Christopher J.I. Leong
Email: .(JavaScript must be enabled to view this email address)
Phone: (808) 531-8031
Fax: (808) 533-2242

Education

  • University of Hawaii, William S. Richardson School of Law (J.D., cum laude, 2011)
  • Lewis & Clark College (B.A. in Foreign Languages, magna cum laude, 2006)
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    Christopher J.I. Leong

    Christopher J.I. Leong joined the firm in 2014 as an Associate and practices in the Litigation and Alternative Dispute Resolution Practice Group. He graduated cum laude from the University of Hawaii, William S. Richardson School of Law, where he served as Co-Editor-in-Chief of the University of Hawaii Law Review. He received CALI Excellence for the Future Awards for receiving the highest score in his class in International Protection of Human Rights, Pacific Island Legal Systems, and Advanced Constitutional Law. He also earned a Native Hawaiian Law Certificate and a Pacific-Asian Legal Studies Certificate.

    Prior to joining the firm, Christopher served as law clerk to Associate Justice Paula A. Nakayama of the Hawaii Supreme Court. Previous to earning his legal degree, he spent two years in Japan as an assistant language teacher on the Japan Exchange and Teaching (JET) Program. Currently, Christopher volunteers with the Hawaii Speech League, serving as a judge at high school speech and debate tournaments. A member of the debate team at Iolani School, it was Christopher’s knack for public speaking and presentations, together with his zeal for extensive reading, writing and research, which sparked his interest in the legal profession.

    Christopher earned his bachelor’s degree in Foreign Languages, magna cum laude, from Lewis & Clark College. During the course of his undergraduate studies, Christopher studied abroad in China and Japan.


    Professional and Community Affiliations

  • Hawaii State Bar Association
  • American Bar Association
  • Hawaii Speech League (volunteer judge)
  • JET Program Alumni Association of Hawaii
  • Bar Admissions

  • Hawaii
  • U.S. District Court (District of Hawaii)

  • Publications

  • Introduction to Symposium, The Moon Court Era, 33 U. Haw. L. Rev. 439 (2011) (with Lynda L. Arakawa)
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    Clare M. Hanusz
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    Phone: (808) 531-8031
    Fax: (808) 533-2242

    Education

  • University of Hawaii, William S. Richardson School of Law (J.D., 1999)
  • Ohio University, Honors Tutorial College (B.A. Political Science, 1991)
  • Loyola University of Chicago (1986-1988)
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    Clare M. Hanusz

    Clare M. Hanusz joined the Immigration Practice Group at Damon Key in an Of Counsel affiliation in October 2013.

    Born and raised in Ohio, Clare graduated from Ohio University’s Honors Tutorial College and first came to Honolulu in 1995. A desire to advocate for immigrants after working with refugees in Arizona spurred Clare on to pursue a career in immigration law, and she enrolled in the William S. Richardson School of Law in 1996.

    While a first-year student, she was awarded a fellowship from the National Lawyers Guild for a summer internship with the Florence Immigrant and Refugee Rights Project in Florence, Arizona. It was there, in the summer of 1998, that Clare litigated her first deportation case for a Spanish-speaking detainee. Upon returning to Hawaii she continued her work with immigrants, serving on the Board of Directors with Na Loio (now the Hawaii Immigrant Justice Center at Legal Aid) where she also spent a summer as a legal intern.

    After graduating from law school in 1999, Clare worked at Na Loio heading up a Neighbor Island immigration project to bring legal services to immigrants in rural and isolated communities.

    Since then Clare has represented hundreds of individuals before the immigration court, the Board of Immigration Appeals, the Ninth Circuit Court of Appeals and U.S. Citizenship and Immigration Services. She has assisted clients with naturalization, adjustment of status, U visas (for immigrant victims of certain serious crimes) and T visas for victims of human trafficking, as well as consular processing, waivers of inadmissibility, asylum, special immigrant juvenile status, religious worker visas and options for immigrant survivors of domestic violence.

    Clare has also partnered with the American Civil Liberties Union to litigate cutting-edge motions to suppress in immigration court. She is a member of the National Lawyers Guild’s National Immigration Project and the Hawaii chapter of the American Immigration Lawyers Association where she has served as liaison to Immigration and Customs Enforcement and currently serves as the Advocacy Committee co-chair. She is a founding member of the Hawaii Coalition for Immigration Reform and has spoken on immigration issues before many local groups and university classes.

    Clare lives in Honolulu with her husband Nevi, a professor of political science at the University of Hawaii at Manoa, and two children.


    Professional and Community Affiliations

  • Hawaii State Bar Association
  • American Bar Association
  • American Immigration Lawyers Association, Hawaii Chapter
  • National Lawyers Guild, National Immigration Project Member
  • Hawaii Coalition for Immigration Reform
  • Hawaii People’s Fund (former Board Member)
  • Bar Admissions

  • Hawaii (1999)
  • U.S. District Court (District of Hawaii)

  • Madeleine M. V. Young
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    Phone: (808) 531-8031
    Fax: (808) 533-2242

    Education

  • Northwestern University School of Law (J.D., 1998)
  • University of Chicago, The College (B.A., Law, Letters, & Society 1995)
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    Madeleine M. V. Young

    Madeleine M. V. Young is a member of the firm’s Estate Planning Practice Group and focuses on trust and estate litigation.

    Her practice also includes probate, conservatorship, guardianship, and trust administration, and the preparation of estate plans and property conveyances. 

    Prior to joining Damon Key in 2013, Madeleine was an attorney in the Legal Aid Society of Hawaii’s Asset Protection Unit, primarily litigating on behalf of indigent persons in federal court, while also managing a self-help clinic serving Hawaii’s low-income communities and advocating for her clients at the Hawaii State Legislature on consumer protection issues. Madeleine previously practiced at various private law firms in California and Hawaii, and is experienced in complex business disputes. She is licensed to practice before all Hawaii and California courts and the United States District Courts for the District of Hawaii and the Central District of California.

    Madeleine earned her law degree from Northwestern University School of Law in 1998, and received a Bachelor of Arts degree (with general honors) in Law, Letters, & Society from the University of Chicago in 1995. She was born and raised in Hawaii and graduated from Iolani School.  She lives on Oahu’s windward side with her husband, Dr. Steven Minaglia, a urogynecologist and associate professor at the University of Hawaii at Manoa John A. Burns School of Medicine, and their four children.


