J. Patrick O'Malley

Attorney Profile

Top Rated Alternative Dispute Resolution Attorney in Portland, OR

Resolution Strategies LLP
 | 515 NW Saltzman Rd, #909
Portland, OR 97229
Phone: 888-281-0603
Fax: 503-226-2801
Selected to Super Lawyers: 2019
Licensed Since: 1978
Practice Areas:
  • Alternative Dispute Resolution (20%),
  • Intellectual Property Litigation (20%),
  • General Litigation (20%),
  • Business/Corporate (20%),
  • Business Litigation (20%)
Attorney Profile

J. Patrick O'Malley, a founding partner of Resolution Strategies LLP, has been serving as settlement counsel since 2003.  Located in Portland, Oregon, he and partner Eric English provide unique representation to clients throughout the state and nationwide. Although Pat and Eric have a strong background in litigation, they now focus on serving as settlement counsel helping individual and business clients resolve their disagreements outside of the courtroom. Pat is admitted to practice before all Oregon state courts, he is also admitted to practice before the U.S. District Court for the district of Oregon.

The role of settlement, or resolution, counsel is to design and implement successful exit strategies for clients involved in disputes. Mr. O'Malley's clients span a wide range of industries, and the matters that he has handled on behalf of both plaintiffs and defendants have included patent licensing and other intellectual property issues, complex business cases, shareholder disputes, and issues involving financial institutions. His fellow attorneys have taken note of his successful track record and have awarded him an AV Preeminent* peer review rating through Martindale-Hubbell.

As an undergraduate, Mr. O'Malley attended the University of Oregon, Robert D. Clark Honors College, where he majored in economics and received a Bachelor of Arts in 1972. His legal education was obtained at the University of Oregon School of Law, and he was the associate editor of the Oregon Law Review before being awarded his Juris Doctor in 1978. After graduation, Mr. O'Malley joined a Portland law firm, where he handled a variety of business transactions and litigation. He then spent several years as in-house counsel to a company that owned a chain of retail video stores, and he oversaw its expansion and managed regulatory compliance. Mr. O'Malley is a member of several legal organizations, including the American Bar Association, Section of Dispute Resolution.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas

Alternative Dispute Resolution (20%)
Intellectual Property Litigation (20%)
General Litigation (20%)
Business/Corporate (20%)
Business Litigation (20%)

Alternative Dispute Resolution (20%): Mediation

Intellectual Property Litigation (20%)

General Litigation (20%): Litigation

Business/Corporate (20%)

Business Litigation (20%)

Focus Areas

Mediation, Litigation

Selections

Selected to Super Lawyers for 1 yearsbottom-image

Super Lawyers: 2019

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About Patrick O'Malley

Admitted: 1978, Oregon

Professional Webpage: http://www.resolutionstrategies.com/assets/docs/j.-patrick-o...

Pro bono/Community Service:

  • President, State of Oregon Sports Hall of Fame and Museum
  • Founder, State of Oregon Sports Hall of Fame and Museum

Scholarly Lectures/Writings:

  • ABA presentation on Settlement Counsel - The Many Shades of Settlement Counsel https://www.americanbar.org/content/dam/aba/administrative/litigation/materials/2014_sac/2014_sac/settlement_counsel_1.authcheckdam.pdf https://www.americanbar.org/content/dam/aba/administrative/litigation/materials/2014_sac/2014_sac/the_many_shades_of_settlement_counsel.authcheckdam.pdf, 2014
  • Associate Editor, Oregon Law Review, Oregon Law School
  • Case Studies in Settlement Counsel, https://www.accmeetings.com/AM16/faculty/files/ACC_498_5138_903_-_Case-Studies-in-Settlement-Counsel-Best-Practices-for-Litigation-Exit-Strategies.pdf  

Verdicts/Settlements:

