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Desktop Image: Fendall, Kaley L.
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Kaley L. Fendall

Partner

Chair, Office DEI Committee (Portland)

T 503.778.5375 Portland
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Kaley Fendall focuses her practice on all aspects of antitrust law, including litigation, counseling, and mergers and acquisitions. Kaley's antitrust experience spans a number of industries, including financial services, food and beverage, hospitality, agricultural, technology, manufacturing, and healthcare, and encompasses all phases of the merger process, including premerger counseling and advice, Hart-Scott-Rodino filings, and defense of merger investigations brought by the Federal Trade Commission and U.S. Department of Justice. In addition to representing clients in merger investigations, Kaley also has experience representing clients in complex commercial litigation, including in antitrust, trademark, unfair competition, contract disputes, and other related matters, and manages all phases of civil litigation, including discovery and electronic discovery, motions practice, and working with experts.

Practice Highlights

Merger counseling & investigations

Counsels clients regarding merger control filings and pre-merger issues, such as deal structure, information sharing, or "gun-jumping." Significant experience preparing and coordinating filings under the Hart-Scott-Rodino Act. Represents clients before the Federal Trade Commission and Department of Justice in merger investigations and "Second Requests."

Antitrust & business counseling

Regularly counsels clients on antitrust risk and antitrust compliance with respect to joint ventures, collaborations with competitors, trade associations or industry groups, distribution agreements, pricing policies, and other business practices. Provides antitrust compliance and training to clients, including on-site training, written guidelines, and compliance manuals.

Antitrust litigation

Represents clients in matters alleging a broad range of antitrust violations, including price-fixing, monopolization, tying, exclusive dealing, and refusal to deal.

Antitrust counseling for healthcare clients

Providing antitrust counseling to healthcare clients in transactions, operations, investigations, and disputes.  Manage antitrust compliance programs, merger investigations, and other antitrust issues that arise for healthcare providers. (Ongoing)

In re TFT-LCD Antitrust Litigation

Defending SANYO North America Corporation and SANYO Consumer Electronics Corp. Ltd. with respect to price fixing allegations. (Ongoing)

LMG Concerts LLC v. Salem Communications Corporation, et al.

Representing Salem Communications Corporation, a radio broadcaster, against antitrust and unfair competition claims brought by local concert promoter. (Ongoing)

Complex healthcare joint venture reorganization

Lead antitrust counsel to health system in connection with HSR-reportable reorganization of complex healthcare joint venture investigated by state and federal antitrust enforcers. (2022)

Acquisition of Virginia Mason by CommonSpirit

Co-lead antitrust counsel to Virginia Mason in connection with successful clearance by FTC and Washington AG of its acquisition by CommonSpirit Health. (2021)
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Admitted to Practice

  • Oregon, 2009
  • U.S. District Court, District of Oregon, 2010

Education

  • J.D., University of Washington School of Law, 2009
    • Finalist, Moot Court Honor Board Mediation Competition
    • Member, Mediation Clinic 
  • B.A., Political Science, Occidental College, 2004, cum laude
    • Director, Board of Directors, Charles R. Blyth Fund
    • Writing Advisor, Center for Academic Excellence

Memberships & Affiliations

    • Member, Service to the Public Committee, Young Lawyers Section, Multnomah Bar Association
    • Volunteer Lawyer, Domestic Violence Project, Legal Aid Services of Oregon
    • Member, Multnomah County Bar Association
    • Member, American Bar Association

Professional Recognition

    • Named one of the "Best Lawyers in America" in Mergers and Acquisitions Law by Best Lawyers, 2023
    • Named as one of "500 Leading Litigators in America" by Lawdragon, 2022
    • Selected to "Oregon Rising Stars," Thomson Reuters, 2015, 2017-2019

Background

    • Summer Associate, Davis Wright Tremaine, Portland, Ore., 2008
    • Judicial Intern, Hon. Richard B. Sanders, Washington State Supreme Court, Olympia, Wash., 2007
    • Communications Assistant, Office on Violence Against Women, U.S. Department of Justice, Washington, D.C., 2004-2006
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