NEMECEK & COLE - Key Persons


Bench Bar

Job Titles:
  • Chairman, 2018 - Present

Claudia L. Stone

Claudia L. Stone has been a member of Nemecek & Cole since November 2004. Claudia is recognized for her handling of civil litigation through trial and, where possible, has resolved matters in alternative dispute processes and/or settlement. She has argued cases before California Courts of Appeal and the Ninth Circuit Court of Appeal. Prior to joining Nemecek & Cole, Claudia was a partner with Bronson, Bronson & McKinnon LLP. Claudia was also senior counsel with Allen Matkins, Leck, Gamble, Mallory & Natsis LLP.

Frank W. Nemecek

Job Titles:
  • Founding Member
Frank W. Nemecek is a founding member of Nemecek & Cole, a Professional Corporation. Frank is an active trial lawyer and is recognized as one of the best by his colleagues and by the judges before whom he has tried cases. In 40 years of practice, Frank has tried more than 80 cases to jury verdict, including two of the longest cases ever tried in Los Angeles County (California Department of Corporations v. CalAm Corporation, et al., Los Angeles Superior Court, 9 months; United States of America v. Laird, United States District Court for the Central District of California, 10 months). Frank has tried more than 200 court trials and binding arbitrations in matters involving professional liability, business disputes, business torts and real estate matters.

Howard Smith

Howard specializes in professional liability litigation at the trial and appellate levels with an emphasis on the legal malpractice defense and other litigation related conduct. Howard's published decisions include Cedars Sinai v. Superior Court (1998) 18 Cal.4th 1, and Farmers Insurance Exchange v. Superior Court (2000) 79 Cal. App.4th 1400, both of which helped abolish the tort of spoliation of evidence in California.

Jon D. Robinson

Jon D. Robinson has been a member of Nemecek & Cole since June 1993. Since 1988, Jon has focused on representing attorneys and other professionals in malpractice, malicious prosecution, fee disputes, and other litigation. He has also been involved in complex business, insurance and tort litigation. Jon has represented several high-profile clients, and, together with Jonathan B. Cole, has been recognized by the Los Angeles Daily Journal and other publications for results achieved on behalf of clients.

Jonathan B. Cole

Job Titles:
  • Shareholder Emeritus )
Jonathan was the founding member of Nemecek & Cole since 1984 and was the managing partner until his retirement in 2022. Jon pioneered the field of professional liability defense in the State of California. He was known as the "go to" attorney in Los Angeles for defending professionals. His intense and proactive style made him a feared adversary. His clients included some of the most prestigious and established law firms, attorneys, insurance companies and businesses in Los Angeles County and the state of California. During his tenure in practice, he handled more than 50 appeals and writs in California. In 2005, he argued before the United States Supreme Court on behalf of his longtime former client, the late Johnnie Cochran, in a high profile First Amendment rights case. During his tenure at Nemecek & Cole he transformed it from a two attorney boutique to the preeminent professional liability defense firm which consistently received awards as being one of the best law firms in the City of Los Angeles. With such an illustrious career, Jonathan now focuses on enjoying time with his wife Barbara, his two sons and daughter, and his 7 grandchildren. "Three's a Crowd" by Jonathan B. Cole and David B. Owen, California Law Business, September 20, 1999 (In California, no bright-line rule can be articulated when third parties assert that an attorney has a duty of care to them. It is imperative that potential third parties be advised to seek independent counsel)

Justice Sandy R. Kriegler

Job Titles:
  • Associate Justice

Kenny C. Brooks

Kenny's practice focuses on representing attorneys, insurance agents and brokers, and real estate agents and brokers against malpractice and breach of fiduciary duty claims. Kenny has a lengthy and consistent record of negotiating early and efficient resolutions on behalf of his clients, resolving matters via dispositive motion without the need for trial, and obtaining defense jury verdicts and arbitration awards. In addition to defending professionals against malpractice actions, Kenny has extensive experience litigating multi-million dollar business and real estate disputes in both state and federal courts, as well as defending and advising insurance carriers in bad faith litigation.

Kyle R. Besa

Kyle R. Besa has been a member of Nemecek & Cole since September 2022. Before joining Nemecek & Cole, Kyle received his law degree from Southwestern Law School and his undergraduate degree from the University of Oregon. Kyle was Senior Lead Articles Editor of the Southwestern Law Review from 2021 to 2022. Kyle was admitted to the California State Bar in January 2023.

