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Desktop Image: Kono, Kevin H.
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Kevin H. Kono

Partner

Partner-in-Charge, Portland

T 503.778.5331 Portland
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Kevin Kono helps clients resolve their disputes in a broad range of commercial and complex litigation matters. He works closely with clients to provide a candid assessment of each matter and identify the client's goals. Kevin can resolve disputes at any point from pre-litigation negotiation through trial and the appellate process, but he believes in developing and implementing an effective resolution strategy tailored to each specific client's goals.

Kevin's approach allows him to effectively handle any litigation matter, but he has particular experience handling consumer and other class actions, including defending class actions brought under Oregon's Unlawful Trade Practice Act, the Telephone Consumer Protections Act, Landlord-Tenant statutes, and other claims. Kevin also works with financial institutions and other creditors in debtor-creditor and consumer financial services litigation, including enforcing creditor's rights and defending claims under the Fair Debt Collection Practices Act, Truth in Lending Act, Real Estate Settlement Procedures Act, and Fair Credit Reporting Act. Kevin also represents individuals and companies in general business disputes and has successfully litigated a wide variety of claims in state, federal, and bankruptcy courts. He also serves clients through the appellate process and has argued before the Oregon Court of Appeals, Oregon Supreme Court, 9th Circuit Court of Appeals, and 11th Circuit Court of Appeals.

Kevin also advises broadcasters and newspapers on libel, publishing, media access, privacy torts, and other content-related issues, and defends media clients against defamation, invasion of privacy, copyright, and similar claims.

Practice Highlights

Class action defense

Defends clients across a variety of industries against consumer and tenant class actions, including unlawful trade practices claims and Telephone Consumer Protection Act claims. Named one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2015‌-2024.

Appellate litigation

Represent clients in appellate proceedings before the Oregon Court of Appeals, Oregon Supreme Court, and 9th Circuit Court of Appeals, and 11th Circuit Court of Appeals. Named one of the "Best Lawyers in America" in Appellate Practice by Best Lawyers, 2016-2024.

Publishing and First Amendment

Represented newspapers, publishers, broadcasters, and other content providers providing pre-publication review, advice, and litigation. Named one of the "Best Lawyers in America" in First Amendment Litigation by Best Lawyers, 2016-2024. Also selected by Best Lawyers as Portland's "Lawyer of the Year" in First Amendment Litigation in 2018.

Class Action Litigation

Solano v. Fred Meyer

Defending national grocery chain in multimillion dollar class action asserting unlawful trade practices claim alleging the chain improperly charged consumers for beverage containers that cannot be redeemed under the state's container recycling program. (Ongoing, D. Or.)

National revenue cycle management company and healthcare company

Defending Telephone Consumer Protection Act putative class action alleging prerecorded voice calls without required consent. (Ongoing, D. Or.)

Concentrated animal feeding operation

Defending concentrated animal feeding operation in defense of multi-defendant putative Resource Conservation and Recovery Act (RCRA) class action alleging nitrate pollution of groundwater. (Ongoing, D. Or.)

Vitort v. Kroger, et al.

Obtained dismissal and affirmance on appeal of high-value class action claims alleging false advertising of a fruit-based product. 2021 WL 6061864, findings and recommendation adopted at 2022 WL 294904 (D. Or.); 2023 WL 3143690 (9th Cir.)

National property manager

Defended property management company in a multi-million dollar putative class action alleging unlawful trade practices relating to rental increases and status changes of low income and senior living facilities. Successfully enforced class action waiver and then settled favorably. (2022)
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Consumer Finance and Credit Recovery

Clark v. JPMorgan Chase Bank, N.A.

Obtained dismissal of declaratory judgment claim challenging enforceability of note and deed of trust. 2019 WL 7562761 (D. Or. 2019), report and recommendation adopted, 2020 WL 127977 (D. Or. 2020)

James v. Stox Posting and Publishing, LLC

Defended vendor in bankruptcy adversary proceeding against claims for avoidable transfers under Bankruptcy Code and Washington law. (Bankr. W.D. Wash. 2019)

Lazar v. J.P. Morgan Chase Bank, N.A.

Defeated motion for temporary restraining order seeking to enjoin foreclosure sale, with case ultimately dismissed. 2019 WL 3997268 (D. Or. 2019)

International bank representation

Represented international bank in receivership proceedings under Oregon's new receivership law in connection with enforcement of commercial loan. (2018-2019)

Barnes v. Chase Home Finance, LLC

Obtained summary judgment against Truth in Lending Act rescission claim. 2018 WL 3212018 (D. Or. 2018), affirmed 934 F.3d 901 (9th Cir. 2019)
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Appellate

Vitort v. Kroger, et al.

Obtained dismissal and affirmance on appeal of high-value class action claims alleging false advertising of a fruit-based product. 2021 WL 6061864, findings and recommendation adopted at 2022 WL 294904 (D. Or.); 2023 WL 3143690 (9th Cir.)

Bjornsdotter v. Suttell & Hammer, P.S.

