Mr. Kupchak, a Fellow in the American College of Construction Lawyers, and on the governing committee of the American Bar Association's Forum on the Construction Industry. He has degrees in chemistry from Cornell and meteorology from Penn State. In 1996, Penn State's College of Earth and Mineral Sciences named him a Centennial Fellow. He was a meteorologist for 4 years, serving as General Staff Weather Briefing Officer in Saigon, Vietnam (7th Air Force), and Chief Forecaster at Suffolk County Air Force Base on Eastern Long Island.

In 1968 he served on the meteorology University of Hawaii's research staff prior to returning to Cornell where he obtained his law degree with a Specialization in International Affairs in 1971. While in law school he clerked for the Wall Street firm of Cleary Gottlieb Steen & Hamilton, and the Los Angeles firm of McCutcheon Black Verleger & Shea. He also worked part-time for Professor Rudolph B. Schlessinger on the third edition of his comparative law text for Foundation Press and for Professor Harrop A. Freeman regarding special studies with respect to Micronesia.

After serving on the Cornell Law Review, Ken joined the Damon firm. For more than 25 years, Ken's practice has centered on all aspects of construction law, from international joint ventures to complex multi-party litigation, and the acquisition of three of the Pacific Basin's leading contractors. Ken represents numerous developers, architects, contractors and subcontractors and served on Boards of three large construction companies.

Since 1992, he and Damon Key colleagues Michael A. Yoshida, and Anna H. Oshiro have co-authored the Hawaii chapter in the Aspen Construction Series' two volume Fifty State Construction Lien and Bond Law book, The Design/Build Process: A Guide to Licensing and Procurement Requirements in the 50 States and Canada, State-By-State Guide to Architect Engieneer and Contractor Licensing, and A State-By-State Guide to Construction and Design Law, Current Statutes and Practices.

In representing planned community developers, Ken has won significant state supreme court decisions invalidating initiative as a land use tool and clarifying due process rights with respect to aesthetic and environmental interests. For 10 years, he was a member of the Statewide Advisory Committee for the Coastal Zone Management Program and chaired its agenda committee.

Mr. Kupchak continues to be a member of the American Arbitration Association's panel of arbitrators and has served on its international arbitration training faculty. In addition to the Governing Committee of the American Bar Association's Forum on the Construction Industry, Mr. Kupchak has served as the Chair of its Membership Committee and its Dispute Avoidance and Resolution Division and co-chair of its 2001 Annual Meeting in New Orleans. He has also been a plenary session and workshop speaker at the Forum's annual meeting. He has led workshops regarding international arbitration at several annual meetings of Meritas, the world's largest affiliation of business and commercial law firms.

With a practice that centers in complex litigation, international joint ventures, and construction, Mr. Kupchak has been an advocate, mediator and arbitrator as well as a negotiator of complex dispute resolution clauses critical to the formation of international joint ventures, including a billion dollar project.

Mr. Kupchak is involved in numerous issues involving the existence and extent of traditional and customary gathering rights and has written and spoken on the subject many times. In addition, Ken has been a faculty member at numerous National Business Institute, Lorman Education Services, and Law Centers International land use and construction seminars.

Professional & Community Affiliations

American Bar Association (Governing Committee, Forum on the Construction Industry; Chair, Membership Committee and Dispute Avoidance and Resolution Division, Forum on the Construction Industry

Fellow, American Bar Foundation

Hawaii State Bar Association (Chair, Law and Population Committee)

American Arbitration Association (Panel of Arbiters and international training faculty)

International Bar Association

Chairman, Hawaii Commission on Memorials for Veterans of the Korean and Vietnam conflicts (1992)

Hawaii Nature Center (Director, President 2002-2004 and Chair Program Committee 1988-1990)

Mid Pacific Institute (Board of Trustees 1995 - present; Vice-chair 2004 -- ; Board of Counselors 1993-1995; Kawaihao Executive Committee 1984-1985, Planned Giving Committee 1989-1995, PTO Review Task Force Chair, 1986)

Air Force Association, Hawaii Chapter (Director 1993 - 1996)

Cornell University Law Association Executive Committee (1990 - 1993)

Publications

Arrow of Time: Vested Rights and Development Agreements in Hawaii, 27 U. Haw. L. Rev. 17 (2004)