    Professional and Community Affiliations

  • Hawaii State Bar Association (Member, Probate and Estate Planning Section)
  • State Bar of California
  • American Bar Association (Member, ABA Section of Real Property, Trust and Estate Law)
  • Hawaii Estate Planning Council (Member)
  • Federal Bar Association
  • Hawaii Bankruptcy Bar Association
  • St. Ann Model Schools, Kaneohe, Hawaii –Advisory School Board Member (3-year term beginning 2013)
  • Bar Admissions

  • Hawaii (1998)
  • California (2001)
  • U.S. District Court (District of Hawaii, Central District of California)
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    Judith A. Schevtchuk
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    Phone: (808) 531-8031
    Fax: (808) 533-2242

    Education

  • Indiana University, Mauer School of Law (JD 1974)
  • Indiana University (BA Political Science, 1972)
  • Naval Justice School, Newport, RI (1981)
  • Federal Law Enforcement Training Center (1985)
  • US Army Judge Advocates General’s School, Charlottesville, VA (1986)


  • Judith A. Schevtchuk

    Experienced local attorney Judith A. Schevtchuk has joined Damon Key in an Of Counsel affiliation effective May 1, 2013. She will be continuing her family law practice with the emphasis on military family law and guardianships of keiki and kupuna. 

    Judy Schevtchuk (pronounced SEVT-chuk), advocates mediated and cooperative settlements wherever possible. Judy handles both traditional family law matters and dissolutions of civil unions and other alternative family arrangements for all members of our community regardless of the state where they entered their relationship. She is available for confidential consultations to discuss all aspects of divorce, adoption (domestic, international and step-parent), cohabitation and unmarried parenthood, child custody, the financial support of children and relocation. When part of another Family Court matter, Judy will also advise on domestic abuse restraining order proceedings. She also advises potential clients who want to investigate a guardianship for a special needs child, family member or others with medical or other conditions requiring sensitive arrangements for their personal care and financial support.

    Prior to joining Damon Key, Judy had been a solo family law practitioner in Honolulu (1993-1995 and 1997-2013), was a Deputy Prosecutor and an associate at another Hawaii law firm. Judy retired (2001), as a Commander from the Judge Advocate General’s Corps of the U.S. Naval Reserve. Previously Judy had served on active duty with the U.S. Navy Judge Advocate General’s Corps (JAGC) in Washington, DC and with the 1st Marine Division at Camp Pendleton, California. After active duty, Judy became a civilian Special Agent in what is now the Naval Criminal Investigative Service at Port Hueneme and Point Mugu, California and later at NCIS headquarters in Washington DC. Judy jokes that she served with both “JAG” and “NCIS” before either of those organizations had become popular TV shows.

    Born in Indiana, Judy graduated from Indiana University’s Mauer School of Law at Bloomington and first came to Honolulu in 1989.  Active as a member of the Disciplinary Board of the Hawaii Supreme Court, Judy is also a member of Hawaii Women Lawyers, and the Family Law Sections of both the Hawaii State Bar Association and the American Bar Association.


    Professional and Community Affiliations

  • Hawaii State Bar Association (Family Law Section)
  • American Bar Association (Family Law Section)
  • Hawaii Women Lawyers
  • Bar Admissions

  • Hawaii (1989)
  • Court of Appeals for the Armed Forces (1981)
  • Teaching Experience

  • 1989-Present: Presented lectures/seminars on military and family law and domestic violence to professional groups
  • 1986-1989: Visiting Faculty, Federal Law Enforcement Training Center, Glynco, Georgia
  • 1974-1976: Clinical Instructor, Indiana University, Fort Wayne, IN. Taught introductory police administration courses to classes ranging from 125-140 evening students
  • 1970-1972: Associate Instructor, Indiana University Department of Sociology, Bloomington, IN. Taught seminar sections of basic sociology course to educationally disadvantaged freshmen
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    Kelly Y. Morikone
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    Phone: 808-531-8031
    Fax: 808-533-2242

    Education

  • University of Hawaii William S. Richardson School of Law (JD 2012)
  • University of Hawaii at Manoa (BA Economics 2009)


  • Kelly Y. Morikone

    Kelly Morikone joined the firm an an Associate in 2012 and practices in the firm’s Immigration Practice Group.  She received her law degree from the University of Hawaii William S. Richardson School Of Law, where she served as a member and Associate Articles Editor of the Asian Pacific Law & Policy Journal. 

    During law school, she was a student board treasurer and community board member of the Advocates for Public Interest Law, a Chris Iijima Fellow at the Hawaii Immigrant Justice Center at Legal Aid, and a member of the Phi Delta Phi legal fraternity.  She also clerked with the United States Attorney’s Office for the District of Hawaii, the Executive Office for Immigration Review – Honolulu Immigration Court, and the Appellate Section of the USDOJ’s Office of Immigration Litigation in Washington, DC. 

    Born and raised in Honolulu, Kelly was a valedictorian graduate of Kalani High School and received a Regents Scholarship to attend the University of Hawaii at Manoa, where she obtained her Bachelor’s degree, with honors, in Economics, and a minor in Music. 


    Professional and Community Affiliations

  • Hawaii State Bar Association
  • American Bar Association
  • American Immigration Lawyers Association, Hawaii Chapter
  • Advocates for Public Interest Law (Community Board Treasurer)

  • E. Kumau Pineda-Akiona
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    Phone: 808-531-8031
    Fax: 808-533-2242

    Education

  • University of Hawaii, William S. Richardson School of Law, cum laude (J.D. 2012)
  • University of Hawaii at Manoa (B.S. 2006)
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    E. Kumau Pineda-Akiona

    Kumau Pineda-Akiona joined the firm as an Associate in 2012 and primarily practices in the firm’s Dispute Resolution, Appellate, and Real Estate & Construction Practice Groups.  He received his law degree, cum laude, from the University of Hawaii, William S. Richardson School of Law, where he served as a member of the University of Hawaii Law Review.

    During law school, Kumau received the CALI Excellence for the Future Award in Constitutional Law I, Second Year Seminar, and Legal Practice I.  He was also the recipient of the C. Jepson Garland Memorial Scholarship Award and the University of Hawaii Graduate Division Achievement Scholarship.  In addition, he served as a Judicial Extern to Chief Justice Mark E. Recktenwald of the Supreme Court of Hawaii and the Honorable Michael D. Wilson of the First Circuit Court of Hawaii, and worked as a pro bono legal researcher at the Hawaii State Legislature.  He also competed on the Hispanic Moot Court Team.

    Prior to attending law school, Kumau served as the general manager of a Hawaii-based retailer and manufacturer.  He was raised on Molokai and is a graduate of the Kamehameha Schools at Kapalama.


