael R. Hogan, U.S. District Court for the District of Oregon, and was a trial attorney in the Employment Litigation Section of the Civil Rights Division of the U.S. Department of Justice in Washington, D.C., where he prosecuted individual and class action employment discrimination cases. He is a frequent speaker at national conferences on class actions, ERISA and other complex litigation topics.
Bar and Court Admissions
1997, U.S. Court of Appeals for the Ninth Circuit
1998, U.S. District Court for the Western District of Washington
1998, U.S. District Court for the Eastern District of Washington
2002, U.S. District Court for the Eastern District of Michigan
2004, U.S. District Court for the Northern District of Illinois
2007, U.S. Court of Appeals for the Second Circuit
2009, U.S. Court of Appeals for the Eighth Circuit
2009, U.S. Court of Appeals for the Eleventh Circuit
2010, U.S. Court of Appeals for the Fourth Circuit
2010, United States Supreme Court
2012, U.S. Court of Appeals for the Third Circuit
2014, U.S. Court of Appeals for the First Circuit
Middlebury College – B.A., summa cum laude, 1989, American Literature, Stolley-Ryan American Literature Prize (highest departmental honors), Phi Beta Kappa
University of Washington School of Law – J.D., with honors, 1994
Professional and Civic Involvement
King County Bar Association, Member
Washington State Bar Association, Member
American Bar Association, Member; Employment Benefits Committee Member
National Employment Lawyers Association, Member
American Civil Liberties Union of Washington, Cooperating counsel
Honors & Awards
U.S. Department of Justice Honors Program Hire, 1994
U.S. Department of Justice Award for Public Service, 1996
U.S. Department of Justice Achievement Award, 1996
Selected to Rising Stars list in Super Lawyers – Washington, 2005-2007
Named to Washington Super Lawyers list, 2007-2012, 2014-2016
Recipient of the 2010 Burton Award for Legal Achievement for the article, The Continuing Applicability of Rule 23(b)(1) to ERISA Actions for Breach of Fiduciary Duty,. Pension & Benefits Reporter, Bureau of National Affairs, Inc. (Sept. 1, 2009).
Articles & Presentations
Derek W. Loeser, The Legal, Ethical, and Practical Implications of Noncompetition Clauses: What Physicians Should Know Before They Sign, J.L. Med. & Ethics, Vol. 31:2 (2003).
Derek W. Loeser & Benjamin B. Gould, Point/Counterpoint: Is Rule 23(b)(1) Still Applicable to ERISA Class Actions?, ERISA Compliance and Enforcement Library of the Bureau of National Affairs, Inc. (May 1, 2009).
Derek W. Loeser & Benjamin B. Gould, The Continuing Applicability of Rule 23(b)(1) to ERISA Actions for Breach of Fiduciary Duty, Pension & Benefits Reporter, Bureau of National Affairs, Inc. (Sept. 1, 2009).
Speaker, 22nd Annual ERISA Litigation Conference – Las Vegas, NV, Oct. 2009.
Speaker, 22nd Annual ERISA Litigation Conference – New York, NY, Nov. 2009.
Speaker, ABA Mid-Winter Meeting, San Antonio, TX, 2010.
Derek W. Loeser & Erin M. Riley, The Case Against the Presumption of Prudence, Pension & Benefits Daily, Bureau of National Affairs, Inc. (Sept. 10, 2010).
Derek W. Loeser, Erin M. Riley & Benjamin B. Gould, 2010 ERISA Employer Stock Cases: The Good, the Bad, and the In Between-Plaintiffs’ Perspective, Pension & Benefits Daily, Bureau of National Affairs, Inc. (Jan. 28, 2011).
Speaker, Post-Certification: Motion Issues in Class Actions, Litigating Class Actions, Seattle, WA, 2012.
Speaker, Investment Litigation: Fees & Investments in Defined Contribution Plans, ERISA Litigation, Washington, D.C., 2012.
Speaker, Post-Certification Motion Practice in Class Actions, Seattle, WA, June, 2014.
Speaker, Fiduciary Challenges in a Low Return Environment, Seattle, WA, December, 2014.
Speaker, Class Action & Data Breach Litigation, Santa Barbara, CA, March, 2016.
Panelist, Law Seminars International – VW Diesel Emissions Litigation: A Case Study of the Interplay Between Government Regulatory Activity and Consumer Fraud Class Actions, May 6, 2016.