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Overview
Steven is Co-Chair of the firm’s Litigation Department and the Information Privacy & Security Practice Group. He counsels clients in complex commercial litigation, intellectual property, media communications and technology, information security, energy, corporate governance, real estate, and finance issues. An AV-rated litigator, Steven is also a member of the firm’s Intellectual Property and Financial Services & Investment Management practice groups.
He handles complex litigation in trial and appellate courts and in arbitration, and advises clients on transactional and information security matters as well. He represents clients in local, regional, and national matters.
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, news gathering methods, public records, public meetings, licensing, and copyright.
Steven advises clients regarding their information security and privacy issues, including appropriate responses to actual and potential breaches of data security, and providing notice to affected persons in accordance with applicable laws and regulations. He also advises clients on the mitigation of litigation risk in connection with incident responses. In addition, Steven serves as the firm's Information Security Partner and serves on the firm's internal IT Security Committee.
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.
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.
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.
He handles complex litigation in trial and appellate courts and in arbitration, and advises clients on transactional and information security matters as well. He represents clients in local, regional, and national matters.
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, news gathering methods, public records, public meetings, licensing, and copyright.
Steven advises clients regarding their information security and privacy issues, including appropriate responses to actual and potential breaches of data security, and providing notice to affected persons in accordance with applicable laws and regulations. He also advises clients on the mitigation of litigation risk in connection with incident responses. In addition, Steven serves as the firm's Information Security Partner and serves on the firm's internal IT Security Committee.
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.
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.
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.
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Featured Representative Matters
Ignite v. CamelBak
Successfully defended CamelBak against claims for patent infringement. The Patent Trial and Appeal Board ruled that the patent claims alleged against our client were invalid. That decision was appealed to the Federal Circuit, which ruled in favor of CamelBak, too. The final patent issue that was pending in district court was ultimately dismissed with prejudice.
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 salesperson 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.
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Featured Work
Tonkon Torp Leads CamelBak to Victory at the Patent Trial and Appeal Board and Federal Circuit
Tonkon Torp has won a significant patent case for its client, CamelBak Products. CamelBak, based in Petaluma, California and founded in 1989, invented the hands-free hydration category and is the global leader in personal hydration gear. In November 2014, CamelBak was sued for patent infringement on a lid assembly for a beverage container that included cleaning features.
Tonkon Torp Obtains Oregon Supreme Court Victory for ACLU
Tonkon Torp attorneys Steven Wilker, Sarah Einowski and Gwen Griffith, working on behalf of the ACLU of Oregon, won a large victory in the Oregon Supreme Court that strengthens the public's right to records. Find details and more featured cases here.
Steven Wilker Brings ACLU Case to Oregon Supreme Court
Steven Wilker recently presented arguments to the Oregon Supreme Court on behalf of the ACLU of Oregon. At issue is the ACLU’s request for the release of public records from the City of Eugene relating to an incident in 2008 in which a Eugene police officer twice "tased" protestor Ian Van Ornum while he was prone on the ground at an anti-pesticide rally.
Balancing Free Speech and Presidential Security - Wilker Argues at the U.S. Supreme Court on First Amendment Issue
On March 26, 2014, Tonkon Torp litigator Steven Wilker argued at the U.S. Supreme Court on behalf of the ACLU of Oregon in Wood v. Moss, a political viewpoint discrimination case. Find details and more featured cases here.
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Community Involvement & Activities
American Civil Liberties Union of Oregon, Inc. and ACLU Foundation of Oregon, Inc.