    Professional and Community Affiliations

  • Hawaii State Bar Association
  • American Bar Association
  • Bar Admissions

  • Hawaii
  • U.S. District Court for the District of Hawaii
  • U.S. Court of Appeals for the Ninth Circuit
  • Publications

  • The Wash of the Waves: How the Stroke of a Pen Recharacterized Accreted Lands as Public Property, University of Hawaii Law Review (forthcoming 2013) & Ka Nu Hou Real Property Section Newsletter (2012)

  • Bethany C.K. Ace
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    Phone: 808-531-8031
    Fax: 808-533-2242

    Education

    • University of Michigan School of Law (JD 2005)
    • University of Michigan (BA with High Distinction in Honors Psychology 2003)

    Bethany C.K. Ace

    Bethany C.K. Ace joined the firm as an Associate in 2012 and practices primarily in real estate and commercial litigation, including appellate practice and dispute resolution. Bethany comes to Damon Key having six years of litigation experience before the Hawaii State Bar and the U.S. District Court for the District of Hawaii, most recently as a litigation associate at the Chun, Kerr, Dodd firm. Bethany is a member of our appellate practice, real estate and construction, and dispute resolution practice groups.

    Examples of her work include:

  • Land use and real estate litigation: Trial and appellate practice in zoning and regulatory takings matters.
  • Real estate transactions: Including covenant enforcement for condominium and housing associations, and preparation of conveyancing documents, advisory opinions.
  • Commercial litigation and appeals: Contract disputes, complex foreclosures.

  • Bethany was born in Honolulu and grew up in Silver Spring, Maryland before obtaining both her undergraduate and law degrees at the University of Michigan. She earned her bachelor’s degree in honors psychology, with high distinction, in April 2003. Throughout her undergraduate career, Bethany was a member of the clarinet section of the Michigan Marching Band and received numerous academic honors including the William J. Branstrom Freshman Prize. She received her Juris Doctorate in 2005, completing her degree in Michigan Law’s accelerated two and one-half year J.D. program and serving as a LexisNexis student representative.

    Bethany is an active member of her community, including church, musical, and alumni organizations. She is also an active member of her legal community, serving as an officer of the HSBA appellate section, member of the Appellate, Litigation, Collections, and Alternative Dispute Resolution sections and as an adjunct professor for Legal Practices II at the William S. Richardson Law School.


    Professional and Community Affiliations

    • American Bar Association
    • Hawaii State Bar Association (Secretary, Appellate Law Section)
    • Federal Bar Association
    • Adjunct Professor of Law, University of Hawaii School of Law (Legal Practices II, Spring 2012)
    • Life Member, University of Michigan Alumni Association
    • Punahou Alumni Pep Band (2010-present)
    • American Judicature Society (2011-present)
    • Arbitrator, Hawaii Court-Annexed Arbitration Program (2011-present)

    Publications & Presentations

    • Contributing author for the 2012 Hawaii Appellate Practice Manual
    • Presenter at 2012 HSBA Convention presentation of the Appellate Law Section: Presentation of the Appellate Manual

    Bar Admissions

  • Hawaii
  • U.S. Supreme Court
  • U.S. Court of Appeals (Ninth Circuit)
  • U.S. District Court (Hawaii)
  • Reported Cases

    • Leone v. County of Maui, 128 Haw. 183, 284 P.3d 956 (Haw. App. 2012)

    Christopher Pan, Associate
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    Phone: (808) 531-8031
    Fax: (808) 533-2242

    Education

    • New York University School of Law (JD 2005)
    • Trinity Evangelical Divinity School, cum laude (MA Theology 2001)
    • Yale University, cum laude (BA Philosophy 1998)

     


    Christopher Pan, Associate

    Christopher Pan practices in the areas of business and commercial law, with experience in business transactions, real estate, employment, intellectual property and estate planning.  Christopher began practicing in 2005 and is licensed in California (inactive) and Hawaii.  He is a member of the firm’s Business and Commercial, Real Estate and Estate Planning Practice Groups. 

    Christopher is a graduate of Yale University, where he received his B.A. in philosophy, cum laude.  Prior to law school, Christopher received an M.A. in theology from Trinity Evangelical Divinity School in Deerfield, Illinois.  Christopher received his law degree from New York University School of Law, where he served as an editor on the NYU Review of Law and Social Change.  During law school, Christopher was a legal intern with International Justice Mission in Mumbai, India, working to combat forced child prostitution.

    Examples of his work include:

  • Business and Commercial Law: Business formation and planning, commercial contracts, mergers and acquisitions, tax planning and compliance, banking and finance, franchise law, administrative and regulatory compliance.
  • Real Estate: Purchase and sale of real property, commercial lease agreements, renewable energy development, land use, zoning and planning.
  • Employment: Human resource matters, employment and non-compete agreements, employee handbooks and employment discrimination.
  • Intellectual Property: Protection of trademarks, trade names, trade dress and copyrights, licensing agreements, e-commerce. 
  • Estate Planning: Estate planning, including wills, revocable living trusts, powers of attorney, advance health care directives and appropriate conveyances of property.

  • Prior to joining Damon Key in 2010, Christopher was a corporate attorney with Davis Polk & Wardwell LLP in Menlo Park, California.  He has extensive experience advising clients in variety of transactions, and has worked on public and private securities offerings, mergers and acquisitions, private equity and venture capital investments, business entity formation, SEC disclosure and corporate governance matters.  He has advised, among other clients, Oracle, E*TRADE, El Paso Electric Company and Callidus Software.  Representative transactions include the initial public offerings for OpenTable, TeleNav and CAI International, bond offerings generating over $10 billion in proceeds for Oracle, and various private equity investments by Richemont International.

    Professional and Community Affiliations

    • First Presbyterian Church of Honolulu at Ko’olau, Elder
    • Best Buddies Oahu, Advisory Board Member, Vice-Chair (2013-2014), Treasurer (2012-2013)
    • Yale Club of Hawaii, Board Member
    • Center for Tomorrow’s Leaders, Advisory Board Member
    • Super Lawyers, Rising Stars –Business/Corporate (2013)
    • HSBA Leadership Institute Fellow (2012)
    • Hawaii State Bar Association
    • American Bar Association
    • State Bar of California
    Diane D. Hastert, Counsel
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Hawaii, William S. Richardson School of Law (J.D. 1978)
    • University of Washington (B.A. Political Science/Education 1966)


    Diane D. Hastert, Counsel

    Listed in The Best Lawyers in America and Super Lawyers, Diane’s practice focuses on complex litigation and dispute resolution.  Prior to joining the firm in 1978, she was an extern to the Honorable Herbert Choy, Circuit Judge, Ninth Circuit Court of Appeals.  Diane is involved in a number of professional and community activities, servicing on the Disciplinary Board of the Hawaii Supreme Court, as a national director of Easter Seals, Inc., as well as a director of Easter Seals Hawaii and the Easter Seals of Hawaii Foundation.  An avid golfer, Diane is married to Mark H. Hastert.  Their daughters, Shanna Kathleen Williams and Hallet Anne Smith, live in Naples, New York and Alexandria, Virginia, respectively.


