Warren Postman
Top rated Class Action & Mass Torts attorney in Washington, Washington DC
Keller Postman LLC
Practice areas: Class Action & Mass Torts, Antitrust Litigation, Appellate; view more
Licensed in Washington DC since: 2010
Education: Harvard Law School
Selected to Super Lawyers: 2022 - 2025 Call today:
844-625-0616
Keller Postman LLC
1101 Connecticut Ave NWSuite 1100
Washington, DC 20036 Visit website
Details 
Warren Postman serves as the managing partner of Postman Law, a Chicago-based firm, in Illinois, with a nationwide reach, focusing on personal injury matters, such as motor vehicle accidents, pedestrian accidents and medical malpractice. Basing his practice in Washington, D.C., and throughout U.S., he is known for his tireless advocacy on behalf of individuals, achieving significant victories and demonstrating an unwavering commitment to protecting their rights.
Mr. Postman's legal prowess has earned him significant accolades, including being named Law360's Technology MVP in 2022 for his pivotal role in a high-profile case against Amazon, and Employment MVP in 2021 for his representation of numerous workers. His work has also earned him recognition as a Plaintiffs' Lawyers Trailblazer by the National Law Journal, a Band 1 ranking from Chambers and Partners, and listings among Lawdragon's 500 Leading Lawyers in America and the National Trial Lawyers' Top 100.
At Postman Law, Mr. Postman has been instrumental in developing the firm's arbitration practice, focusing on supporting consumers and employees negatively affected by mandatory arbitration clauses. Under his leadership, the firm has successfully handled multiple individual arbitrations, often compelling defendants to uphold their arbitration agreements. This innovative approach has positioned him at the forefront of the emerging trend of ‘mass arbitrations’ in civil litigation, resulting in substantial settlements for hundreds of thousands of clients in recent years.
Prior to his current roles, Mr. Postman held influential positions that shaped his legal acumen. He served as chief counsel and vice president for Appellate Litigation at the U.S. Chamber Litigation Center, where he played a significant role in shaping appellate strategies that impacted business law across the country. He began his legal career with prestigious clerkships at the U.S. Supreme Court and the U.S. Court of Appeals for the 9th Circuit.
This dedication to law is rooted in Mr. Postman’s impressive academic background. He is a magna cum laude graduate from Harvard Law School, where he worked as an articles editor for the Harvard Law Review. He also holds a degree from Brandeis University, where he was a member of Phi Beta Kappa.
Practice areas
Class Action/Mass Torts: Plaintiff, Antitrust Litigation, Appellate, Employment Litigation: Plaintiff, Personal Injury - General: Plaintiff, Personal Injury - Products: PlaintiffFocus areas
Motor Vehicle Accidents, Personal Injury - Defense
- 20% Class Action/Mass Torts: Plaintiff
- 20% Antitrust Litigation
- 20% Appellate
- 20% Employment Litigation: Plaintiff
- 10% Personal Injury - General: Plaintiff
- 10% Personal Injury - Products: Plaintiff
First Admitted: 2010, Washington DC
Professional Webpage: https://www.kellerpostman.com/our-team/warren-postman/
Bar / Professional Activity
- Bar of the District of Columbia since 2010, 2021
- U.S. Chamber Litigation Center
- Bar of the State of California since 2020, 2021
- Supreme Court of the United States since 2013, 2021
- United States Court of Appeals, D.C. Circuit since 2010, 2021
- United States Court of Appeals, Eleventh Circuit since 2013, 2021
- United States Court of Appeals, Ninth Circuit since 2012, 2021
- United States Court of Appeals, Seventh Circuit since 2018, 2021
- United States Court of Appeals, Sixth Circuit since 2018, 2021
- United States Court of Appeals, Fifth Circuit since 2018, 2021
- United States Court of Appeals, Fourth Circuit since 2018, 2021
- United States Court of Appeals, Third Circuit since 2018, 2021
- United States Court of Appeals, Second Circuit since 2013, 2021
- United States Court of Appeals, First Circuit since 2016, 2021
- Member of the American Association for Justice., 2021
Verdicts / Settlements (Case Results)
- Pizza Hut/NPC International Arbitration Campaign – In Collins et al. v. NPC International Inc., Pizza Hut delivery drivers alleged that their employer, NPC International (a Pizza Hut franchisee), did not adequately reimburse them for expenses: vehicle maintenance costs were higher (as they were frequently starting and stopping and often drove in harsh weather). NPC reimbursed them between $0.25 and $0.35 per mile, which is lower than the $0.535 mileage rate set by the IRS in 2017. The drivers sought to represent a Fair Labor Standards Act collective made up of all delivery drivers employed by NPC along with separate state classes for violating state wage and hour laws. U.S. District Judge Nancy J. Rosenstengel granted NPC’s bid to compel arbitration, ruling that collective- and class-action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act. Keller Postman then filed more than 1,300 individual arbitration demands on behalf of the drivers. When NPC refused to pay its filing fees or proceed with the disputes, the American Arbitration Association (AAA) banned NPC from its arbitral forum, resulting in a waiver by NPC of its right to force arbitration. As a result, Keller Postman joined the original FLSA lawsuit as co-counsel. In July 2020, NPC filed for bankruptcy and the claims were moved to the U.S. Bankruptcy Court in the Southern District of Texas, where the action ultimately settled for more than $10 million. This matter is significant as we received one of the first rulings citing the precedent set by Epic Systems v. Lewis, which binds companies to their arbitration agreements; Defendants cannot flip-flop between methods of resolution based on which is most favorable for their case. The matter settled for approximately $10 million. My Role: Overall, I am the architect of Keller Postman’s mass arbitration strategy, 2021