Marshall R. Cole

Job Titles:
  • American Board of Trial Advocates ( ABOTA ) Trial College Fellow
  • Member of the Board of Trustees of Curtis School
Marshall is one of Nemecek & Cole's highly skilled trial attorneys who has extensive experience handling complex and high-profile matters through trial. Named by the Daily Journal as one of the top professional liability attorneys in the State of California, Marshall represents many of the most successful and innovative licensed professionals in the United States through all aspects of litigation. Marshall also handles complex civil litigation matters arising out of real estate disputes, tax matters, sexual harassment claims and contract related disputes. With a proactive, decisive and approachable style, Marshall is known as an incredible problem solver who is able to resolve cases early and efficiently. When matters cannot be resolved, these same skills have allowed Marshall to maintain a consistent track record of obtaining verdicts in favor of his clients at trial. Marshall also donates his time serving as a Volunteer Prosecutor for the City of Inglewood. Marshall is routinely called upon to speak at seminars regarding ethics, trial skills and relevant topics in the legal community. Marshall is an American Board of Trial Advocates (ABOTA) Trial College Fellow and serves on the Lawyer Defense Committee for the Association of Southern California Defense Counsel. He is also a member of: Association of Business Trial Lawyers, San Fernando Valley Bar Association, Los Angeles County Bar Association, and the Beverly Hills Bar Association. Marshall serves as a member of the Board of Trustees of Curtis School, Los Angeles. Marshall has been a competitive water ski racer since he was six years old. He was the Junior World Champion for water ski racing in 2001 and was selected as a member of the United States Water Ski Racing Team for the 2001, 2003, 2005 and 2007 world championships. Aside from water ski racing, Marshall is an avid mountain biker and snow skier. Marshall lives in Sherman Oaks. "Artificial Intelligence in the Legal Field" seminar by Marshall Cole for the Association of Southern California Defense Counsel, August 3, 2023 "Legal Malpractice Trends" seminar by Marshall Cole, James Rosen, and Kenny Brooks for the 2022 Association of Southern California Defense Counsel Annual Seminar "People v. Sanchez - One Year Later" seminar by Marshall Cole, Michael Alder, Judge John Pacheco and John Taylor Jr. for the 2019 Association of Southern California Defense Counsel Annual Seminar. "You Can't Prenup Your Way Out of a Legal Malpractice Claim" seminar by Marshall Cole, Jonathan Cole and Michael McCarthy for the American Academy of Matrimonial Lawyers 2017 Trial Advocacy Institute, January, 2017.

Marta A. Alcumbrac

Job Titles:
  • Certified Specialist in Legal Malpractice Law
Marta Alcumbrac joined Nemecek & Cole in August 2023. Marta is a certified specialist in Legal Malpractice Law by the State Bar of California. She has successfully represented lawyers and law firms in numerous legal malpractice and breach of fiduciary duty cases for over 20 years and also represents attorneys in proceedings before the State Bar. She is a frequent speaker on litigation strategy and ethics issues.

Michael McCarthy

Job Titles:
  • Certified Specialist, Legal
Michael McCarthy has been a member of Nemecek & Cole since January 2004. Mike was formerly a partner at Manning & Marder, Kass, Ellrod, Ramirez LLP, where he chaired the firm's Professional Errors & Omissions Department. Prior to Manning Marder, Mike spent 18 years with Haight, Brown & Bonesteel where he served as managing partner in 1994 and 1995. Michael McCarthy is a Certified Specialist, Legal Malpractice Law, The State Bar of California Board of Legal Specialization.

Nina M. Niedbalski

Nina Niedbalski has been a member of Nemecek & Cole since December 2020. Before joining Nemecek & Cole, Nina Niedbalski graduated from Southwestern Law School's SCALE two-year accelerated program and was admitted to the California State Bar in January 2021. While a law student, she interned for the Los Angeles District Attorney's Office and co-authored several motions with successful outcomes. She was a teaching assistant and a Dean's Fellow, and a writer on Southwestern Law School's Moot Court team. Her brief submitted at the 2020 Evan A. Evans Constitutional Law Competition won Best Petitioner's Brief.

Tommy Q. Gallardo

Tommy Q. Gallardo has been an attorney with Nemecek & Cole since 2004. Tommy has received recognition by Los Angeles Magazine as a Southern California Rising Star five times and as a Super Lawyer five times for his practice in the areas of business litigation and professional liability defense. He is a "go-to" attorney at Nemecek & Cole to handle complicated litigation and has extensive experience as a litigator, including handling business litigation, professional liability defense, employment litigation, and real estate litigation cases in state and federal court. Tommy's clients include companies, law firms, trustees, and insurance brokers. Tommy represents many well-known and prestigious businesses, law firms, attorneys, and other professionals in Los Angeles and beyond. Prior to joining Nemecek & Cole, Tommy practiced general civil litigation as a sole practitioner handling a wide variety of cases for plaintiffs and the defense.

Vikram Sohal

Vikram Sohal has been a member of Nemecek & Cole since July 2013. Vikram has extensive litigation and trial experience in a variety of substantive areas of law, with emphasis on intellectual property, business litigation and professional liability defense. He has successfully defended attorneys, banking executives and other professionals in multimillion-dollar lawsuits, and has favorably resolved numerous copyright infringement disputes on behalf of America's oldest performing rights organization both in and out of the courtroom. Before joining Nemecek & Cole, Vikram practiced as a general litigator for five years at the international law firm of Arnold & Porter LLP, and then moved to a litigation boutique where he gained substantial trial experience.