    Professional and Community Affiliations

    • Adjunct Professor, William S. Richardson School of Law (Appellate Advocacy, 1989)
    • Advisory Committee to the American Institute of Architects/RUDAT (1974-75)
    • Aloha United Way (Director 2005-2008)
    • Alternative Economic Futures for Hawaii (Commerce Task Force 1973-74)
    • American Bar Association (Host Committee 1989)
    • Board of Bar Examiners, Hawaii Supreme Court (1992-present)
    • Civil Justice Reform Act Advisory Committee for the United States District Court for the District of Hawaii (Vice-chair)
    • Citizens’ Advisory Commission to the Capitol District (1973-74)
    • Committee Supporting Federal Judicial Independence (2000-present)
    • Disciplinary Board of the Hawaii Supreme Court (2002-present)
    • Disciplinary Board Hearing Officer (1990-2002)
    • Easter Seals Hawaii (President 1993-95 & Director 1989-2002; 2004-present) (President’s Award 2004, Laulima Award 2003, Chairman’s Award 1993; Chairman’s Award 2004)
    • Easter Seals Hawaii Foundation (Founding Director; President 2001-2003; Chairman 2003-2007; Director 2001-Present)
    • Easter Seals, Inc.National Board of Directors, (2005 - present; National President’s Council Chair, 2007 - present)
    • Federal Magistrate Merit Selection Panels (1987; 1999)
    • Friends of the William S. Richardson School of Law (Director 2004 - present)
    • Goodwill Industries of Hawaii, Inc. (Director 1980-91; Volunteer of the Year 1985)
    • Hawaii Appellate Mediation Program (Mediator 2010 - present)
    • Hawaii Defense Lawyers Association (Director, Secretary/Treasurer 1994-present)
    • Hawaii Institute for Continuing Legal Education (Director, 1987-94)
    • Hawaii Judicial Foresight Congress (1991)
    • Hawaii State Bar Association (Secretary 1987; Director 1985-89)
    • Hawaii Supreme Court Committee on Code of Judicial Conduct (1991-93)
    • Hawaii Supreme Court Committee on Model Rules of Professional Conduct (1989-94)
    • Hawaii Supreme Court Committee on Professionalism (1989)
    • Hawaii Theatre Center (Director 1989-1994)
    • Hawaii Women’s Legal Foundation (1993-present)
    • Hawaiian Humane Society (Director 1995-2002)
    • Junior League of Honolulu
    • League of Women Voters (President 1973-75)
    • Meritas Law Firms World Wide (Founding Director; Vice-Chair 1999-2002)
    • Oahu Traffic Safety Council (1986-90)
    • Oahu Development Conference (1980-86)
    • Ninth Circuit Judicial Conference (Appointed Hawaii Delegate 1985-88; 1997-2000)
    • Ninth Circuit Senior Advisory Selection Panel (Appointee 1988-92)
    • Super Lawyers (2008 - present)
    • The Best Lawyers in America (2000 - present)
    • The Garden Club of America (2005 - present)
    • The Garden Club of Honolulu (Director 2006 - present)
    • United States District Court Judicial Conference (Delegate 1990-2003)
    • United States District Court Local Rules Committee (Appointee 1988-95)
    • United States District Court Panel for Review of Criminal Justice Act Panel Fees & Costs, Lawyer Representative for District, Panel Member (1999-2000)
    • William S. Richardson School of Law Alumni Association (Director 2004 - present)

    Bar Admissions

    • State of Hawaii 1978
    • United States District Court for the District of Hawaii 1978
    • United States Supreme Court 1979
    • United States Court of Appeals for the Ninth Circuit 1979
    • United States Court of Federal Claims 1979

    Kenneth R. Kupchak, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • Cornell University School of Law (J.D. 1971)
    • Pennsylvania State University (B. S. Meteorology 1965)
    • Cornell University (A.B. Chemistry 1964)


    Kenneth R. Kupchak, Director

    Ken is a Fellow in the American College of Construction Lawyers, and has served 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 University of Hawaii’s meteorology 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 assisted 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 received his J.D. with specialization in international law.  For more than 30 years, his practice has centered on all aspects of construction law, from international joint ventures to complex multi-party litigation, to 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.

    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 with colleagues Robert Thomas and Greg Kugle; Damon Key has developed Hawaii’s most recognized land owner land use rights practice as evidenced in their recent University of Hawaii Law Review Article:  “Arrow of Time: Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii.” And Hawaii Supreme Court decisions requiring examinations and pretexts behind condemnation and precluding private rights of action.  He has also won significant reported construction cases under both the Miller Act and the State Procurement Act.  For 10 years, he was a member of the Statewide Advisory Committee for the Coastal Zone Management Program and chaired its agenda committee.

    Ken and Damon Key colleagues Michael A. Yoshida and Anna H. Oshiro, co-authored the Hawaii chapter in the Aspen Construction Series’ two volume Fifty State Construction Lien and Bond Law book, now in its Second Edition.  He and Damon Key colleague Anna H. Oshiro co-authored the Hawaii chapter in The Design/Build Process: A Guide to Licensing and Procurement Requirements in the 50 States and Canada; the Hawaii chapter in the State-By-State Guide to Architect, Engineer and Contractor Licensing; and with Damon Key colleagues Denis C.H. Leong, Michael A. Yoshida, Alan Van Etten and Anna H. Oshiro authored the Hawaii chapter in State-By-State Guide to Construction and Design Law.

    For decades Mr. Kupchak has been 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 and marketing committees and its Dispute Avoidance and Resolution Division.  He also co-chaired its 2001 Annual Meeting in New Orleans.  He has also been a forum plenary session and a workshop speaker.  He has led workshops regarding international arbitration at several annual meetings of the Meritas, the world’s largest affiliation of business and commercial law firms.

    With a practice that centers in complex litigation, international joint ventures, land use 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.
    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.  He has also been recognized in Best Lawyers in Hawaii in construction, mergers and acquisitions, and commercial litigation.

    Mr. Kupchak practices in these areas: business and commercial, construction law, dispute resolution, real estate and land owner’s rights.


    Professional and Community Affiliations

    • Air Force Association, Hawaii Chapter (Director 1993 - 96)
    • Aloha United Way (Executive Committee 1986-87)
    • American Arbitration Association (Panel of Arbitrators and international training faculty)
    • American Bar Association (Governing Committee, Chair.  Membership and Marketing Committees, and Dispute Avoidance and Resolution Division; Annual meeting co-chair, Forum on the Construction Industry)
    • American College of Construction Lawyers, Fellow
    • Cornell Law Association (Executive Committee 1990-93)
    • Dispute Prevention and Resolution (Panel of Arbitrators)
    • Hawaii Community Services Council (Director 1982-88; President 1984-88)
    • Hawaii Commission on Memorials for Veterans of the Korean and Vietnam Conflicts (Chairman 1992)
    • Hawaii Lacrosse Club (co-founder, Director, Secretary)
    • Hawaii Nature Center (Director, 1987-2005, President 2002 – 04; Chair, Program Committee 1988-90)
    • Hawaii State Bar Association (Chair, Law and Population Committee)
    • Honolulu Committee on Foreign Relations
    • International Bar Association
    • Kailua Neighborhood Board (Chair 1976, 1978)
    • Mid Pacific Institute (Board of Trustees 1995 - present; Vice Chair 2004 – present; Assistant Secretary 2002-04; Chair, Education and President’s Evaluation Committees 1998-present; Vice Chair, Board of Counselors 1993-95; Kawaiahao Executive Committee 1984-85; Planned Giving Committee 1989-95; PTO Review Task Force Chair, 1986)
    • Moanalua Gardens Foundation (Trustee 1986-89; Board of Advisers)

