Derek Loeser is a 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 individual and class action securities, Employee Retirement Income Security Act (ERISA), breach of fiduciary duty and investment mismanagement cases.
Derek has been working in plaintiffs' litigation for over twenty years. Through all stages of litigation, including trial, he has helped recover hundreds of millions of dollars for institutions, retirement plans, retirees, and employees. 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 cases against Enron, WorldCom, Countrywide, and Washington Mutual. Derek regularly serves as lead counsel in large scale fraud and mismanagement cases for both institutional and individual clients. Recent successes include the decision following an eight week bench trial in New York in which the court found that the trustee acted unreasonably or beyond the bounds of reasonable judgment by releasing claims potentially worth billions of dollars without investigating their potential worth or strength.
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 litigation topics.
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
Selected to Super Lawyers list in Super Lawyers - Washington, 2007-2012
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.