Steven counsels clients in complex commercial litigation, intellectual property, media communications and technology, energy, corporate governance, real estate and finance issues. He represents clients in their local, regional and national disputes and matters. An AV-rated litigator, Steven is a member of the firm's Intellectual Property Practice Group and Financial Services Practice Group. He handles complex litigation in trial and appellate courts and in arbitration, and advises on transactional matters as well. Steven has broad experience in securities litigation and arbitrations for issuers, brokers, and customers. He also has substantial experience in disputes concerning valuations, earn-outs, indemnities and other issues arising out of corporate and financing transactions. Steven's extensive experience in intellectual property matters includes representing former employers, departing employees, and new employers in trade secret litigation and advocating for both plaintiffs and defendants in trademark, copyright and patent litigation. As an advisor to media, publishing and communications clients, such as KOIN-TV and East Oregonian Publishing Co., Steven addresses issues such as applicability of media shield laws, reporters' privileges, prior restraints on publication, defamation, invasion of privacy, newsgathering methods, licensing, and copyright. A strategic advantage Steven brings to his client's matters is his skill in presenting technical issues and financial data in an accessible and compelling manner. Recent litigation successes include: · Confidential - Successfully represented local investment management firm in dispute with a Los Angeles based finance company concerning a structured finance transaction. The opponent sought more than $20 million in compensatory damages plus additional punitive damages, alleging fraud and breach of contract. Successfully prosecuted Client's damages claims for more than $1.8 million for breach of contract and non-payment of note obligations. · PEBB v. OHSU - Successfully pursued Oregon Health & Science University's right to recover a proportionate share of approximately $25 million, including interest, received by the state from the 1999 demutualization of Standard Insurance Company. · Cano v. Schreiner - Obtained a favorable jury verdict for a retiring shareholder who challenged the appraisal value of his shares in several closely-held corporations. · Guydish v. U.S. Bakery - Defended successfully, in trial court and on appeal, a class action seeking unpaid overtime on behalf of route sales persons for a regional company. · Confidential - Sustained venue (after a full day evidentiary hearing) in federal action in Portland for a regionally-based client suing a company headquartered in the eastern United States, leading to a favorable resolution for the client. · Watson v. Northwest Cascade - Successfully defended a regional company facing claims for defamation, false advertising, trespass, and property damage. · Walker v. Metro One - Obtained damages for an investor at trial; successfully defended appeal. · Praegitzer v. Andersen - Defended successfully, at trial and on appeal, claims by one 50-percent shareholder against the other 50-percent shareholder for unjust enrichment, fraudulent conveyance, and breach of fiduciary duty. · Bell Data v. Symbol Technologies Inc. - Successfully defended a technology client accused of misappropriation, copyright infringement, and unfair competition by a software developer. · Miller v. KOIN-TV - Successfully defended KOIN-TV against claims that political advertising aired by the station was false and misleading. · Confidential - Achieved a favorable result in arbitration in the defense of a local, family-owned securities brokerage against claims of unauthorized and unsuitable trading. After law school, Steven was a law clerk for The Honorable Stephen V. Wilson, United States District Court, Central District of California, and The Honorable Edwin J. Peterson, Chief Justice/Associate Justice, Oregon Supreme Court. In 2005, Steven was named one of the Portland Business Journal's 40-under-40 business leaders. Steven serves on the Board of Directors and the Executive Committee of Metropolitan Family Service. He is also an active member of the Executive Committee of the Boards of the ACLU of Oregon and ACLU Foundation of Oregon, and chair of the ACLU Foundation of Oregon's Lawyers Committee. From 2005 - 2010, Steven was a member and, in 2008, was Chair of the Oregon State Bar's Bar-Press-Broadcasters Council. He serves as co-chair of the firm's Information Technology Committee and served on the firm's managing board from 2003-2006. Presentations/Publications Are Corporations People? The Impact and Future of "Citizens United"
City Club of Portland, January 20, 2012 Ninth Circuit Review - Supervisory Liability under § 1983 and Bivens
ACLU NW Civil Liberties Conference, October 30, 2010 The Nuts and Bolts of Litigating a Civil Rights Case - Perplexed by Pleading Standards? Motions to Dismiss After Twombly
Oregon State Bar CLE, October 15, 2010 "Offers of Judgment in Oregon State Court"
Oregon State Bar Litigation Journal, March 2010 Peaceful Political Protest: When Can the Government Disperse Peaceful Protesters?
Oregon State Bar CLE, October 10, 2008 "What You Need to Know About Public Records and Open Meetings"
Lorman CLE, October 1, 2008 "Grand Theft IP"
Oregon Entrepreneur's Network Webinar, June 18, 2008 "Key Word Advertising Using Trademarked Terms: Fair or Foul?"
Oregon Intellectual Property Newsletter, Spring 2008 "Trademark Law - 2007 Year in Review"
Intellectual Property Law: A Year in Review
Oregon State Bar CLE, February 29, 2008 "Who is Liable for Speech in Cyberspace?"
ABA Intellectual Property Roundtable, June 25, 2007 Better Watchdogs: Investigative Reporting on the Beat,
Speaker: Ashland, Oregon, April 9-10, 2005. Professional Organizations: Oregon State Bar California State Bar Association Washington State Bar Association American Bar Association (Forum on Communications Law, Litigation) Federal Bar Association Multnomah Bar Association Community Activities: Member, Board of Metropolitan Family Service Member (and past Chair), Oregon State Bar's Bar-Press-Broadcasters Council Executive Committee of the Boards of the ACLU of Oregon and ACLU Foundation of Oregon and Chair of the Lawyers Committee Case Studies Tonkon Torp Team Secures Client's Victory in Complex, Multi-Million Dollar Case Alleging Fraud Articles Law 3.0 Happy Hour - An Internet and New Media Primer for Nonlawyers News Wilker at Portland City Club on Friday to Address Supreme Court Decision on Campaign Spending Tonkon Torp Lawyers Offer Intellectual Property Tips to Entrepreneurs Tonkon Torp Lawyers Offer Intellectual Property Tips to Entrepreneurs Tonkon Torp attorneys named to local nonprofit boards Tonkon Torp Partner Steven M. Wilker Named One of Portland's 40 Under 40 |