    Publications

    • Arrow of Time: Vested Rights, Zoning, Estoppel, and Development Agreements in Hawaii with Robert H. Thomas and Gregory W. Kugle)
    • After Court Ruling, Debate Goes On: Can Landowner Ever Say, “Keep Out”?
    • Native Use Rights to Affect Permits
    • Role of Neighborhood Boards in the Development Plan Process
    • Fifty State Construction: Lien and Bond Law (Aspen Construction Series, 2000) (Hawaii chapter with Michael A. Yoshida and Anna H. Oshiro)
    • The Design/Build Process: A Guide to Licensing and Procurement Requirements in the 50 States and Canada (1992) (Hawaii chapter with Anna H. Oshiro)
    • State-By-State Guide to Architect, Engineer and Contractor Licensing (1998) (Hawaii chapter with Anna H. Oshiro)
    • State-By-State Guide to Construction and Design Law (1998) (Hawaii chapter with Denis C.H. Leong, Michael A. Yoshida, Alan Van Etten, and Anna H. Oshiro)
    • The Legal Setting of Nuclear Powerplant Siting Decisions: A New York State Controversy, 57 Cornell L. Rev. 80 (1971) (with Dorothy Melkin)
    Douglas C. Smith, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Hawaii, William S. Richardson School of Law (J.D. 1990)
    • University of California at Santa Barbara (B.A. Philosophy and Economics 1983)




    Douglas C. Smith, Director

    Doug’s practice emphasizes taxation, estate planning and business planning.  He assists individuals, families and businesses with their legal needs.

    Estate Planning:

    • Preparation of Estate Plans – Prepares and revises estate plans, including Wills, Trusts, Powers of Attorney and Advance Health Care Directives.
    • Estate Administration – Assists with the administration of estates, including probate and non-probate administrations.
    • Tax Planning – Assists with planning for and minimizing estate and gift taxes.
    • Charitable Giving – Assists with planning for charitable gifts, and creation of appropriate legal documents, such as charitable remainder trusts and charitable gift annuities.
    • Dispute Resolution – Represents family members in disputes involving wills, trusts or estates, including alternative dispute resolution (mediation or other settlement or arbitration) and litigation, if necessary.
    • Guardianship – Represents family members in guardianship proceedings, including seeking or disputing appointment of a guardian and assisting with administration issues.

    Business Planning:

    • Formation, Administration and Termination of Businesses – Assists individuals in forming, administering and terminating limited liability companies, corporations and partnerships.
    • Tax Planning – Assists businesses with planning to minimize taxes and to determine the tax effects of activities undertaken.
    • Reorganization – Assists with the reorganization of businesses, both taxable and tax-free.
    • Contracts – Assists businesses with creating or reviewing leases and other contracts affecting the business.
    • Dispute Resolution – Represents businesses and business owners in disputes, including alternative dispute resolution (mediation or other settlement or arbitration) and litigation, if necessary.

    Related Matters:

    • Real Estate – Assists individuals, trusts and business with planning, contracts and disputes related to the purchase or leasing of real property.
    • Conveyancing – Assists with conveying real property.
    • 1031 Exchanges – Assists with planning and document preparation for 1031 exchanges.
    • Premarital Agreements – Prepares and reviews Premarital Agreements.


    Professional and Community Affiliations

    • American Bar Association (Member of Taxation Section, Business Section and Real Property, Probate and Trust Section)
    • American College of Trust and Estate Counsel (Fellow)
    • Beretania Tennis Club
    • Catholic Charities (Committee – Public Policy)
    • Goodwill Industries of Hawaii
    • Hawaii Estate Planning Council (Member)
    • Hawaii State Bar Association (Member and past Chair of Taxation Section, Business Section and Probate and Estate Planning Section)
    • Lanikai Association
    • Ohu Ohu Koolau (Chair)
    • Pacific Club
    • Punahou School

    Publications (Partial Listing)

    • Chapter on Wills, Encyclopedia of Estate Planning, Hawaii State Bar Association (1999, Rev. 2007)
    • Estate Planning Forms Manual (contributor), Hawaii State Bar Association (2000)
    • Financial and Estate Planning Forms Manual, Hawaii Institute for Continuing Legal Education (1995)
    • Hawaii Conservatorship and Guardianship Forms Manual, co-author, Hawaii State Bar Association (2005)
    • Kapiolani Park Preservation Society v. City and County of Honolulu: The Lease of Public Park Land as a Breach of a Charitable Trust, University of Hawaii Law Review, Vol 11 (Fall 1989)
    • A Working Primer on the Hawaii Limited Liability Company Act (with Charles W. Key)

     

    Robert H. Thomas, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    Columbia University School of Law (LL.M. 1995) (Harlan Fiske Stone Scholar)

    University of Hawaii School of Law (J.D. 1987)

    University of Santa Clara (B.S. Commerce 1984)



    LinkedIn profile

    Twitter - @invcondemnation

    Land Use Law blog

    inversecondemnation.com

    inversecondemnation.com

    Robert H. Thomas, Director

    Robert H. Thomas is a land use and appellate lawyer, and focuses on regulatory takings, eminent domain, water rights, and voting rights cases.  He has tried cases and appeals in Hawaii, California, and the federal courts. For a list of reported cases in which he’s been involved, go here.

    Robert received his LLM, with honors, from Columbia Law School where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law where he served as editor of the Law Review. Robert taught law at the University of Santa Clara School of Law, and was an exam grader and screener for the California Committee of Bar Examiners.

    He currently serves as the Chair of the Eminent Domain Law Committee of the American Bar Association’s Section on State & Local Government Law.

    He is the Hawaii member of Owners’ Counsel of America, a national network of the most experienced eminent domain and property rights lawyers. Membership in OCA is by invitation only, and is limited to a single attorney from each state. He is also the Co-Planning Chair (with Joe Waldo, of Virginia) of the American Law Institute-Continuing Legal Education’s annual program on condemnation law, Eminent Domain and Land Valuation Litigation. Robert is also the Managing Attorney for the Pacific Legal Foundation Hawaii Center, a non-profit legal foundation dedicated to protecting property rights and individual liberties. He is listed in Best Lawyers in Eminent Domain and Condemnation Law, and Land Use & Zoning Law, and in Super Lawyers in Appellate Law, Land Use/Zoning, and Government/Cities/Municipalities.