  • Representing the Oregon Department of Revenue, we successfully resolved litigation with Comcast dating back to 2009.  The dispute involved a number of complex issues regarding assessment of Comcast telecommunications equipment - an issue that had a major impact on local governmental finances.  The settlement discussions extended over many months.  The settlement was reached in 2017 with a recovery of $155 million by the Department of Revenue, a result that also provides local Oregon communities with greater transaparancy and certainty going forward., 2017
  • Portland General Electric Company (PGE) retained Resolution Strategies as settlement counsel in 2017 in an effort to resolve contentious and complex litigation arising out of the 2016 termination of a construction agreement with Abeinsa EPC, LLC, Abener Construction Services, LLC, Teyma Construction USA, and Abeinsa Abener Teyma General Partnership.  The construction agreement concerned the completion of the gas-fired generating plant located in Eastern Oregon.  The termination dispute, which also included responsibility for the cost of completion of the construction  and related damages, extended to multiple legal proceedings, including cases before the US District Court (Oregon), the Ninth Circuit Court of Appeals and the International Chamber of Commerce Court of Arbitration.  With the assistance of Resolution Strategies, all claims were resolved in July 2018, with PGE recovering $130 million along with a release of all claims asserted against the company by opposing parties and their sureties.  , 2018
  • Representing the State of Oregon, Department of Justice, as settlement counsel, Resolutioni Strategies engaged in an extensive effort to resolve the multi-juridictional disputes with Oracle, Inc, arising out of the failed lauch of the Oregon health insurance website.  The hostile and complex litigation involved a half dozen lawsuits in federal and state courts and related proceedings.  The matter was successfully resolved in September 2016.  https://www.doj.state.or.us/media-home/news-media-releases/oregon-and-oracle-settle-healthcare-exchange-litigation/  , 2016
  • A Mississippi company, Delta and Pine Land, retained me (with partner Bill Hoskins and former partner Larry Glassmann) as Settlement Counsel to help the company resolve a $1+ billion claim against industry giant Monsanto Corporation arising out of a failed merger.  The dispute between the companies had resulted in several pending lawsuits and mounting legal costs (at case end it was estimated that each company had incurred in excess of $50 million in legal fees).  Over the course of attempting to resolve the case, the extended process included a failed mediations, as well as a 2 week negotiation conference with senior managment teams from both companies.  The case was finally resolved when Monsanto agreed to a $1.5 billion merger with our client, a transaction that was closed within a few weeks of the intial discussions in 2006, followed by appropriate regulatory approvals.  Unusual insight into the settlement/merger discussions was provided in the footnotes to the merger proxy filed by Delta and Pine Land, which included references to a key confidential meeting leading up to the merger talks, 2006, 2006
  • Representing long-term client DataQuill Limited, the holder of important patents on cell phone connectivity to the internet and related merchandising capabilities, we negotiated the settlement of our client's trial judgment in post-trial negotiations.  The case, tried before the U. S. District Court for the Eastern District of Texas (Judge Rodney Gilstrap), resulted in a $31.5 million jury verdict in favor of DataQuill.  In post trial negotiations the case was successfully resolved on terms that remain confidential. https://www.law360.com/articles/735502/zte-dataquill-settle-after-31-5m-verdict-in-patent-row, 2016, 2016
  • Following years of contentious litigation between semi-conductor leaders TriQuint Semiconductor and Avago, Inc., and a failed mediation, we were able to structure an unusual mediated meeting - involving CEO's from both companies.  The claims and cross-claims between the parties involved $100's of millions of dollars and included cross patent infringement claims as well as an anti-trust claim against Avago.  The specially arranged mediated meeting resulted in settlement of all pending issues between the companies. https://www.law360.com/articles/341841/triquint-avago-settle-cellphone-tech-ip-antitrust-suit, 2012, 2012
  • Serviing as Settlement Counsel for the Lac du Flambeau Band of Lake Superior Chippewa Indians and the Lake of the Torches Economic Development Commission, settled the long-standing dispute involving 5 parties arising out of the Tribes default under the terms of a $50 million bond issued in 2008.  The case, involving claims exceeding $100 million, was settled as we brought to light the responsibility of other parties resulting in other parties paying over $50 million of the claimed liabiltiy against the Tribe. http://www.businesswire.com/news/home/20170215005931/en/Tribe-Settles-Bond-Litigation-Invites-Tribal-Members, 2017, 2017
  • Representing Implicit, Inc. in its patent monetization program, we negotiated a license with Google regarding the Implicit patent porfolio, 2015, 2015
  • Representing DataQuill Limited as Settlement Counsel, the holder of important cell phone patents, we successfully led a patent monetization program that licensed every major cell phone manufacturer in the world and resulted in over $100 million in licensing revenues, 2006 - 2015., 2015
  • Brought into a complex trade secret dispute, we successfully established a productive business-based discussion and evaluation process, tabling the filing of the prepared lawsuit.  Our client Cardica, Inc. was able to resolve the dispute and successfully amended its license agreements with Intuiteive Surgical, Inc. regarding the development of surgical stapling cartidiges for use in da Vinci Surgical Systems.  https://globenewswire.com/news-release/2016/01/07/800173/0/en/Cardica-and-Intuitive-Surgical-Amend-License-Agreement.html, 2016, 2016
  • In 1999 James Chasse died of asphyxiation in the custody of the police.  Chasse's parents and brother filed a lawsuit against Multnomah County, the City of Portland and others.  After many years of contentious litigation, we were retained by Multnomah County as Settlement Counsel.  Over the course of the next several months we laid the foundation for settlement negotiations and successfully negotiated a settlement on behalf of Multnomah County in 2009.  The remaining claims against the other defendants were settled shortly thereafter. http://www.mentalhealthportland.org/county-settles-stake-in-chasse-lawsuit-for-925000/, 2009, 2009

Transactions:

  • Although we participate in the negotiation of transactions, the transactions are generally in connection with the resolution of a dispute and, as a result, are included in the Verdict and Settlement section.

Educational Background:

  • University of Oregon, Honors College, BA 1972

Industry Groups

  • American Bar Association (Litigation And Dispute Resolution Sections)
  • Multnomah Bar Association
  • Oregon State Bar (Business Litigation And Corporate Counsel Sections)
Office Location for J. Patrick O'Malley

515 NW Saltzman Rd
#909
Portland, OR 97229

Phone: 888-281-0603

Fax: 503-226-2801

J. Patrick O'Malley:

Last Updated: 4/22/2019

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