Obtained summary judgment for law firm and lawyer clients against class action claims asserting violations of the Fair Debt Collection Practices Act, 2020 WL 1049906 (D. Or. 2020), and summary judgment affirmed on appeal, 2021 WL 6118166 (9th Cir.).

Barnes v. Chase Home Finance, LLC

Obtained affirmance of summary judgment in case of first impression under Truth and Lending Act. 934 F.3d 901 (9th Cir. 2019)

MCAG v. Epiq Systems, Inc.

In a case of first impression, obtained reversal of an order requiring the target of an arbitral summons to provide discovery in an arbitration hearing. 939 F.3d 1145 (11th Cir. 2019)

Barker v. JPMorgan Chase Bank

Obtained 9th Circuit affirmance of trial court dismissal of various mortgage and foreclosure-related claims under Oregon and federal law, including the Fair Debt Collection Practices Act, Truth in Lending Act, and Real Estate Settlement Procedures Act. 743 Fed.Appx. 850 2018 WL 3912011 (2018)
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Content-Related Representation

Newspaper representation

Advising media client on public records matters, perform pre-publication review of select articles, and provide general pre-publication, copyright, and other advice. (Ongoing)

Television station representation

Brought successful anti-SLAPP motion to defeat defamation claim against television station brought by solar company, including obtaining award of nearly all attorney fees. (2024)

Publisher and author representation

Defended publisher and author against invasion of privacy and intentional infliction of emotional distress claims. Resolved via favorable settlement. (D. Or. 2023)

Newspaper representation

Obtained voluntary dismissal of defamation claim against newspaper. (2022)

Pop v. Penguin Group (USA)

Obtained voluntary dismissal of copyright claim involving best-selling novel. (2011)
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Admitted to Practice

  • Oregon, 2002
  • Washington, 2019
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, District of Oregon
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, Western District of Washington, 2019

Education

  • J.D., University of Oregon School of Law, 2002
    • First in Class
    • Order of the Coif
    • Executive Editor, Oregon Law Review
    • Tesdahl Award for Best Brief
    • Maxine F. Lee Award for Editorial Excellence
  • B.A., Psychology, Spanish, Business Administration, University of Oregon, 1991, summa cum laude
    • Departmental honors in Psychology

Memberships & Affiliations

    • Partner-in-Charge, Portland Office, Davis Wright Tremaine, 2024-present
    • Vice-Chair, Commercial Litigation Group, Davis Wright Tremaine, 2022-2024
    • Executive Committee, Oregon State Bar Business Litigation Section, 2012-2020
    • Mentor, University of Oregon School of Law 1L Mentoring Program, 2016-2017
    • Board Member, Oregon Law School Alumni Association, 2010-2014
    • Member, Multnomah County Bar Association Court Liaison Committee, 2012-2015
    • Japan-America Society of Oregon
    • Treasurer, Oregon Asian Pacific American Bar Association, 2009-2011
    • Member, Multnomah County Bar Association Professionalism Committee, 2009-2012
    • Member, Multnomah County Bar Association, 2002-present

Professional Recognition

    • Named as one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Oregon), 2020-2025
    • Selected by Best Lawyers as Portland's "Lawyer of the Year" in First Amendment Litigation, 2018
    • Named as one of the "Best Lawyers in America" by Best Lawyers in Commercial Litigation, 2015-present; in Appellate Practice, 2016-present; in Litigation - First Amendment, 2016-present; in Litigation - Banking and Finance, 2025-present
    • Selected to "Oregon Super Lawyers" in Business Litigation, Thomson Reuters, 2023-2024
    • Selected to "Oregon Rising Stars" in Appellate and First Amendment/Media/Advertising, Thomson Reuters, 2009, 2011-2012; selected in Civil Litigation Defense, 2010-2011
    • Awarded "Lifetime Achievement Award" by America's Top 100 Attorneys
    • Convocation on Equality "Champion," 2011
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Publications
06.06.25
News
Chambers USA Affirms Davis Wright Tremaine's Growing National Leadership in Key Industry Sectors Read More
Publications
11.01.24
News
Kevin Kono Named Portland Partner-in-Charge at Davis Wright Tremaine Read More
10.09.24
Presentations
Presenter, "Cornerstone Civil Motions," Oregon Judicial Conference, Sunriver, Ore.
Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More
Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More
Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More
Publications
05.21.21
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
Publications
04.28.20
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
Publications
2018
Publications
Bankruptcy & Creditors' Rights
"The Oregon Receivership Code in Action: Early Impressions," Oregon Debtor-Creditor Newsletter, Oregon State Bar Read More
Publications
08.15.17
News
Twelve From Davis Wright Tremaine Named 2018 "Lawyers of the Year" by Best Lawyers Read More
Presentation
2017
Presentations
Appellate Litigation
"Preserving Issues for Appeal in Oregon Circuit Court," Oregon Association of Defense Counsel Commercial Practice Seminar, Portland, Ore. Read More
2015
Presentations
Appellate Litigation
"Oregon Appellate Practice," Oregon Asian Pacific American Bar Association, Portland, Ore.
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