E. Walter Van Valkenburg
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Antitrust |
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ExperienceWally Van Valkenburg is the Managing Partner of the firm's Portland office and is a past member of the firm's Executive Committee. He practices in the firm's Technology and Intellectual Property group, where he focuses on transactions and business counseling. Wally has represented technology companies on a variety of matters and in a variety of industry sectors for over 25 years, including electronic equipment, software, biotech and Internet services. Wally also has represented clients in a number of other industries, including footwear and apparel, sports and entertainment, health care, electric utilities, retail and wood products.
Wally's transactional experience includes mergers and acquisitions, licensing, strategic alliances and joint venture agreements, including technology transfers in connection with business formation and acquisition, web hosting and other Internet related agreements, joint development agreements and character licenses.
Wally also has extensive experience in antitrust and trade regulation, including issues arising in distribution of goods and services, trade associations, health care, joint ventures, competitor collaborations and representation of clients in the Hart-Scott-Rodino merger review process.
Wally was an instructor at Columbia University School of Law from 1982 to 1984, where he wrote a dissertation on constitutional theory and the First Amendment. After graduating from law school and before practicing law, he was a law clerk to Justice Edward H. Howell of the Oregon Supreme Court from 1978 to 1979.
Representative Work
- Represented leading manufacturer of test and measurement equipment in numerous technology transfer transactions, including licenses and other transfers in connection with acquisitions and dispositions valued at over $3 billion.
- Represented early stage manufacturer of building products in acquisition of license to core technology, including patents and know-how.
- Represented maker of footwear, apparel and equipment in negotiating and drafting various strategic alliances and intellectual property license agreements.
- Represented licensor in license of a software platform for the operation and maintenance of information technology systems related to payment systems and networks.
- Represented leading manufacturer of production laser systems for micro-engineering applications in strategic alliance involving exclusive distribution of laser systems and future system development.
- Represented developer of software systems for budgeting and planning in negotiating a strategic alliance with a developer of financial and strategic planning software and consulting in the health care industry.
- Represented developer of system for online insurance enrollment and benefit administration in large-scale system licenses.
- Provided antitrust compliance advice concerning a broad range of commercial transactions, including joint ventures, strategic alliances, product distribution and technology licensing.
- Represented numerous clients in connection with merger reviews by the Federal Trade Commission and Department of Justice.
Professional Honors & Activities
- Listed in Best Lawyers in America® (currently: Antitrust Law, Copyright Law, Litigation - Intellectual Property, Patent Law, Technology Law, Trademark Law), 2006-2012
- Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Intellectual Property), 2009-2013
- Listed in Who's Who in America and Who's Who in the World
- Prior general counsel for the 1998 NIKE World Masters Games
Civic Activities
- Appointed by the Governor to chair the Oregon Economic and Community Development Commission, the mission of which is to encourage business expansion, creation and relocation in Oregon, 2003
- Member, Oregon Innovation Council, a state commission that oversees innovation and economic development in Oregon
- Board Member, Oregon Business Council
- Board Member, Greater Portland, Inc.
- Board Member, Portland Business Alliance
- Past Chair, Multnomah County Legal Aid Services
- Past Chair, Antitrust, Trade Regulation, and Unfair Business Practices Section, Oregon State Bar
- Past President, American Civil Liberties Union of Oregon
Publications
- "The First Amendment in Cyberspace," Oregon Law Review, 1996
- "The Judge as Referee: Opinions of Justice Edward H. Howell," Willamette Law Review, 1995
- Author of various legal and business publications dealing with technology, intellectual property and antitrust law
Education
- Columbia University School of Law, LL.M., 1984
- Willamette University College of Law, J.D., 1978, summa cum laude
Editor in Chief, Willamette Law Journal
- University of Washington, B.A., 1975, cum laude
Admissions
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ExperienceWally Van Valkenburg is the Managing Partner of the firm's Portland office and is a past member of the firm's Executive Committee. He has extensive experience in health care law with particular emphasis on antitrust, managed care, insurance regulation and related areas. Wally's practice has included virtually all areas of antitrust law in the health care field as well as structuring and organizing networks, IPAs and PHOs. He has also represented several health care clients in litigation matters and government investigations. He speaks frequently on the topic of antitrust and health care.
