Jonathan B. Cole, 1950 - 2026

Jonathan B. Cole, who built Nemecek & Cole into one of Southern California's premier professional liability and business litigation firms and who was widely regarded by colleagues as the lawyer they called when everything was on the line, died March 18. He was 75.

His death marks the passing of a litigator whose four-decade career helped shape California professional liability law through more than 40 published decisions and culminated in argument before the U.S. Supreme Court in a landmark First Amendment case.

Cole co-founded the Encino-based firm in 1984 and over the next four decades grew it from a startup into a regional institution that reflected both his name and his approach to the practice of law. He was recognized as a Top 100 Lawyer in Southern California and built a reputation for precision advocacy, particularly in high-stakes professional liability matters.

Cole's longtime partner and co-founder Frank W. Nemecek noted "Jon was a force to be reckoned with. Overlooked is Jon's mentorship and development of young lawyers, which accounts for the vitality and continuing success of the firm." 

Cole's son Marshall carries the legacy as a partner in the firm, which remains a significant presence in the legal community. 

Colleagues said those accolades barely scratch the surface of his impact. Firm partner and close friend Michael W. Feenberg said Cole didn't just raise the bar, he was the bar. He wasn't simply a mentor; he lived excellence, insisted on it, and transformed everyone who worked for him into a sharper, stronger lawyer.

"He epitomized the very essence of somebody who commanded every room, every conversation, every exchange of correspondence," Feenberg said. "He made every client's battle his battle, no matter how big or how small."

In one notable case, he represented defendants in a legal malpractice and breach of contract action and won a California Second District Court of Appeal ruling on a question of first impression: whether pretrial county jail custody tolls the statute of limitations. The court held it does not, finding that only time served in state prison qualifies. Tracing the statute to its 1872 civil death origins, the opinion clarified its scope statewide--a significant result achieved at the demurrer stage and characteristic of Cole's procedural successes. Austin v. Medicis, (2018) 21 Cal.App.5th 577

"Fierce, relentless, and brilliantly skilled, Jon was equally known for the compassion and humor he brought to his advocacy," the firm said in announcing his death.

That duality defined Cole in the eyes of colleagues, who described a lawyer capable of dominating a courtroom while disarming those around him with humor. He approached each case as if it were his most important and was regarded by clients as a steady presence when uncertainty was highest.

Cole devoted much of his practice to defending lawyers, but his reputation drew matters beyond professional liability, including a case that took him to the nation's highest court. Johnnie Cochran, the defense attorney known for defending O.J. Simpson against murder charges, obtained a permanent injunction barring a former client and the client's common-law wife from publicly criticizing him after they engaged in a campaign involving paid demonstrators carrying defamatory signs. Tory v. Cochran, 544 U.S. 734 (2005)

"Johnnie Cochran came to Jon after a disgruntled former client, Ulysses Tori, began harassing him -- recruiting homeless individuals and paying them to carry defamatory signs wherever Cochran appeared," Feenberg said. "Jon obtained an injunction. It survived the California Court of Appeal. The California Supreme Court declined to hear it."

First Amendment scholars, including Erwin Chemerinsky, later challenged the injunction on free speech grounds, and the U.S. Supreme Court granted certiorari.

"Jon went to Cochran and told him plainly: he was a professional liability defense lawyer, not a First Amendment specialist," Feenberg said. "Cochran didn't waver. 'You're my guy. There's no one else I'd ever want advocating for me in front of the U.S. Supreme Court.'"

Cole prepared intensively for the argument, studying the justices' writings, tendencies and questioning styles.

"For months, photographs of every sitting justice lined his office wall -- their positions, their temperaments, their questions studied and restudied. When the day came, colleagues watched from the gallery as Jon argued before the court alongside [the] solicitor general and seasoned appellate practitioners," Feenberg said. "He outshone them all. Justices laughed. They leaned in. He commanded the chamber the way he commanded every room he had ever entered."

The result, though, was largely anticlimactic because Cochran had died before the justices heard the case. They vacated the injunction because the issue was moot and didn't rule on the First Amendment issue.

Colleagues said Cole demanded exacting attention to detail and gave the same in return, helping build a firm culture that reflected his standards and contributed to its reputation as a leading workplace in the region. His mentorship shaped generations of litigators, instilling a philosophy that strong results and uncompromising ethics are inseparable.

Outside the courtroom, Cole brought the same intensity to competitive water skiing. A seven-time National Water Ski Racing champion, he held the Catalina Water Ski Race record for men over 45, set in 1996, and the Australia Bridge to Bridge record for men over 50. Competitors described him as relentless and prepared, traits that mirrored his approach to litigation.

Cole was also a longtime member of the Beverly Hills Bar Association as well as the San Fernando Valley Bar Association, where colleagues said he was generous with his time and deeply committed to the organization.

He is survived by his wife, Barbara; children Amy, Graham and Marshall; and seven grandchildren.

"To so many of us, Jon was far more than a respected lawyer -- he was a true and loyal friend," the firm said. "His loss will be profound. His legacy will endure."

A private memorial service is planned for his family. A celebration of life will be announced by the firm.