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Walter D. Kelley Jr.

As a former United States District Judge for the Eastern District of Virginia and a recent partner in one of the largest law firms in the world, Walter Kelley brings unique insight to high stakes litigation. He has extensive experience representing both plaintiffs and defendants in disputes between businesses, particularly in the areas of antitrust, intellectual property and securities. As a lawyer, Walt has tried more than 25 jury cases, obtaining verdicts for his clients in cases ranging from monopolization and resale price fixing, to the Robinson-Patman Act, to patent infringement. He has negotiated settlements for companies that were targeted by international cartels, and has served as counsel in numerous shareholder and partnership disputes. He has argued appeals in the Third, Fourth, and Ninth Circuits, as well as state appellate courts. As a judge, he presided over thousands of cases encompassing all areas of the law and authored 50 published opinions. He also sat by designation on the United States Court of Appeals for the Fourth Circuit and authored six appellate opinions.

In addition to maintaining an active trial docket, Walt serves as a mediator and arbitrator for business related disputes. He has mediated cases involving patent infringement, defective tax shelters, mergers and acquisitions, minority shareholder oppression and international distribution contracts. He has served as an arbitrator for cases involving copyright infringement, trademark infringement, insurance coverage, breach of M&A post-closing covenants, and dissolution of closely held corporations. Among other organizations, Walt also serves on the International Trade Commission’s panel of mediators for Section 337 (patent infringement) cases.

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Education

Washington & Lee University School of Law (magna cum laude, Order of the Coif), 1981. Lead Articles Editor of Law Review.

Washington & Lee University, B.A., (cum laude), 1977. Omicron Delta Kappa, Pi Eta Sigma.

Bar Admissions

Virginia

District of Columbia

United States District Court for the Eastern District of Virginia

United States Bankruptcy Court for the Eastern District of Virginia

United States District Court for the Western District of Virginia

United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the Federal Circuit

United States Supreme Court

Affiliations & Memberships

American Arbitration Association Roster of Arbitrators (2018 to present)

International Trade Commission Roster of Mediators for Section 337 Investigations (2009 to present)

Co-Found and Master, Pauline Newman Intellectual Property Inn of Court (2011 to present)

Commissioner, Independent Bipartisan Advisory Commission on Redistricting in VA (2011)

The Life Guard Society of Historic Mount Vernon (2011 to present)

Distinguished Alumnus Award – Washington & Lee University (2006)

Distinguished Alumni Award – Norfolk Collegiate School (2005)

Permanent Member, Fourth Circuit Judicial Conference (2004 to present)

Rector (2000 to 2002) and Member (2000 to 2004) Old Dominion U. Board of Visitors

Virginia Business Higher Education Council (2000 to 2004)

Advisory Board of SouthTrust Bank (1997 to 2004)

Chairman (1994 to 1998) and Director (1991 to 2004) Hampton Roads Board of The Salvation Army Adult Rehabilitation Center

Attorney General’s Task Force on Higher Education (2003)

Trustee (1990 to 2003) Norfolk Collegiate School

Chairman, Republican Party of Norfolk (1997 to 2000)

Board of Directors, Norfolk Botanical Garden Foundation (1999 to present)

President (1992-93) and Director (1986 to 1996) Washington & Lee Law Alumni Association

Clerked for the Honorable Ellsworth A. Van Graafeiland of the United States District Court for the Second Circuit (1981-82). 

Publications

W. D. Kelley, Jr., When Does Stealth Contracting for Arbitration Become To Sneaky?, Hausfeld Competition Bulletin (Summer 2018), reprinted in Lexology.

W. D. Kelley, Jr., Can State Law Render Arbitration Agreements Unenforceable?, Hausfeld Competition Bulletin (Summer 2017), reprinted in Lexology.

W. D. Kelley, Jr., United States Arbitration Update, Hausfeld Competition Bulletin (Spring 2017), reprinted in Lexology.

W. D. Kelley, Jr.,  Mandatory Arbitration in the United States and Europe, Hausfeld Competition Bulletin (Winter 2016), reprinted in Lexology.

Co-Author, Antitrust And The Media. Practicing Law Institute’s Communications Law Seminar.

