Derek has been a plaintiffs’ attorney for over 25 years. As a senior partner and a member of Keller Rohrback’s Executive Committee, Derek’s passion for holding large corporations accountable for wrongdoing has helped recover billions of dollars for consumers, retirees, governments and institutions.
Derek has served in leadership roles in major complex cases across the country. Currently, he is co-lead counsel in In re Facebook, Inc. Consumer Privacy User Profile Litigation, the MDL litigation against Facebook stemming from the Facebook Cambridge Analytica scandal.
Derek also serves as lead counsel for the Wells Fargo unauthorized account consumer class action. In this case, Derek and the Keller Rohrback team achieved a $142 million settlement requiring the bank to refund all improper fees and provide first-of-its kind credit damage reimbursement, among other relief, to Wells Fargo customers.
In addition to his class action work, Derek helps manage the Keller Rohrback team representing state and local government entities in a number of matters involving significant public health crises. For example, Derek leads the Keller Rohrback team litigating government cases against opioid manufacturers and distributors in The National Prescription Opioid Litigation. In the Opioid MDL, Derek serves on the Expert and Law & Briefing Committees, and directs the litigation against a major generic opioid manufacturer. He also represents school districts and counties in litigation against the e-cigarette company, JUUL, for targeting and addicting youth. These cases are quintessential examples of the type of litigation Derek and the Keller Rohrback team fervently pursue: corporate fraud and malfeasance causing serious harm to the public.
Some of Derek’s other notable cases include mortgage-backed securities cases on behalf of the Federal Home Loan Banks of Chicago, Indianapolis and Boston; ERISA class cases on behalf of employees whose retirement savings were decimated by corporate fraud and abuse on the part of Enron, WorldCom, Countrywide, and Washington Mutual, among others. He has also litigated fraud, RICO, and antitrust cases against drug manufacturers, pharmacy benefit managers, and insurance companies for conspiring to drive up the cost of life-saving medications such as insulin.
Many of Derek’s cases have required coordinating with state and federal agencies involved in litigation that parallels cases pursued by Keller Rohrback, including state 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. He is also frequently asked to speak at national conferences about class actions, public health litigation, ERISA, and other complex litigation topics.
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. He was also employed as a trial attorney in the Employment Litigation Section of the Civil Rights Division of the U.S. Department of Justice in Washington, D.C.
Bar and Court Admissions
1998, U.S. District Court for the Western District of Washington
1998, U.S. District Court for the Eastern District of Washington
1998, U.S. Court of Appeals for the Ninth Circuit
2002, U.S. District Court for the Eastern District of Michigan
2004, U.S. District Court for the Northern District of Illinois
2006, U.S. Court of Appeals for the Eleventh Circuit
2009, U.S. Court of Appeals for the Eighth 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
2013, U.S. Court of Appeals for the Second Circuit
2014, U.S. Court of Appeals for the First Circuit
2017, New York
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
National Trial Lawyers, Top 100 Civil Plaintiff Trial Lawyers in Washington
Listed as Lawdragon 500 Leading Lawyers in America, 2018
Named to Super Lawyers list in Super Lawyers – Washington, 2007-2012, 2014-2020
AV®, Peer Review Top-Rated by Martindale-Hubbell
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).
Selected to Rising Stars list in Super Lawyers – Washington, 2005-2007
U.S. Department of Justice Award for Public Service, 1996
U.S. Department of Justice Achievement Award, 1996
U.S. Department of Justice Honors Program Hire, 1994
Articles & Presentations
Panelist, HarrisMartin’s MDL Conference: JUUL and Capital One Data Breach Litigation – JUUL, E-Cigarettes & Vaping Litigation – An Overview of JUUL Legal Landscape: Case Filings, Judicial Rulings and MDL Submissions, Beverly Hills, CA, September, 2019.
Panelist, HarrisMartin’s MDL Conference: Opioid, Equifax & Talcum Powder– Opioid Litigation Landscape: Venues, Jurisdictional Hurdles, Defenses and Cause of Action, St. Louis, MO, Nov, 2017.
Panelist, HarrisMartin’s National Opioid Litigation Conference – Current Landscape of Opioid Litigation, Chicago, IL, October, 2017.
Speaker, Trends in Auto Defect Litigation, Seattle, WA, May, 2017.
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.
Speaker, Class Action & Data Breach Litigation, Santa Barbara, CA, March, 2016.
Speaker, Fiduciary Challenges in a Low Return Environment, Seattle, WA, December, 2014.
Speaker, Post-Certification Motion Practice in Class Actions, Seattle, WA, June, 2014.
Speaker, Investment Litigation: Fees & Investments in Defined Contribution Plans, ERISA Litigation, Washington, D.C., 2012.
Speaker, Post-Certification: Motion Issues in Class Actions, Litigating Class Actions, Seattle, WA, 2012.
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).
Derek W. Loeser & Erin M. Riley, The Case Against the Presumption of Prudence, Pension & Benefits Daily, Bureau of National Affairs, Inc. (Sept. 10, 2010).
Speaker, ABA Mid-Winter Meeting, San Antonio, TX, 2010.
Speaker, 22nd Annual ERISA Litigation Conference – New York, NY, Nov. 2009.
Speaker, 22nd Annual ERISA Litigation Conference – Las Vegas, NV, Oct. 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).
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, The Legal, Ethical, and Practical Implications of Noncompetition Clauses: What Physicians Should Know Before They Sign, J.L. Med. & Ethics, Vol. 31:2 (2003).