Board of Directors
2010–2015, Vice President, Litigation
2009–2015, Member
Lawyers Committee
2010–2015, Chair
2015-2017, Vice Chair
2006–Present, Member
Classroom Law Project
2018–Present, Vice Chair
2014–Present, Board of Directors
First Growth Children and Family Charities, dba Classic Wines Auction
2018-Present, Board of Directors
2019-Present, Treasurer, Executive Committee
Metropolitan Family Service
2015-Present, Investment Committee
2010-2018, Board of Directors
2017-2018, Immediate Past Chair
2015-2017, Chair
2013-2015, Vice Chair
Oregon State Bar – Bar Press Broadcasters Council
2005-2010, Member
2008, Chair
Board of Directors
2010–2015, Vice President, Litigation
2009–2015, Member
Lawyers Committee
2010–2015, Chair
2015-2017, Vice Chair
2006–Present, Member
Classroom Law Project
2018–Present, Vice Chair
2014–Present, Board of Directors
First Growth Children and Family Charities, dba Classic Wines Auction
2018-Present, Board of Directors
2019-Present, Treasurer, Executive Committee
Metropolitan Family Service
2015-Present, Investment Committee
2010-2018, Board of Directors
2017-2018, Immediate Past Chair
2015-2017, Chair
2013-2015, Vice Chair
Oregon State Bar – Bar Press Broadcasters Council
2005-2010, Member
2008, Chair
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Professional Memberships
Multnomah Bar Association
American Bar Association
Federal Bar Association
American Bar Association
Federal Bar Association
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Awards & Recognition
The Best Lawyers in America
2013-2020, Commercial Litigation
2013-2020, Litigation: First Amendment
2017, 2019, Lawyer of the Year – Litigation: First Amendment, Portland
2013-2020, Litigation: First Amendment
2017, 2019, Lawyer of the Year – Litigation: First Amendment, Portland
Super Lawyers
2015-2019, Oregon Super Lawyer – IP Litigation
2013-2014, Oregon Super Lawyer – Business Litigation
2013-2014, Oregon Super Lawyer – Business Litigation
Portland Business Journal
2005, Forty Under 40
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Recent News
8.15.2019
2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys
Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
7.16.2019
31 Tonkon Torp Attorneys Honored on 2019 Super Lawyers Lists
Thirty-one Tonkon Torp attorneys in nine practice areas have been included in the 2019 Oregon Super Lawyers or Rising Stars lists.
3.4.2019
Tonkon Torp Sponsors 2019 Classic Wines Auction
Tonkon Torp was a sponsor at the 35th Annual Classic Wines Auction (CWA) on March 2. Steven Wilker managed our table attendance at the event and coordinated the sponsorship in his capacity as a CWA board member.
10.19.2018
Steven Wilker Joins Board of Directors for Classic Wines Auction
Tonkon Torp partner Steven Wilker has joined the board of directors for the Classic Wines Auction. The Classic Wines Auction raises funds for Oregon and Southwest Washington nonprofit organizations that focus on providing services to children and…
10.11.2018
IP Attorneys Host Briefing to Help Companies Navigate Social Media and Website Pitfalls
Attorneys from Tonkon Torp’s Intellectual Property Practice Group hosted a breakfast briefing on September 27 to help companies identify and navigate the legal pitfalls that litter the social media and website marketing landscape.
9.25.2018
Tonkon Torp Sponsors 2018 Classroom Law Project Golf Tournament
Tonkon Torp was a sponsor at the Classroom Law Project's 17th Annual Golf Tournament on September 24. Classroom Law Project (CLP) works to prepare youth to become active, engaged, and informed participants in democratic society. Steven Wilker, Vice…
8.20.2018
Six Tonkon Torp Attorneys Named Portland Lawyers of the Year
Six attorneys from Tonkon Torp have been named by Best Lawyers in America® 2019 as Portland Lawyer of the Year in their specialties. In each community, only one lawyer per specialty is honored as the Lawyer of the Year by the peer review survey.
8.17.2018
Best Lawyers in America® Names 51 Tonkon Torp Attorneys to 2019 List
Fifty-one Tonkon Torp lawyers representing 41 practice areas have been selected for inclusion in The Best Lawyers in America® 2019. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years
8.15.2018
Steven Wilker Elected Vice Chair of Classroom Law Project
Tonkon Torp partner Steven Wilker has been elected Vice Chair of the Classroom Law Project (CLP). The CLP is a nonprofit organization that helps prepare Oregon’s youth to become active, engaged, and informed participants in a democratic society…
7.24.2018
31 Tonkon Torp Attorneys Honored on 2018 Super Lawyers Lists
Thirty-one Tonkon Torp attorneys in 11 practice areas have been included in the 2018 Oregon Super Lawyers or Rising Stars lists. Tonkon Torp partner and bankruptcy authority Albert Kennedy has been once again recognized on the Top 50 list of Oregon…
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Recent Alerts
6.20.2012
JOBS Act Directs SEC to Lift Ban on General Solicitation and General Advertising in Rule 506 Offerings
The recently enacted Jumpstart Our Business Startups Act (JOBS Act) directs the U.S. Securities and Exchange Commission (SEC) to adopt rules that remove the existing prohibition against general advertising and general solicitation in private…
4.23.2012
SEC Adopts Final Rules on Performance-Based Fees
As discussed in a previous Tonkon Tip, the Securities and Exchange Commission issued an order raising the financial thresholds of Rule 205-3 under the Investment Advisers Act of 1940, which provides that only "qualified clients" may be charged a…
2.6.2012
Final ERISA Service Provider Fee Disclosure Rules Go Into Effect July 1, 2012
On February 2, 2012, the Department of Labor ("DOL") issued final regulations requiring service providers to ERISA retirement plans to disclose information about the service providers' compensation and potential conflicts of interest. The final rules…
1.25.2012
SEC Overhauls Form ADV Part 1A to Conform to New Dodd-Frank Requirements
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 has significantly changed how investment advisers are regulated. Among other things, the Act (a) increased the amount of assets under management required for SEC registration and…
7.15.2011
SEC Extends Deadlines for Compliance with New Investment Adviser Registration Regime under Dodd-Frank
As we detailed in a previous Tonkon Tip, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank") makes significant changes to the current investment adviser regulatory regime.
