Overview
Representative Work
Activities & Membership
Awards & Recognition
News & Publications
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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
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
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 & Recognitions
The Best Lawyers in America
2017, 2019, Lawyer of the Year – Litigation – First Amendment, Portland
2013-2019, Commercial Litigation
2013-2019, Litigation – First Amendment
2013-2019, Commercial Litigation
2013-2019, Litigation – First Amendment
Portland Business Journal
2005, Forty Under 40
Super Lawyers
2015–2018, Oregon Super Lawyer - IP Litigation
2013–2014, Oregon Super Lawyer - Business Litigation
2013–2014, Oregon Super Lawyer - Business Litigation
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Recent News
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…
7.13.2018
Wilker and Beach Break Down GDPR Compliance at Tonkon Talk
At the June 27 Tonkon Talk, attorneys Steven Wilker and Eric Beach led a discussion on the newly rolled out General Data Protection Regulation (GDPR) and how it impacts Oregon companies that target or collect information about customers in the EU.
11.27.2017
Steven Wilker Spells Out Copyright Protection to Writers
Tonkon Torp attorney Steven Wilker spoke at the Society of American Travel Writers convention during a session on copyright issues. Steven and his co-presenter offered a basic overview of intellectual property rights with a focus on fair use and…
9.25.2017
Tonkon Torp Sponsors 2017 CLP Golf Tournament
Tonkon Torp was a sponsor at the Classroom Law Project's (CLP) 16th Annual Golf Tournament Fundraiser on September 22. Steven Wilker, a CLP board member, organized Tonkon's participation with the event. CLP works to bring vital and engaging civics…
8.16.2017
Best Lawyers in America® Names 49 Tonkon Torp Attorneys to 2018 List
Forty-nine Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2018. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years…
7.11.2017
28 Tonkon Torp Attorneys Honored on 2017 Super Lawyers Lists
The national attorney rating service Super Lawyers has named 28 Tonkon Torp attorneys in 10 practice areas to its 2017 Super Lawyers and Rising Stars lists for Oregon. The annual Super Lawyers list represents the top 5 percent of attorneys in Oregon…
5.5.2017
Tonkon Torp Hosts ACLU Lawyers' Committee
Tonkon Torp hosted the ACLU of Oregon Lawyers' Committee for a meeting on May 2. Steven Wilker and Sarah Einowski led Tonkon's involvement with the meeting; Steven and Sarah are both members of the Lawyers' Committee (Steven is Vice Chair), The…
4.28.2017
Tonkon Torp Sponsors 2017 Classroom Law Project Dinner
Tonkon Torp sponsored the Classroom Law Project's (CLP) annual Legal Citizen of the Year Award Dinner & Benefit on April 26. Steven Wilker, a CLP board member, led Tonkon's participation and attendance at the event.
3.7.2017
Tonkon Torp Sponsors 2017 Classic Wine Auction
Tonkon Torp sponsored a table at the 33rd Annual Classic Wine Auction on March 4. Steven Wilker managed our table attendance at the event and coordinated the sponsorship in his capacity as chair of the Metropolitan Family Services (MFS) board of…
11.30.2016
Steven Wilker Explores Legal and Moral Questions Raised by The Nether
Tonkon Torp attorney Steven Wilker participated in a unique panel discussion that followed the October 16 performance of The Nether, a play presented by Third Rail Repertory Theatre. The play explores challenging legal and moral issues at the…
10.26.2016
Steven Wilker's First Amendment Practice Featured in PBJ
Steven Wilker was featured in a Portland Business Journal article on niche litigation practices – Steven discusses his First Amendment work: “Part of my litigation practice involves representing news organizations in matters arising from the…
10.10.2016
Tonkon Torp Sponsors 2016 "Gathering of Good"
Tonkon Torp sponsored Metropolitan Family Service's (MFS) annual "A Gathering of Good" dinner and fundraiser, held October 6. Tonkon's involvement was led by Steven Wilker, chair of the MFS board of directors and executive committee.
9.26.2016
Tonkon Torp Sponsors Annual CLP Golf Tournament
Tonkon Torp was a sponsor at the Classroom Law Project's (CLP) 15th Annual Golf Tournament on September 23. Classroom Law Project (CLP) works to prepare youth to become active, engaged, and informed participants in democratic society.
8.16.2016
Six Tonkon Torp Attorneys Named Portland Lawyers of the Year
Six attorneys from Tonkon Torp have been named by Best Lawyers in America 2017 as Portland Lawyer of the Year in their specialties. In each community, only one lawyer in each specialty is honored as the Lawyer of the Year by the peer review survey…
8.15.2016
Best Lawyers in America® Names 44 Tonkon Torp Attorneys to 2017 List
Forty-four Tonkon Torp lawyers representing 38 practice areas have been selected for inclusion in The Best Lawyers in America® 2017. Each attorney has been named to the list in past years, and nearly all have been recognized for more than five years…
7.11.2016
28 Tonkon Torp Attorneys Honored on 2016 Super Lawyers Lists
Twenty-eight Tonkon Torp attorneys in ten practice areas are named on the national 2016 Super Lawyers or Rising Stars lists. Super Lawyers are selected through a process that identifies outstanding lawyers in dozens of practice areas. Factors…
4.28.2016
Tonkon Torp Sponsors Table at Classroom Law Project Event
On April 27, Tonkon Torp and its Litigation Department sponsored a table at the Classroom Law Project's (CLP) annual Legal Citizen of the Year Award Dinner & Benefit. Steven Wilker, a CLP board member, led Tonkon's participation at the event.
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Publications & Presentations
"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
"The Supreme Court Inside and Out," OSB Business Litigation Section, November 2015
"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