Professional Experience
Kevin has more than 30 years’ experience in the fields of complex commercial and business litigation. He has represented clients in trials, arbitrations and administrative-contested cases throughout the United States. In addition, he has conducted numerous confidential investigations of alleged corporate and employee malfeasance in the U.S., Canada, Asia and Europe.
Kevin is the head of Cable Huston’s litigation and trial practice group and was the firm’s managing partner for more than 12 years. In 2016, he was appointed to be the General Counsel for the Archdiocese of Portland in Oregon.
Previous Experience
Before joining the firm, Mr. Kiely was a litigation partner at Schwabe, Williamson & Wyatt.
Recent Representative Matters
- Lead counsel on internal investigation for Special Committee of Cale Group AB, a Swedish company, arising from highly-publicized bribery allegations related to procurement of City of Portland’s parking meter contract with a former Cale distributor. Conducted numerous witness interviews and oversaw collection of electronic and documentary evidence from the United States, Canada, and Sweden. Coordinated closely with the Portland City Attorney’s Office to disclose findings of investigation and discuss remedial action.
- Represented a commercial mining company in a Clean Water Act case brought by an environmental activist group in federal court in the Western District of Washington. The Plaintiffs sought a permanent injunction against further mining, a declaratory judgment, and millions of dollars in civil penalties. The case was successfully resolved on the eve of trial without any monetary penalty paid and the Plaintiffs’ public admission that our client did not violate the Clean Water Act. Friends of the East Fork v. J.L. Storedahl & Sons, Inc.
- Represented the Portland Trail Blazers and Rip City Management as lead counsel in various confidential litigation matters, including high-stakes commercial, media contract and NBA team arbitrations, player contract disputes and NBA Players’ Union grievance proceedings.
- Represented the Archdiocese of Portland in Oregon in the Chapter 11 proceedings of the Oregon Province of the Society of Jesus (Jesuits).
- Represented the Archdiocese of Portland in Oregon, and certain of its parishes, affiliated entities, priests and ministers in various employment and abuse claims in Oregon state and federal courts.
- Lead trial counsel for Portland Trail Blazers in adversary litigation in U.S. Bankruptcy Court for the District of Oregon against a consortium of lenders who sought to acquire control of Rose Garden Arena from debtor, Oregon Arena Corporation. Trail Blazers sought bankruptcy court ruling that lenders be required to make c. $120 million in improvements and upgrades as a pre-condition to taking ownership of Arena where Trail Blazers play. Team prevailed at trial in Oregon Bankruptcy court adversary proceeding. In re Oregon Arena Corporation.
- Represented Lake Oswego-Tigard Water Partnership in construction contract disputes and claims in connection with the multi-million-dollar Clackamas River Water Project and treatment facility. All claims between and among the parties were successfully resolved without litigation.
- Lead trial counsel on behalf of AmeriTitle against Gilliam County, Oregon for wrongfully imposing a local hiring policy on developers as an element of a tax abatement program. Federal jury verdict for AmeriTitle finding violations of commerce clause and equal protection clause of U.S. Constitution. Court ordered injunction against the County and attorney’s fees in favor of AmeriTitle. AmeriTitle, Inc. V. Gilliam County et al.
- Defended Texas corporation in multi-year tax dispute with Oregon Insurance Commissioner. Our client Prevailed in Marion County Circuit Court after several trials and summary judgment rulings. Affirmed on appeal, Stewart Title Guaranty Co. v. DCBS, 272 Or App 138 (2015).
- Lead defense counsel on $90 million in claims by a group of labor unions against their trustee fiduciary insurer arising out of the Capital Consultants’ collapse. The plaintiffs sought to recover alleged losses resulting from securities fraud, white-collar crime. Our client prevailed at trial in federal court in Oregon. Local 290 v. Federal ins. Co.
- Trial counsel representing global waste management concern in franchise-fee dispute with local government. Client prevailed at trial in federal court in Oregon. A.G.G. Enterprises v. Washington County, et al.
- Co-counsel for a Washington public utility on claims of c. $140 million against a consortium of U.S. and foreign insurers in Western District of Washington federal court. Claims resulted from a collapsed dam owned by the utility. Our utility client prevailed after a series of successful summary judgment motions. Utility received c. $140 million from insurers, plus attorney fees. Cowlitz County PUD No.1 v. Federated Insurance Co., et al.
Professional Activities and Memberships
- ABA Forum on the Entertainment and Sports Industries
- American Bar Association, Professionals’, Officers’ and Directors’ Liability Committees
- National Diocesan Attorneys Association
- Oregon Chapter of the Federal Bar Association
- Past Chair, Oregon State Bar, Construction Law Section
- United States Board of Contract Appeals Bar Association
Community Activities
- Mr. Kiely is the Past President and Co-Founder of the Oregon Patrons of the Arts in the Vatican Museums, Inc. He is also a past Member of the Board of Directors, Jordan Schnitzer Museum of Art (University of Oregon).
- Mr. Kiely has an M.A. in theology from Mount Angel Seminary and is an active member and part-time catechist at Resurrection Catholic Parish.