- Barr v. Drizly, LLC f/k/a Drizly, Inc. – This class action lawsuit was filed in August 2020 against Drizly, the largest online alcohol delivery marketplace in North America. The complaint alleged that Drizly’s security measures were deficient in protecting consumers’ personal information and that the company was slow to report the breach. As a result of the data breach, customers were exposed to fraud, identity theft, and other injuries. Drizly moved to compel arbitration. However, after Keller Postman made an appearance with co-counsel, Drizly agreed to settlement terms within a week, settling for $7.1 million. This matter further emphasizes how Keller Postman’s innovative strategy in arbitration has come to the aid of consumers whose private information was stolen. We’ve leveled up our arbitration strategy through making appearances with co-counsel partners after defendants compelled arbitration. We’re extremely proud that our firm’s reputation in mass arbitration has helped to swiftly secure favorable resolutions for both consumers and employees—and has also prevented defendants from using arbitration to evade liability. My Role: Overall, I am the architect of Keller Postman’s mass arbitration strategy. For this specific matter, I was lead counsel and I also developed the central strategy, 2021
- Adams v. Postmates – In Adams v. Postmates, I helped secure a precedent-setting appellate decision upholding individuals’ rights to pursue their claims in arbitration. On September 29, 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed a California district court’s grant of a motion to compel arbitration for more than 5,000 Postmates couriers who had been misclassified as independent contractors. Postmates argued that the manner in which the couriers (through Keller Postman) pursued arbitration had violated the arbitration agreement. But the court noted that the agreement allows a court to get involved only if a party asserts that the class-action waiver is “unenforceable, unconscionable, void, or voidable.” My team and I emphasized that the couriers had not challenged the class-action waiver and instead sought to arbitrate, as their agreement required. At oral argument, Judge Paul Watford was “completely unsympathetic” to Postmates’s argument. “You have agreements with these individual[s]… they didn’t do anything wrong from my vantage point.” Reuters’ Alison Frankel made an acute prediction about the case’s potential impact: “[This] is going to shape the future of mass arbitration—the future of workers’ ability to hold employers accountable when employees have been forced to surrender their right to sue or arbitrate as a group.” My Role: Overall, I am the architect of Keller Postman’s mass arbitration strategy. In this specific matter, I led the litigation team in the district court and argued at the court of appeals, 2020
- Postmates v. 10,356 Individuals – In 2020, the California Legislature enacted Senate Bill 707 to ensure that companies can’t use delay tactics to stop consumers and employees from bringing claims against them in arbitration. In articulating the need for the bill, the Legislature cited Keller Postman’s early arbitration matters on behalf of thousands of Uber and Lyft drivers. In Postmates v. 10,356 Individuals, my team and I successfully defended the first challenge to SB707’s validity. In the U.S. District Court for the Central District of California, I represented more than 10,000 Keller Postman clients sued by Postmates for allegedly “abusive litigation tactics.” To our knowledge, this was the first time a defendant sued its own employees or customers in an effort to stall arbitration that was demanded pursuant to the defendant’s own arbitration clause. In April 2020, the court refused to grant Postmates’ requested injunctive relief and later ruled for our clients on the merits. The decision further confirmed that employees and consumers are allowed to seek relief in arbitration, including in large numbers when a class-action waiver prevents them from proceeding as a class or group. This work helped win sanctions under SB 707 and defeat Postmates’s argument that SB707 was preempted by the Federal Arbitration Act. My Role: Overall, I am the architect of Keller Postman’s mass arbitration strategy. In this specific matter, I led the litigation team and argued in court, 2020