6.28.2011
New ERISA Participant-Directed Plan Disclosure Rules
A discussion of the new Department of Labor rules, enumerating the plan and investment-related information that employers must furnish to participants.
2.15.2011
Get Ready Now to Comply with ERISA Service Provider Fee Disclosure Rules
On January 1, 2012, new rules go into effect that will require investment advisers, brokers and others who provide services to ERISA plans to disclose to plan fiduciaries information relating to the service provider's compensation. This disclosure is…
1.12.2011
SEC Extends Deadline for Brochure Supplements for Certain RIAs
As discussed in a previous Tonkon Tip, the SEC recently amended the requirements of Form ADV Part 2 to require registered investment advisers to provide clients with a "brochure" under Part 2A of Form ADV and "brochure supplements" under Part 2B of…
12.7.2010
DOL Proposes Broader Definition of ERISA "Fiduciary" Applicable to Investment Advisers
On October 22, 2010, the Department of Labor ("DOL") published proposed regulations that would broaden the definition of when a person is an ERISA "fiduciary" by reason of giving investment advice to an employee benefit plan or a plan's participants…
12.2.2010
SEC Amends Part 2 of Form ADV to Create New Disclosure Regime for RIAs
The SEC recently amended the requirements for the principal disclosure document that SEC-registered advisers provide to their clients and prospective clients. Under the previous Form ADV Part II, advisers were required to respond to a series of…
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Publications & Presentations
"Social Media and Websites – IP Pitfalls and Cautionary Tales," September 2018
"Privacy Policies and the GDPR," June 2018
"Know Your Rights – Fair Use or Copyright Infringement?" Society of American Travel Writers, November 2017
"Legal and Moral Questions in The Nether," Third Rail Repertory Theatre, October 2016
"Presidential Security Trumps First Amendment: Wood v. Moss," Oregon Civil Rights Newsletter, OSB Civil Rights Section, November 2014
"Is Big Data Giving you a Big Headache?" OSB Corporate Counsel Section, October 2014
"Legal Issues with the Internet of Things and Drones," OSB Technology Law Section, October 2014
"Behind the Curtain: Inside the U.S. Supreme Court," U.S District Court of Oregon Historical Society, September 2014
"Data Security and Breach Response 101: A Primer for Corporate Counsel," Association of Corporate Counsel, June 2014
"First Amendment Speech and Assembly and Fourth Amendment Search and Privacy," American Constitution Society for Law and Policy, May 2014
"Hot Box: NSA Spying Rules," KGW News' Hot Box, January 2014
"Public Records, But Not For Public Employees," Jefferson Public Radio's Jefferson Exchange, January 2014
"A Deeper Look Into Government Surveillance Programs and Your Right to Privacy," KGW News' Straight Talk, June 2013
"What You Need to Know About Public Records and Open Meetings in Oregon," Lorman Education Services, June 2013
"Warranties and Indemnifications," Daily Journal of Commerce, December 2012
"Privacy, Piracy and Patents: Computer Law 2012," OSB Computer and Internet Law Section, September 2012
"Representative Capacity," Oregon Civil Pleading and Practice, 6th edition, Oregon State Bar, April 2012
"Are Corporations People? The Impact and Future of 'Citizens United,'" City Club of Portland, January 2012
"Binding Arbitration: Oregon Dealers Cannot Require Binding Arbitration of Warranty Claims," Oregon Automobile Dealers Association Newsletter, November 2011
"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 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 2008
"What You Need to Know About Public Records and Open Meetings," Lorman CLE, October 2008
"Grand Theft IP," Oregon Entrepreneur’s Network Webinar, June 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 2008
"Who is Liable for Speech in Cyberspace?" American Bar Association Intellectual Property Roundtable, June 2007