Jon W. Monson

Professional Experience

Jon W. Monson is a partner in Cable Huston’s Litigation, Appellate, Government Entities, and Internal Investigations practice groups. Jon represents clients in all aspects of state and federal civil litigation, including high-stakes civil litigation, mediation, and arbitration. He has also briefed and argued numerous appeals and petitions for review, including before the U.S. Court of Appeals for the Ninth Circuit, Oregon Supreme Court, and Oregon Court of Appeals, among other appellate courts. His clients include individuals, public and private companies, and governmental and quasi-governmental entities.  Jon served for many years as Chair of the Firm’s Management Committee and now acts as the Firm’s General Counsel.

Jon’s practice covers a variety of litigation areas, including: 

• Complex Business & Commercial Litigation
• Government Liability and Tort Defense
• Civil and Administrative Appeals
• Professional Malpractice Defense and Legal Ethics
• Mass Torts and Class Action Defense

Jon is also an active volunteer in the Portland legal community. For many years, Jon has served as a pro tem circuit court judge for the Multnomah County Circuit Court.  Pro tem judges preside over civil motions and are appointed by the Oregon Supreme Court after vetting through a judicial screening committee comprised of local attorneys. 

Jon has also served in leadership positions on several state bar committees.  Jon is currently an appointed member of the Oregon State Bar Disciplinary Board, the regulatory body charged with adjudicating disciplinary complaints against Oregon lawyers.  Jon also previously served as Chair of the Oregon State Bar’s Uniform Civil Jury Instruction Committee and Legal Ethics Committee.

Prior Experience

Before joining Cable Huston in 2010, Jon was an associate attorney at O’Melveny & Myers LLP in New York and Los Angeles, a firm consistently recognized by The American Lawyer as having one of the most prestigious litigation departments in the country.

Representative Cases/Matters

Complex Civil Litigation

• Successfully defended Oregon Department of Justice in declaratory relief lawsuit filed by various interest groups seeking to force the closure of the Oregon TITAN Fusion Center program. 
• Won complete dismissal of declaratory relief lawsuit filed by Marion County against the Oregon Health Authority and various state officials related to OHA’s handling of civilly committed individuals throughout the State.
• Lead counsel for director of state agency in complex lawsuit brought by several large hospitals systems against the State related to treatment of civilly committed individuals.
• Successfully defended local winery in bet-the-company lawsuit filed by property owner; lawsuit dismissed and client awarded attorneys’ fees.
• Represented a professional basketball team and affiliated management company in various litigation matters, including in complex arbitrations and grievance proceedings before the Commissioner of the National Basketball Association (NBA).
• Represented large lumber manufacture against $50 million shareholder oppression claims brought in Oregon and Washington courts.
• Represented special committee of national media company in a highly-publicized internal Investigation and federal civil lawsuit involving hundreds of millions of dollars in fraud claims against former CEO and other senior executives.  Led to criminal convictions and restitution for victims.
  
• Successfully defended California’s largest public agency retirement fund trust administrator in Attorney General investigation and subsequent qui tam litigation related to handling of over $150 million in unclaimed retirement funds.

Mass Torts and Class Action Defense 

• Overseeing defense of several state and federal lawsuits seeking over $1 billion in damages against a local municipal utility related to the 2020 Holiday Farm wildfire in Lane County, Oregon.
• Successfully defended former director of large state agency against multi-million-dollar class action claims brought on behalf of adults-in-custody related to the State’s handling of COVID-19 in Oregon prisons.
• Lead counsel for Oregon Department of Administrative Services in complex wage and hour class action lawsuit arising from the State’s transition to a new payroll system.
• Won dismissal of class action claims brought against state agency related to alleged disclosure of employee COVID-19 vaccine information.

Legal Malpractice Defense and Legal Ethics  

• Frequently advise lawyers on legal ethics and complex attorney-client privilege issues. 
• Represent lawyers and law firms in Oregon against professional malpractice and related claims as member of the Oregon Professional Liability Fund’s Defense Counsel Panel.
• Successfully defended lawyer against malpractice claims arising from negotiation of complex real property transaction in Deschutes County.  Case dismissed at summary judgment.
• Successfully defended two lawyers against $5 million lawsuit by former client related to payment and collection of attorney fees in insurance coverage lawsuit.  All claims dismissed at summary judgment; client awarded attorneys’ fees.