- Abernathy v. DoorDash, Inc. – In February 2020, Judge William Alsup of the U.S. District Court for the Northern District of California ordered the company to arbitrate with more than 5,000 of our clients, underpaid DoorDash couriers: “DoorDash never expected that so many would actually seek arbitration. This hypocrisy will not be blessed.” The threat of this matter (and other similar matters I have litigated on behalf of gig economy workers) is so great that one defense lawyer reached out to the International Institute for Conflict Prevention (CPR) to write new rules, because their client was “scared to death” (as reported by The New York Times of the mass filings, according to unsealed court documents. An official at CPR told the defense lawyer that she’d be willing to consider discounted fees “for a large book of business.” “There’s a public interest at large knowing that someone like CPR that holds itself to be an impartial agency is actually being guided by the employer side,” said Judge Alsup. Through my team’s management of these matters, exploited employees can now turn the arbitration game against employers. And judges are berating companies for their hypocrisy when they object to the terms of the arbitration process they insisted on in the first place. I My role: Overall, I am the architect of Keller Postman’s mass arbitration strategy. In this specific matter, I led the litigation team and argued in court, 2020
Representative Clients
- Acetaminophen litigation – Keller Postman is bringing claims against makers of generic store brand acetaminophen for failing in their duty to adequately warn of the hazards of prenatal exposure to acetaminophen, which can cause autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), and other developmental disorders. We represent parents of children who suffer from ASD and/or attention ADHD as a result of exposure to acetaminophen taken by mothers during pregnancy. Keller Postman has filed claims in Nevada, California, and Washington, with far more claims to be filed in the following weeks and months. Given the vast number of women who have taken acetaminophen during pregnancy and the vast number of people diagnosed with autism and ADHD each year—and the fact that this drug has long been marketed as the safest over-the-counter pain relief medication for pregnant women—we anticipate that this will be one of the largest multidistrict litigations in the history of the United States. My role: I am lead counsel on behalf of Keller Postman’s clients, 2022
- Mallory v. Norfolk Southern Railway Co. – The U.S. Supreme Court has granted review of Keller Postman LLC’s cert petition seeking to vindicate the rights of ordinary Americans to sue corporations that harm them wherever those corporations have consented to jurisdiction—including by registering to do business in a State when the State’s registration statue requires such consent. Keller Postman will argue before the Court on behalf of client Robert Mallory, who worked for defendant Norfolk Southern Railway Company for almost 20 years. During that time, the company negligently and recklessly exposed Mr. Mallory to asbestos and other toxic chemicals, which caused him to develop colon cancer. Mr. Mallory sued the company in Pennsylvania state court, where the company had consented to jurisdiction when it registered to do business in the State. The case marks a pivotal point for employees, consumers, and the Constitution. As KP’s brief underscores, a ruling for Mr. Mallory will reconfirm the “original public meaning” of “the Constitution that has guided state and federal courts since the Fourteenth Amendment was first ratified.” My role: I helped lead the team authorizing briefing with the Supreme Court, 2022
- De Coster et al. v. Amazon.com Inc. & Frame-Wilson v. Amazon.com - Keller Postman filed a federal antitrust lawsuit against Amazon—De Coster et al. v. Amazon.com Inc.—after the company dropped its arbitration clause as a result of one of Keller Postman’s largest arbitration campaigns representing more than 75,000 consumers in simultaneous individual arbitrations. In this lawsuit, Keller Postman represents a proposed class of Amazon shoppers alleging that the Amazon platform’s unlawful imposition of ‘most favored nation’ pricing restrictions against third-party sellers blocks competition from other e-commerce marketplaces and inflates the prices paid by customers. The plaintiffs’ allegation is that Amazon has exploited its market power to inflate prices on its own platform—and across the internet. Given the scale of this antitrust violation, the suit has the potential to be one of the largest antitrust cases in history. Keller Postman later filed Frame-Wilson v. Amazon.com on behalf of individuals who purchased products from Amazon competitors (such as Ebay). These plaintiffs allege that because Amazon distorted market prices on competitor seller sites through its anticompetitive conduct, they paid far higher prices for their merchandise. Keller Postman is also named Interim Co-Lead Class Counsel. My role: I lead counsel representing the plaintiffs in both of these matters, 2022
- Camp Lejeune litigation – Keller Postman is bringing claims on behalf of tens of thousands of veterans and their family members who were injured as a result of toxic water contamination at Camp Lejeune, North Carolina. Keller Postman was among the first firms to file claims in court under a new law—the Camp Lejeune Justice Act—that for the first time allows these victims to pursue tort claims against the United States. My role: I help lead the litigation for on behalf of Keller Postman’s clients, 2022