Prior to joining Stoel Rives, Wally was a law clerk to Justice Edward H. Howell at the Oregon Supreme Court from 1978 to 1979. Professional Honors & Activities
- Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Intellectual Property), 2009-2013
- Listed in Best Lawyers in America® (currently: Antitrust Law, Copyright Law, Litigation - Intellectual Property, Patent Law, Technology Law, Trademark Law), 2006-2012
- Listed in Who's Who in America and Who's Who in the World
- Past Chair, Antitrust Trade Regulation and Unfair Business Section, Oregon State Bar
- Chair, Multnomah County Legal Aid
- Past President, ACLU of Oregon
- Member, American Health Lawyers Association
Publications
- "Avoiding Antitrust Traps in Merger Negotiations (co-author)," The Daily Briefing, The Advisory Board Company, September 10, 2012
Education
- Columbia University School of Law, LL.M., 1984
- Willamette University College of Law, J.D., 1978, summa cum laude
Editor in Chief, Willamette Law Journal
- University of Washington, B.A., cum laude, 1975
Admissions Print to wordExperienceWally Van Valkenburg is the Managing Partner of the firm's Portland office and is a past member of the firm's Executive Committee. He practices in the firm's Technology and Intellectual Property group, where he focuses on transactions and business counseling. Wally has represented technology companies on a variety of matters and in a variety of industry sectors for over 25 years, including electronic equipment, software, biotech and Internet services.
Wally also has extensive experience in antitrust and trade regulation, including issues arising in distribution of goods and services, trade associations, health care, joint ventures, competitor collaborations and representation of clients in the Hart-Scott-Rodino merger review process. His antitrust industry experience includes technology, footwear and apparel, sports and entertainment, health care, electric utilities, retail and wood products.
Wally's antitrust background includes a number of litigation matters, including representation of three of the Regional Bell Operating Companies in the AT&T antitrust litigation, successful representation of a consortium of health care providers in a challenge to the formation of a provider network (NW Medical Lab. v. Blue Cross and Blue Shield, 310 Or 72, 794 P2d 428 (1990)), and successful representation of a semiconductor manufacturer in a resale price maintenance case (Lattice Semiconductor v. Interface Electronics, Ninth Circuit unpublished opinion).
Wally was an instructor at Columbia University School of Law from 1982 to 1984, where he wrote a dissertation on constitutional theory and the First Amendment. After graduating from law school and before practicing law, he was a law clerk to Justice Edward H. Howell of the Oregon Supreme Court from 1978 to 1979. Representative Matters
- Healthco v. A-dec, 1987-1988 - Our client, A-dec, was sued by a terminated distributor, who claimed the termination violated federal antitrust laws because it arose out of the distributor's competitive activities. We successfully defended both at the PI stage and on summary judgment.
- Lattice Semiconductor v. Interface Electronics, 1991-1993 - We represented Lattice in connection with an antitrust counterclaim brought by a terminated distributor. The distributor claimed it was terminated in furtherance of an illegal resale price maintenance scheme. The case was dismissed by the District Court, which was affirmed by the Ninth Circuit.
- NW Medical Lab. v. Blue Cross and Blue Shield, 310 Or 72, 794 P2d 428, 1990 - We represented the members of an integrated health care network who were sued by two ancillary service providers. Plaintiffs claimed the network's refusal to include the plaintiffs constituted an illegal group boycott. A bench trial resulted in judgment for our clients, which was upheld by both the Oregon Court of Appeals and the Supreme Court.
- Parks v. Watson, 716 F2d 646 (9th Cir 1983) - Putative developer of geothermal project sued our client, the City of Klamath Falls, for attempt to monopolize the market for geothermal energy. Case was dismissed on summary judgment, reversed by the Ninth Circuit, and ultimately settled.
- Southern Pacific v. AT&T, 1985-1986 - We represented the former Bell Operating Companies that later became part of Qwest in one of the civil cases that followed the break up of AT&T.
Professional Honors & Activities
- Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Intellectual Property), 2009-2013
- Listed in Best Lawyers in America® (currently: Antitrust Law, Copyright Law, Litigation - Intellectual Property, Patent Law, Technology Law, Trademark Law), 2006-2012
- Listed in Who's Who in America and Who's Who in the World
- In September of 2003, Wally was appointed by the Governor to chair the Oregon Economic and Community Development Commission, the mission of which is to encourage business expansion, creation and relocation in Oregon.
- Wally also is a Board Member for the Oregon Sports Authority, which is focused on attracting sports events and businesses to Portland
- Board Member for Portland Center Stage, the city's largest theater company
- Member of the Oregon Innovation Council, a state commission that oversees innovation and economic development in Oregon
- Past Chair of Multnomah County Legal Aid Services
- Past Chair of the Oregon State Bar Section on Antitrust, Trade Regulation, and Unfair Business Practices
- Past President of the American Civil Liberties Union of Oregon
- Served as General Counsel for the 1998 NIKE World Masters Games®
Publications
- "The First Amendment in Cyberspace," Oregon Law Review, 1996
- "The Judge as Referee: Opinions of Justice Edward H. Howell," Willamette Law Review, 1995
- Author of various legal and business publications dealing with technology, intellectual property and antitrust law
Education
- Columbia University School of Law, LL.M., 1984
- Willamette University College of Law, J.D., 1978, summa cum laude
Editor in Chief, Willamette Law Journal
- University of Washington, B.A., 1975, cum laude
Admissions Print to word
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