Don Frederico leads Pierce Atwood's class action defense practice, which received a National Tier One ranking by the 2017 U.S. News-Best Lawyers "Best Law Firms" report. A senior trial attorney with more than three decades of courtroom experience, Don has represented defendants in a wide array of class actions in federal and state court, including in such areas as labor and employment, consumer fraud, product liability, environmental and toxic torts, antitrust, and civil RICO. 

Don has represented clients in such industries as financial services, building products, retail, pharmaceuticals, automotive, food and beverage, petroleum, chemical manufacturing, health care, high technology, and higher education. He frequently publishes and lectures before national and local bar and industry organizations on topics including class action practice, and serves as editor and contributing author to the firm's class action blog, First Class Defense.

Don has served as Special Discovery Master in complex litigation matters and is a past president of the Boston Bar Association.

Don began his career serving as a law clerk to United States District Judge Joseph L. Tauro in federal district court in Boston. In addition to class actions, he has extensive experience with environmental, toxic tort and product liability litigation.

As a young attorney, he was part of the successful trial team for one of the defendants in the lawsuit memorialized in the book and movie, "A Civil Action." He later served as lead national counsel with respect to class certification and Daubert motions for pharmaceutical companies in the "Fen-Phen" diet drug litigation, and served as lead class certification counsel for a Fortune 50 retailer in wage and hour lawsuits in various state and federal courts.

Honors & Distinctions

  • Received the Founders Award for Tireless Efforts Against Environmental Racism, Alternatives for Community & Environment, 2003
  • Named a "Best Lawyer in America®" in Commercial Litigation and Mass Tort Litigation/Class Actions - Defendants, 2013- present 
  • Named a "Massachusetts Super Lawyer" (2004-2005 and 2007-2014)
  • Rated AV® Preeminent™ 5 out of 5 by Martindale-Hubbell
  • Included among 26 attorneys for the Boston Business Journal's inaugural listing of "Who's Who in Legal Services" in March 2011
  • Recognized by Chambers USA as a Recognized Practitioner in the field of litigation

Professional Activities

  • Member of Planning Committee and Instructor, ABA National Institute on Class Actions
  • Subcommittee Co-chair, American Bar Association, Section of Litigation, Class Actions and Derivative Suits Committee
  • President, Boston Bar Association, 2010-2011
  • Board of Trustees, Boston Bar Foundation, 2008-2014
  • Board of Directors, New England Legal Foundation, 2007-2016

Civic Activities

Board of Trustees, College of Wooster, 2007- present
African Indian Alliance: A Siddi Partnership, Inc., 2015- present
Council of Overseers, Huntington Theatre Company, 2007- 2015

Practice Areas

Representative Experience

  • Served as lead trial counsel in remedy phase of ERISA class action on behalf of group life insurance company, and won the case on appeal in the First Circuit
  • Defeated class certification in building products case alleging sales of defective decking
  • Defeated class certification of tag-along cases in Fair Debt Collection Practices Act MDL
  • Won summary judgment for internet marketing companies in consumer fraud class action
  • Represents national bank in MDL proceedings involving consolidated checking account overdraft class actions
  • Represents regional bank in federal overdraft fee class action
  • Represents regional retailer in FLSA and state law class action alleging misclassification of store managers
  • Represented windows manufacturer in multiple building products class actions
  • Represents auto insurer in Massachusetts "MedPay" class action
  • Represented private equity firm in WARN Act class action.
  • Represented Fortune 50 retailer in national defense of state and federal wage and hour class actions, defeating class certification in several jurisdictions
  • Represented national retailer in defense of FLSA and state law class action alleging misclassification of exempt employees