Honors
- Technology MVP of the Year, Law360, 2022
- Keller Postman earned this recognition as a result of our work in mass arbitration against Amazon for recording Amazon Alexa users without consent. I was lead counsel on this matter, Elite Trial Lawyers Privacy; Data Breach Law Firm of the Year, National Law Journal; American Lawyer Media, 2022
- 500 Leading Lawyers in America, Lawdragon, 2022
- 500 Leading Plaintiff Consumer Lawyers, Lawdragon, 2022
- Leading Plaintiff Financial Lawyers, Lawdragon, 2022
- Super Lawyers D.C., Super Lawyers, 2022
- National Trial Lawyers Top 100, National Trial Lawyers, 2022
- Honored as Law360's Employment MVP of the Year for the development of Keller Lenkner’s pioneering arbitration practice, including pursuing individual arbitrations for thousands of employees or consumers whose claims are subject to arbitration clauses with class-action waivers. By matching large corporations’ resources, marshaling pro-arbitration case law that defendants engineered, and managing the complexity of pursuing thousands of individual claims simultaneously, my team has helped change the way companies and firms think about arbitration clauses. Our groundbreaking arbitration practice shows the innovation and creativity my team and I bring to the plaintiffs’ bar. I have led the firm to win precedent-setting trial and appellate victories requiring defendants to comply with their obligation to arbitrate disputes individually, securing more than $375 million in settlements over the last two years for more than 100,000 individuals, many of whom were underpaid gig-economy employees who were misclassified as independent contractors. Approximately 50% of these settlements were secured in 2020 alone, Employment MVP of the Year, Law360, 2021
- Keller Postman earned this prestigious recognition as a result of the firm’s groundbreaking arbitration practice, which I lead. Again, we have pioneered the strategy of pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers, Elite Trial Lawyers Trial Strategy Innovation Law Firm of the Year, National Law Journal; American Lawyer Media, 2021
- I was named to the National Law Journal’s list of 2021 Plaintiffs’ Lawyers Trailblazers. The fifth-annual award program recognizes 52 lawyers from throughout the United States as leaders within the plaintiffs’ bar, Plaintiffs' Lawyer Trailblazer, National Law Journal, 2021
- 500 Leading Lawyers in America, Lawdragon, 2021
- 500 Leading Plaintiff Consumer Lawyers, Lawdragon, 2021
- Leading Plaintiff Financial Lawyers, Lawdragon, 2021
- National Trial Lawyers Top 100, National Trial Lawyers, 2021
- 500 Leading Lawyers in America, Lawdragon, 2020
- National Trial Lawyers Top 100, National Trial Lawyers, 2020
Educational Background
- I graduated magna cum laude from Harvard Law School, where I was Articles Editor on the Harvard Law Review, 2007
- I earned a Bachelor's degree in psychology from Brandeis University, graduating magna cum laude and Phi Beta Kappa, 2001
Other Outstanding Achievements
- (2020 – Present) I have spearheaded the systematization of Keller Postman’s acclaimed mass arbitration practice to provide representation to both employees and consumers at an unprecedented scale. Because of innovations along every aspect of our mass arbitration practice, Keller Postman can now represent hundreds of thousands of individuals simultaneously when they are forced by corporations to arbitrate their claims individually. Through these innovations, Keller Postman can provide access to justice to such individuals at an extraordinary, never-before-seen scale. Keller Postman has significantly expanded our infrastructure to serve more than four times the number of individual clients in arbitration than we have in past years. We’ve achieved this through, a strategic expansion of technology solutions, the use of modern tools for real-time client communication, the development of proprietary review systems to ensure accuracy and excellence across work product, and a heavy reliance on data and statistics, 2022
- (2020 – Present) I have prompted internal firm investment in client intake, marketing, information technology, operational infrastructure, client communications, docket management, and top legal talent to establish Keller Postman as one of the only plaintiff-side full-service firms with the capability to litigate hundreds of thousands of claims in-house. Countless plaintiffs each year give up on valid claims against large corporations because pursuing those claims is too expensive, burdensome, or not worth the hassle. But Warren believed that if the firm were to embrace modern, cutting-edge approaches to operations and employ custom technologies, Keller Postman could make the litigation experience manageable and less intimidating to individuals who feel at a disadvantage in the process, 2022
- (2009) I served as a law clerk for Justice David H. Souter at the Supreme Court of the United States and Judge William A. Fletcher at the U.S. Court of Appeals for the Ninth Circuit, 2009
Office location for Warren Postman
1101 Connecticut Ave NW
Suite 1100
Washington, DC 20036
Phone: 844-625-0616
Selections
4 Years Super Lawyers
- Super Lawyers: 2022 - 2025