W. D. Kelley, Jr., Exceptions to the Recovery of Lost Profits in Virginia, VSB Litigation News - Vol. IV No. 4 (Winter 1998)

W. D. Kelley, Jr., Recovery of Lost Profits in Virginia, VSB Litigation News - Vol. IV No. 3 (Fall 1997)

W. D. Kelley, Jr., Vertical Restraints And Other Distribution Issues. Virginia Law Foundation (1990)

Contributing Editor, Antitrust Law In Virginia: A Comprehensive Digest of Federal and State Antitrust Decisions and Developments. Virginia State Bar Antitrust Law Section (1989)

W. D. Kelley, Jr., Antitrust Compliance Programs: They're Not Just For Big Business Anymore, 35 Va. Bar News 19 (Oct. 1986)

W. D. Kelley, Jr., Note, Rule 10b-5: The Circuits Debate the Exclusivity of Remedies, the Purchaser-Seller Requirement, and Constructive Deception, 37 Wash. & Lee L. Rev. 877 (1980)

W. D. Kelley, Jr., Fourth Circuit Review: Employment Discrimination, 37 Wash & Lee L. Rev. 604 (1980)

Presentations & Speeches

Issues in Modern Cross-Border Mass Torts Litigation, ABA Litigation Section, Mass Torts Committee Telephone Program (April 9, 2019)

Antitrust in the Amazon World, ABA Antitrust Section, Pricing Conduct Committee Telephone Program (May 31, 2018)

Winning Your Case Before Trial: Tips and Advice for Maximizing a Mock Trial, ABA Litigation Section, Mass Torts Committee Telephone Program (March 30, 2018)

Here Comes The Judge, presented at the National Alcohol Beverage Control Association’s Annual Meeting (March 2018)

Antitrust:  Collaboration or Collusion, presented at the National Alcohol Beverage Control Association’s Annual Meeting (March 2017)

Judges’ Panel – Expert Evidence and the Role of Experts, presented at the International Association for the Protection of Intellectual Property (“AIPPI”) World Congress in Milan, Italy (September 2016)

Governmental Liabilities and Immunities, presented at the National Alcohol Beverage Control Association Annual Meeting (March 2016)

Hot Topics in Copyrights, presented at the Pauline Newman IP Inn of Court (October 2015)

Current Issues in NPE Litigation, presented at the Pauline Newman IP Inn of Court (November 2012)

The Economic Aspects of Intellectual Property, presented at the Pauline Newman IP Inn of Court (March 2012)

Mediation and Arbitration Clauses in Corporate Agreements: Do We Want Them? What Should They Say? How Far Can They Go?, presented at Virginia Bar Association’s Annual Summer Meeting (July 2010)

Markman Practice: A Practical Approach to Brief Writing and Hearing Presentation, presented at Indiana CLE Foundation Litigation Summit (November 2008)

Intellectual Property Litigation in United States District Courts, presented at Chinese Hi-tech Enterprise and US IP Litigation Strategy forum in Shenzhen, Shanghai and Beijing, China (May 2007)

Antitrust Litigation Ethics: From Soup To Nuts, ABA Section of Antitrust Law, Washington, D.C. (April 2007)

Educating Yourself About Electronic Discovery, presented at the Virginia Bar Association’s Annual Meeting (January 2007)

Current Trends in Architectural Copyright Law, presented at the National Association of Home Builders annual meeting (January 2006)

Common Pitfalls in Patent Infringement Litigation, presented at the Seventh Annual Intellectual Property Symposium, University of Texas School of Law (February 2006)

Business Divorces: When Closely Held Companies Fall Apart, presented at Norfolk Circuit Court Bench/Bar Conference (April 2006)

Practicing Law in a House of Mirrors: Dilemmas Posed by Shifting Alliances and Latent Conflicts When Representing Multiple Parties, presented at the Virginia State Bar’s Annual Meeting (June 2006)

Federal Sentencing After United States v. Booker, presented by Norfolk-Portsmouth Bar Ass’n (July 2006)

Architectural Copyright Law: Current Trends and Tips, presented at the National Association of Home Builders annual meeting (January 2003)

Architectural Copyright Law and Practice, presented at the Virginia Society of the American Institute of Architects annual meeting (November 2002)

Insider Tips and Tricks of the Trade: What Every Young Litigator Should Know, presented at the Virginia Bar Association’s 112th Annual Meeting (January 2002)

Chair Disputes in Closely Held Businesses, sponsored by Committee on Continuing Legal Education of the Virginia Law Foundation. Presented in Richmond and McLean, Virginia (February 2001)

Antitrust, Franchise and Trade Regulation Law, sponsored by Committee on Continuing Legal Education of the Virginia Law Foundation (1990)

Basics of Choosing and Examining Experts, sponsored by the Continuing Legal Education Committee of the Norfolk-Portsmouth Bar Ass'n (1989)

Awards

Top Rated Antitrust Litigation Attorney, Super Lawyers (2014 - present)

Washington, D.C. Best Lawyer (1995 - present)

Fellow, Litigation Counsel of America (elected in 2016)

Outstanding Alumnus Award, Washington & Lee University School of Law (2016)

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