    He is also a frequent speaker on land use and eminent domain issues in Hawaii and nationwide. For a list of upcoming events and speaking engagements, go here.

    Robert regularly publishes scholarly and practical articles in his area of practice. For a complete list, go here.

    His blog on land use, property, and takings law, inversecondemnation.com, is one of the most widely-read blogs on those subjects.


    Professional and Community Affiliations

    • American Bar Association - Chair, Condemnation Law Committee (Section of State & Local Government Law); Council of Appellate Lawyers; Litigation Section, Committee on Condemnation, Zoning and Land use (Hawaii editor, Case Notes)
    • State Bar of California
    • Hawaii State Bar Association
    • Bar Admissions

    • California
    • Hawaii
    • U.S. Supreme Court
    • U.S. Court of Appeals (Ninth and Federal Circuits)
    • U.S. District Court (Hawaii and Northern District of California)
    • U.S. Court of Federal Claims, U.S. Tax Court


    Mark M. Murakami, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Hawaii, William S. Richardson School of Law (J.D. 1999)
    • U.S. Coast Guard Academy (B.S. 1992)



    Mark M. Murakami, Director

    Mark Murakami practices in the firm’s Dispute Resolution and Real Estate and Construction practice groups.  Mark was the Valedictorian of the Class of 1999 from the William S. Richardson School of Law at the University of Hawaii where he served as Articles Editor of the University of Hawaii Law Review.  He has received numerous academic awards, including: Dean’s Scholar, Porter Scholastic Award (2 times); Awards for highest grade in Property I, Torts I, Contracts I, Corporations, and Professional Responsibility; Kono Award for Academic Achievement; Phi Delta Phi Professional Responsibility Award; HSBA Real Property and Financial Services Section Award.

    Mark is a graduate of the U.S. Coast Guard Academy in New London, Connecticut.  He served for 13 years on active duty before joining the U.S. Coast Guard Reserve in 2005.  During his time on active duty, he served on three different Coast Guard cutters, including command of a patrol boat in California.  Twice nominated for the American Bar Association’s Military Lawyer of the Year Award, he spent four years assigned to the Fourteenth Coast Guard District Legal Office prosecuting courts-martial, litigating cases in federal court as a Special Assistant U.S. Attorney and advising Coast Guard officials on maritime, criminal, environmental and international law issues.  He has been awarded two Coast Guard Commendation Medals and four Coast Guard Achievement Medals.

    Mark was born on Maui and raised in Kailua, Oahu.  He is a graduate of Kailua High School and was active in the Castle Performing Arts Center.  He is married to Kimberly A. Murakami, has one son, Tyler, and one daughter, Kyra.

    At Damon Key, Mark focuses on complex commercial disputes, land use negotiation and litigation, environmental and general civil litigation.  He has appeared in all state and federal courts in Hawaii, most of the administrative boards and commissions, and is licensed in the U.S. Supreme Court and Court of Claims. 

    Mark authors a blog focused on maritime law, in and around Hawaii and Oceania, http://www.hawaiioceanlaw.com.  He was recently promoted to the rank of Commander in the U.S. Coast Guard Reserve.

    Highlights of his experience:

    Land Use Litigation:

    • Represent property owners, citizens and businesses in suits against governmental entities in land use and environmental area. 
    • Represent property owners in condemnation, exactions and entitlement disputes.
    • Represent transient vacation rental operators resolve disputes with governments and neighbors.

    Trust and Probate Litigation:

    • Represent trustees, personal representatives and beneficiaries in litigation involving will contests, trust disputes, trustee malfeasance, undue influence and estate administration.
    • Represented a personal representative in a trial defending the estate from claims brought by disinherited heir, obtained verdict for personal representative.
    • Represented two beneficiaries of a trust in proceedings brought by a disgruntled beneficiary against an institutional trustee.

    Commercial Litigation:

    • Represents businesses and landowners in complex commercial litigation, insurance coverage suits, land use and environmental lawsuits, and admiralty cargo damage actions.

    General Litigation:

    • Defend business and individuals being sued in Hawaii courts for various breaches of contract and torts.
    • Represents persons injured in maritime or boating accidents.

    Business Advice:

    • Assist businesses by providing legal advice on various corporate matters, including contract and lease issues, governmental affairs, insurance, litigation, land use and environmental issues.
    • Advise clients about federal and state regulation of ocean waters, Coast Guard documentation laws, vessel ownership and operations.

    U.S. Coast Guard Experience:

    • Six (6) years as a line officer on Coast Guard Cutters involved with law enforcement, immigration, search and rescue and aides to navigation.
    • As Special Assistant U.S. Attorney, led investigation and preliminary prosecution of Chinese cook suspected of murdering Captain and First Mate on Taiwanese fishing vessel.
    • Directed investigation into several felony cases, including Clean Water Act, assault and narcotics.
    • Attorney-advisor on several post 9/11 security issues, including Trading with the Enemy Act, Magnuson Act and Patriot Act.

    Representative Cases:

    • Guggenheim v. City of Goleta, Supreme Court Docket No. 10-1125, Cert Denied (2011) (Amicus Brief)
    • United States v. Tohono O’odham Nation, 131 S. Ct. 1723, (2011) (Amicus Brief)
    • County of Hawaii v. Coupe Family Limited Partnership, Supreme Court Docket No. 11-75 (on Cert Petition)
    • Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al. 130 S. Ct. 2592 (2010) (Amicus Brief)
    • County of Hawaii v. Coupe Family Limited Partnership, 124 Haw. 281 (2010) (On Briefs)
    • County of Hawaii v. Coupe Family Limited Partnership, 120 Haw. 400 (2009) (On Briefs)
    • Winter v. NRDC, 129 S. Ct. 365 (2008) (Amicus Brief)
    • County of Hawaii v. C&J Coupe Family Limited Partnership, 129 Haw. 281 (2010)
    • County of Hawaii v. Coupe Family Limited Partnership, 119 Haw. 352 (2008) (Trial Counsel and on Briefs)
    • UFO Chuting v. Thielen, Supreme Court Docket No. 07-1427, (2008) (Amicus Brief on Cert Petition)
    • MVRA v. County of Maui, Ninth Circuit Court of Appeals (Unpublished Decision) (2008) (On Brief)
    • U.S. v. Lei Shi, 525 F. 3d 709 (9th Cir. 2007, Cert Denied (Agency Counsel)

    Professional and Community Affiliations

    • American Inn of Court – Aloha Chapter (1997-2003)
    • American Bar Association
    • The Army Navy Club
    • Domestic Violence Clearinghouse and Legal Hotline Board (2000-2003)
    • Good Beginnings Alliance, Board Member (2011 )
    • Hawaii State Bar Association – Admiralty Section (Co-Chair)
    • Hawaii State Bar Association – Professionals for Drug-Free Kids Instructor (2005)
    • Habitat for Humanity (2005)
    • Maritime Law Association of the United States
    • Legal Aid Society of Hawaii – Capital Campaign Committee
    • United States Coast Guard Academy Alumni Association
    • United States Naval Institute

