E. Walter Van Valkenburg

E. Walter Van Valkenburg
Partner
Portland, OR
P: 503.294.9514
Overview

About Wally

Wally 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. He also assists companies with economic development opportunities in new markets.

Wally 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.

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Experience

Experience

  • 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. 

Representative Antitrust 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. 
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Honors

Honors & Activities

Professional Honors & Activities

  • Named by Best Lawyers® as Antitrust Law "Lawyer of the Year," Portland, 2016 
  • Included in The Best Lawyers in America© (currently: Antitrust Law, Copyright Law, Litigation-Intellectual Property, Patent Law, Technology Law, Trademark Law), 2006-2017 
  • Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Intellectual Property), 2009-2015
  • 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
  • Vice Chair (private sector), 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 
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Insights & Presentations

Insights & Presentations

  • "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 



Related News & Publications


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