Nicole C. Valco

Partner
San Francisco
  • 505 Montgomery Street
  • Suite 2000
  • San Francisco, CA 94111-6538
  • USA
Profile Experience

Nicole Valco, a partner in the Complex Commercial Litigation Practice, advises market-leading companies on range of disputes in federal and state courts.

Ms. Valco advises clients in the technology, energy, and pharmaceutical industries on disputes and matters related to:

  • Complex commercial issues
  • White collar defense
  • Intellectual property and trade secrets
  • Antitrust violations
  • Securities violations

She has experience successfully litigating high-stakes disputes through trial to verdict.

 

Ms. Valco’s experience includes representing:

  • Medivation
    • Against the Regents of the University of California in a breach of contract action over a patent license agreement pertaining to a prostate cancer therapy. Obtained favorable resolution.
    • Against an individual employee of the University of California in a four-week jury trial regarding licensing rights pertaining to a prostate cancer therapy arising from a sponsored research agreement. The jury returned a defense verdict and awarded damages to Medivation.
  • Marvell Semiconductor in a six-week trade secrets theft jury trial. The jury returned a complete defense verdict, which The Daily Journal recognized as the Top Defense Verdict of the year.
  • PG&E as defendant in a two-month criminal trial and hundreds of related civil lawsuits. Successfully reduced PG&E’s potential fine in the criminal case from US$1.14 billion to US$3 million. No individuals were indicted.
  • Apricus Biosciences against Laboratoires Majorelle in an antitrust, breach of contract, and fraud action over a patent license agreement. Obtained dismissal of all claims.
  • Ovation Pharmaceuticals (now Lundbeck) in a merger-to-monopoly case in which the Federal Trade Commission sought divestiture and disgorgement of more than US$100 million. After trial, the district court entered judgment for Ovation on all claims. The district court’s decision was affirmed by the Eighth Circuit.
  • A pioneering gene editing company in arbitration over a patent licensing dispute. Obtained favorable resolution.
  • SS&C, a financial technology company, in the pursuit of trade secret misappropriation claims in Illinois and Connecticut state courts against former employees charged with disseminating trade secrets to a competitor.
  • Deloitte & Touche in a putative securities class action and five separate mass actions alleging that Deloitte “participated or materially aided” certain securities sales by Aequitas Capital Management, in violation of the Oregon Securities Laws. Plaintiffs allege that Aequitas perpetrated a Ponzi-scheme and claim losses of up to US$650 million.
  • The CFO of a semiconductor company in a three-week jury trial against a civil complaint brought by the SEC alleging stock options backdating under federal securities laws.
  • An agricultural technology company in a trade secret dispute involving a former employee charged with disseminating trade secrets to a competitor.
  • Three investors in a breach of contract dispute against an internet-based portfolio company over a voting rights agreement. Obtained a favorable resolution.
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