    Publications

    • Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010) (with Robert H. Thomas and Tred Eyerly)
    • Laws Can Play Critical Role in Fighting Piracy, Pacific Business News, May 1, 2009
    • Co-author, Justice Ruth Bader Ginsburg and Gender Discrimination, 20 Hawaii Law Rev. 699 (1998)
    • Co-author, Op-Ed, Ruling Preserves Navy Strength in Defense, Honolulu Advertiser, December 4, 2008.
    • Author, From Details to Concepts: The New Development Plans, published in the HSBA Real Estate Section Newsletter (1998)
    • Blog: http://www.hawaiioceanlaw.com

    Presentations

    • Co-Panelist, University of Hawaii Law School, Professional Responsibility, February 8, 2012
    • Lecturer, Policy and Strategy of National Committee for Maritime Security, May 24 – 26, 2011
    • Guest Lecturer, Domestic Ocean Law, U.H. Law School, March 19, 2009
    • Panelist, Professional Responsibility, U.H. Law School, March 16, 2009
    • Rotary Club, Windward Oahu Chapter, Winter and Sonar, March 12, 2009
    • Lorman Seminar, Advanced Land Use, February 29, 2009
    • Lorman Seminar, Costal Equity and Land Use, August 19, 2008
    • Lorman Seminar, Advanced Zoning and Land Use, February 20, 2008

     

    James C. McWhinnie, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • DePaul University College of Law (J.D. Cum Laude January 1983)
    • University of Hawaii at Manoa (M.B.A. Program 1977-79)
    • St. Mary’s University of Minnesota (B.A. Cum Laude, Psychology and Political Science 1975)


    James C. McWhinnie, Director

    Once again, Jim has been selected by his peers to be included in The Best Lawyers in America and Super Lawyers in the area of Commercial Litigation.  He has also been rated “AV” (the highest available rating) by Martindale-Hubbell for more than fifteen (15) years, and is a member of The Million Dollar Advocates Forum (attorneys who have won million and multi-million dollar cases).  His legal practice emphasizes civil litigation, and he chairs the firm’s Litigation Practice Group.  As a director of the firm, he is responsible for substantial commercial, product liability, construction, environmental, and personal injury cases.  He also has extensive experience in all aspects of alternative dispute resolution, having acted as an advocate, arbitrator and mediator.  Jim chairs the firm’s practice management committee and serves on its Executive, Marketing, and other committees.

    Jim was Secretary of the Hawaii State Bar Association (“HSBA”) in 2004.  He has also been a member of the HSBA’s Judicial Administration Committee, having been its co-chair for four years (1997-98, 2001 and 2002).  In addition, Jim has served on the HSBA’s Fee Dispute Committee, been a member of the Alternative Dispute Resolution Section, and co-founded the HSBA’s Lawyer Kokua Program, which was developed to assist new members of the Hawaii Bar.  In 2000, Jim was appointed by then Chief Judge David A. Ezra to the Merit Selection Panel for United States Magistrate Judge for the United States District Court for the District of Hawaii.  In 2012, Jim was appointed to be a Delegate at the United States District Court Conferences by Chief Judge Susan Oki Mollway.

    Since being first appointed in 1998 by Chief Justice Ronald T.Y. Moon, Jim continues to serve on the Hawaii Supreme Court’s Special Committee on Judicial Performance, which was created pursuant to Hawaii Supreme Court Rule 19. The “Rule 19 Committee’s” purposes include improving individual judges’ performance, providing a source of information for application and retention decisions by the Judicial Selection Commission, facilitating the Chief Justice’s assignment and use of judges, improving the design and content of judicial education programs, and assisting the Chief Justice in administering the judiciary. From 1989 to 1992, Jim served as a delegate to the Hawaii State Judicial Conference.

    Prior to attending law school, Jim managed several restaurants in Waikiki while attending graduate school in the University of Hawaii’s Masters in Business Administration program. Before joining Damon Key as a director in 1989, he was a litigation partner in the Honolulu law firm of Rother, Bybee, Chang and Rulon.

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    Professional and Community Affiliations

    • Martindale-Hubbell - AV Preeminent Peer Review Rating
    • Best Lawyers in America – Commercial Litigation
    • Super Lawyers – Commercial Litigation
    • The Million Dollar Advocates Forum (trial attorneys who have won million and multi-million dollar cases)
    • Hawaii Supreme Court – Special Committee on Judicial Performance (2013-2016)
    • Hawaii State Bar Association, Secretary and Director (2004)
    • Hawaii State Bar Association, Co-Chairman, Judicial Administration Committee (1997-98, 2001, and 2002), Fee Dispute Committee, Lawyer Kokua Program (Co-Founder), Alternative Dispute Resolution Section, Litigation Section
    • Hawaii State Judicial Conference (Delegate – 1989-92)
    • American Arbitration Association (Commercial Arbitration Panel)
    • American Bar Association
    • Hawaii Defense Lawyers Association
    • Honolulu Jaycees (1977-79)
    • Meritas, Vice Chair (2007–10); Director (2005–08); Chairman – Finance Committee (2007-10); 2011 Grahovac Award Recipient; Adhoc Governance Committee, Bylaws and Policies Task Force (2012)
    • Oahu Country Club - President (2006-07); 1st Vice President (2005-06); 2nd Vice President (2004-05); Director (2004-07); Grounds Committee (2003-05, 2011-12); Vice-Chair (2003-04); Chair (2004-05)
    • St. Anthony’s School, Kailua, HI - School Board (1996-2005); Vice-Chair (1997-99); Chair (2000-05)
    • State of Hawaii, Court Annexed Arbitration Program (Arbitrator)

    Publications

    • Insurance Law: Third Party Coverage in Hawaii, (NBI February 2000), Co-author
    • 10 Commandments for a Good Witness
    • The Internet and the Law
    • Year 2000 Litigation & Insurance Issues
    David P. McCauley, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Hawaii, Manoa (B.A. Chinese and Asian Studies 1963)
    • B.F.A. Fine Arts/Ceramics and Art History 1975
    • M.A. English as a Second Language/Linguistics 1977
    • University of Hawaii, William S. Richardson School of Law (J.D. 1993)


    David P. McCauley, Director

    Before his law career, David was a linguistic analyst for Malayo-Polynesian languages and a staff linguist for several Peace Corps projects. He was a member of the first group of East-West Center Grantees, and has studied Mandarin Chinese and other Asian and Pacific languages.  After his graduate studies, he studied Dutch and French in Europe. David taught English as a Second Language, English Composition, and Public Speaking for several years in University and Adult Education programs, and aboard U.S. Navy ships at sea. Prior to law school, he operated a successful landscaping business in Hawaii.