Civil and Administrative Appeals

• Argued and won Ninth Circuit Court of Appeals appeal as lead counsel for director of a state agency in case arising from vaccine prioritization decisions made during the COVID-19 pandemic. See Maney v. Brown, 91 F.4th 1296 (9th Cir. 2024).
  • Argument available at: https://www.ca9.uscourts.gov/media/video/?20230420/22-35218/ (starts at 7:00)
• Argued and won Oregon Court of Appeals appeal for two large metal recycling companies alleging violations of the Administrative Procedures Act by the Oregon Department of Environmental Quality.  See PNW Metals Recycling Inc. v. DEQ, 317 Or App 207 (2022).  Also argued subsequent appeal before the Oregon Supreme Court.
  • Court of Appeals argument available at: Court of Appeals Argument (starts at 52.30)
  • Oregon Supreme Court argument available at: Oregon Supreme Court Argument
• Argued and won Ninth Circuit appeal for director of state agency in case related to a coordinated care company’s exit from the market in 2018.  See Allen v. FamilyCare, Inc., 812 Fed App’x 413 (9th Cir 2020). 
  • Argument available at:  https://www.ca9.uscourts.gov/media/video/?20200302/18-35593/ (starts at 35.20)
• Argued and won Oregon Court of Appeals appeal in complex easement dispute related to fish return channel on the McKenzie River.  See Eugene Water & Electric Board v. Miller, 290 Or App 721 (2018).
• Argued and won appeal in longstanding retaliatory tax dispute between Stewart Title Guaranty Co. and State of Oregon’s Department of Consumer and Business Affairs.  See Stewart Title Guaranty Co. v. State of Oregon, 272 Or App 138 (2015).
• Argued and won reversal on appeal as lead counsel for indigent prisoner in seminal prisoner rights case involving failure to provide adequate outdoor exercise. See Thomas v. Ponder, 611 F.3d 1144 (9th Cir. 2010).
• Frequently serve as court-appointed counsel for indigent parties through the Ninth Circuit’s Pro Bono Appellate Program, including in appeals on Section 1983, Bivens, and other constitutional claims.

Internal Investigations & Compliance

• Managed transnational internal investigation for Special Committee of a Swedish parking meter manufacturer into bribery allegations related to the City of Portland’s parking meter contract with a former distributor.   
• Managed internal investigation for defense contractor arising from Navy Criminal Investigative Services (NCIS) subpoena related to alleged misreporting of OSHA violations in bid documents.  
• Managed internal investigation for Air Force defense contractor related to allegations of False Claims violations arising from excessive time entries by employees on a large time and materials contract.
• Handled internal investigations of public companies related to stock options back-dating and other allegations of financial fraud.
• Managed internal investigation for Fortune 500 company concerning whistleblower allegations of environmental violations that arose during internal compliance audit.
• Managed internal investigation for large healthcare company concerning retaliation claims against former compliance officer. 
• Represented multiple investment advisory businesses in New York Attorney General investigation related to pay-to-play allegations in state pension fund.

Publications and Speaking Engagements

Professional Activities

• Multnomah County Circuit Court Judge Pro Tempore (2018-present)
• Member, Oregon State Bar Disciplinary Board (2021-present)
• Executive Committee Member, Oregon State Bar Litigation Section (2023-2024)
• Oregon State Bar Uniform Civil Jury Instruction Committee (Chair, 2023-2024; Member, 2021-2024)
• Oregon State Bar Legal Ethics Committee (Chair, 2020; Secretary, 2019; Member, 2015-2020)
• Arbitrator, Oregon State Bar Fee Dispute Resolution Program (2019-present)
• Arbitrator, Multnomah County Mandatory Arbitration Program (2011-present)
• Panel Member, Ninth Circuit Court of Appeals Pro Bono Appellate Program (2009-present) 
• Member, Multnomah County Bar Association 
• Member, Clackamas County Bar Association
• Member, Federal Bar Association
• Editor-in-Chief, Criminal Litigation (American Bar Association, 2008-2010)
• Supervising Attorney, UCLA Law School Appellate Advocacy Clinic (2009-2010)