Appellate Practice Bet-the-Company Litigation Commercial Litigation Litigation - Antitrust Litigation - First Amendment Litigation - Intellectual Property Litigation - Patent Technology Law
David J. "Dave" Burman
Recognized in Best Lawyers since 1993 Awarded Practice Areas
Biography
David Burman, a partner in the firm's Commercial Litigation practice, has more than 30 years of experience in litigation, including antitrust, appellate, class action, consumer protection, constitutional, media, patent and intellectual property, privacy, and other cases. He also counsels clients in these and other areas. He has worked on many high-profile cases, including two U.S. Supreme Court arguments, the trial contesting the 2004 Washington State Governor's election, Costco Wholesale Corporation's precedent-setting antitrust and constitutional challenges to state wine and liquor laws, and the Yellow Pages publishers' successful constitutional challenge to municipal restrictions on distribution. He was national counsel in the Pharmaceutical AWP class actions in a federal MDL and more than a dozen state courts. He served as a lawyer representative to the Ninth Circuit Judicial Conference in 2003 - 2006 and 2009, was a speaker at the 2010 Conference and served on the Ninth Circuit Rules Advisory Committee. He was selected as a fellow of the American College of Trial Lawyers and as a member of the American Law Institute, where he was an advisor in drafting the "Principles of Aggregate Litigation."
Dave has been chair of the firm's Commercial Litigation practice, has served on its management and executive committees, and has acted as client service partner for one of the firm's largest institutional clients.
Overview
- Georgetown University, graduated 1977
- District of Columbia, The District of Columbia Bar
- Washington, Washington State Bar Association
- American Law Institute - Member
- Dwyer Inn of Court - Founding Member
- Equal Justice Coalition - Advisory Council Member
- American College of Trial Lawyers - Fellow
- United States Court of Appeals
- United States Supreme Court
- District of Columbia, The District of Columbia Bar
- Washington, Washington State Bar Association
- American Law Institute - Member
- Dwyer Inn of Court - Founding Member
- Equal Justice Coalition - Advisory Council Member
- American College of Trial Lawyers - Fellow
- Georgetown University, graduated 1977
- United States Court of Appeals
- United States Supreme Court
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Litigation - First Amendment, Seattle (2025)
- Appellate Practice, Seattle (2019)
- Litigation - First Amendment, Seattle (2016)
- Litigation - Antitrust, Seattle (2015)
- Technology Law, Seattle (2014)
- Litigation - Antitrust, Seattle (2012)
- Litigation - First Amendment, Seattle (2012)
- Appellate Practice, Seattle (2011)
- Bet-the-Company Litigation, Seattle (2009)
Recognized in The Best Lawyers in America® 2026 for work in:
- Appellate Practice
- Bet-the-Company Litigation
- Commercial Litigation
- Litigation - Antitrust
- Litigation - First Amendment
- Litigation - Intellectual Property
- Litigation - Patent
- Technology Law
Additional Areas of Practice:
- Antitrust Law
- First Amendment Law
Special Focus:
- Antitrust
- Antitrust/IP Intersection
- Appellate
- Civil Litigation
- Class Actions
- Commercial Disputes
- Complex Litigation
- Counseling
- Defamation
- Defendants
- Election
- Federal
- Fraud
- Information Technology
- Intellectual Property
- Litigation
- Mass Tort
- Media
- Ninth Circuit
- Patent
- Plaintiffs
- Privacy
- Qui Tam/False Claims Act
- Regulatory
- Supreme Court
- Telecommunications
- Trade Regulation
- White-Collar Criminal Defense
Awards:
- Washington State Bar Association, Award of Merit
- University of Wyoming, Outstanding Alumnus
- Legal Foundation of Washington, Goldmark Award
- Leadership Tomorrow, Edward E. Carlson Award
News & Media
Case History
Cases
- Saxon Innovations v. Apple et al.
Represented Intel Corporation in defense of patent infringement action in E.D. Tex. alleging infringement of patents relating to microprocessor, chipset and wireless communications/privacy technology.
- Pharmaceutical Industry Average Wholesale Price Litigation
National coordinating and trial counsel for defendant in nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing. Defended cases in U.S. District Court for the District of Massachusetts and in state courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
- Costco v. Hoen
Plaintiff''s counsel in antitrust and constitutional challenge to state laws governing the sale and distribution of wine and beer. Costco prevailed at trial. The Ninth Circuit affirmed the invalidity of some of the regulations but reversed as to others. In a separate appeal, Costco prevailed on its argument that an association of wine and beer distributors that had intervened in the case could be held jointly liable for Costco''s attorney''s fees. 407 F. Supp. 2d 1234 & 1247 (W.D. Wash. 2005); 514 F.3d 915 (9th Cir. 2008); 538 F.3d 1128 (9th Cir. 2008). In 2009, the district court awarded Costco $2 million in fees and costs.
- Borders v. King County
- Brown v. Legal Foundation of Washington
Defeated constitutional challenge to Interest on Lawyer Trust Account (IOLTA) program that provides substantial funding for legal aid programs nationwide. Supreme Court affirmed en banc Ninth Circuit ruling that such programs are not unconstitutional. 538 U.S. 216 (2003), aff''g 271 F.3d 835 (9th Cir. 2001) (en banc)
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