    While completing law school, he was a summer clerk for Judge Marie N. Milks of the First Circuit and a volunteer in Hawaii Lawyers Care. He was also Captain of the University of Hawaii Law School’s 1993 Jessup International Law Moot Court team which won the U.S. National Championship and was Runner-up in the International Competition. David won the International First Place in the individual oralist awards. He has continued to coach subsequent UH Jessup Moot Court teams to successive regional championships and international awards for legal briefs and oral advocacy.

    A former litigator, David is now the head of the firm’s Immigration Law Section.  His practice includes Immigrant and Nonimmigrant Visas and Consular Practice, U.S. Citizenship, Family-based and Business-based Lawful Permanent Residence (“Green Cards”), Deportation Defense, Asylum, and Administrative Appeals (BIA, AAO and BALCA) and Federal Court litigation.

    He has prosecuted several successful federal court immigration appeals and petitions for review, including the published decision in Tan v. INS, 931 F. Supp. 725 (D. Hawaii 1996). That case held that where provisions of the Immigration and Nationality Act require a person to show good moral character during a statutorily prescribed minimum period in order to obtain immigration benefits or relief (in Mr. Tan’s case, naturalization), the INS cannot rely on events which occurred prior to that minimum period to establish a lack of good moral character.  His most recent such case is Cacho v. INS, 325 F.Supp.2d 1140 (D. Hawaii 2004).  He has published articles in U.S. Immigration law in, among others, The Construction Lawyer and the American Immigration Lawyers Association Immigration & Nationality Handbook.


    Professional and Community Affiliations

    • American Bar Association (International Law Section)
    • American Immigration Lawyers Association
    • East-West Center Association
    • Hawaii State Bar Association (International Law Section)
    • Hawaii Super Lawyers - Immigration
    • Hawaiian Kennel Club
    • Lyon Arboretum Association
    • Pacific and Asian Affairs Council
    Michael A. Yoshida, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Hawaii, William S. Richardson School of Law (J.D. 1979)
    • University of Hawaii at Manoa (B.Ed. 1976)

    Michael A. Yoshida, Director

    Following graduation from law school, Michael served as a law clerk to the Honorable Jon J. Chinen, United States Bankruptcy Judge for the District of Hawaii.  Since joining the firm in 1980, he has continued to use his expertise in bankruptcy law, the main emphasis of his practice.  Michael also practices in the areas of bankruptcy & creditor’s rights, business & commercial, dispute resolution, and real estate & land use.  In 1992, he and DKLKH colleague, Kenneth Kupchak, co-authored the Hawaii chapter in the Wiley Construction Series’ two volume Fifty State Construction Lien and Bond Law book.

    Michael is the Vice-President of the firm and is the chairperson of the firm’s Executive Committee.

    • Bankruptcy:  Successfully represented creditors in Chapter 11 bankruptcy cases in Hawaii involving more than 1 billion dollars in claims.  Represented creditors and receivers in state court actions involving numerous creditors, substantial claims and assets.
    • Business and Commercial:  Represented sellers and purchasers in transactions involving the sale and acquisition of businesses.  Advised businesses on various issues relating to its operations, rights, remedies and obligations.
    • Real Estate/Land Use:  Represented sellers and purchasers in the acquisition of large parcels of real estate and several hotels in the State of Hawaii.  Represented land owners in disputes relating to boundaries, eminent domain, quiet title and title issues.
    • Dispute Resolution:  Represented parties in arbitrations and numerous mediation proceedings involving construction disputes, rent and lease default issues.

    Professional and Community Affiliations

    • American Bar Association (Bankruptcy Section)
    • Hawaii State Bar Association (Corporation and Securities; Bankruptcy; and Real Property sections)
    • Hawaii Swimming Board of Review
    • Honolulu Japanese Chamber of Commerce
    • Koko Head Skeet Club (Director)
    • Mid Pacific Country Club (Member since 1990; Disciplinary Committee 1995-1999; Legal Committee 2000-2004; By-Laws Committee 1995-2001; Chairperson 1996-2001)
    • United States Bankruptcy Court for the District of Hawaii (Local Rules Committee)

    Publication

    Fifty State Construction Lien and Bond Law (Wiley Construction Series, 1992) (with Kenneth R. Kupchak)

    Denis C.H. Leong, Counsel
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • George Washington University, The National Law Center (J.D. 1966)
    • Oregon State University (B.S. 1963)
    • Punahou School (1959)

    Denis C.H. Leong, Counsel

    Prior to joining the firm in 1969, he served as City and County of Honolulu, Deputy Corporation Counsel and as Deputy Attorney General for the State of Hawaii.  His practice emphasizes business and commercial transactions, real estate, financial institutions, and creditor’s rights.


    Professional and Community Affiliations

    • American Bar Association (Law Practice Management Section)
    • Hawaii State Bar Association (Alternative Dispute Resolution Section, Real Property and Financial Services Section, and Collections Law Section)
    • Phi Delta Phi
    • Phi Kappa Sigma
    • Punahou O-Men’s Club
    • Waialae Country Club (Previously Director and President)
    Gregory W. Kugle, Director
    Email: .(JavaScript must be enabled to view this email address)
    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Hawaii, William S. Richardson School of Law (J.D. 1995)
    • Southern Methodist University, Edwin L. Cox School of Business (B.B.A. Finance, Honors in the Liberal Arts 1989)
    • Punahou School (1985)



    Gregory W. Kugle, Director

    Greg Kugle concentrates his practice in the area of litigation.  He works in the areas of commercial disputes and business litigation, construction, land use and real estate, antitrust, product liability and personal injury, aviation, bankruptcy, admiralty and insurance coverage.  He has litigated cases before the Hawaii District and Circuit Courts, the Hawaii Bankruptcy Court and United States District Court, and has handled appeals before the Hawaii Intermediate Court of Appeals, the Hawaii Supreme Court and the Ninth Circuit Court of Appeals. Some examples of his work include:

    Land Use Litigation:
    Successfully litigated inverse condemnation and vested rights claims of property owners against State and local governments. Obtained summary judgment establishing the right of the property owners in East Honolulu to receive just compensation from the City following the illegal down zoning of the property. Obtained summary judgment dismissing challenges to the use of agricultural land on Molokai for open area recreational uses. Obtained dismissal of a suit to enforce transient vacation rental restrictions against property owners.  Represented property owners in eminent domain proceedings initiated by the State and by the counties. Represented oceanfront landowners on Maui, Oahu, Kauai and Molokai with respect to shoreline certification, shoreline setback, seawall and fish pond issues. Defended property owners in enforcement actions by State and local zoning enforcement authorities concerning clean water, grubbing, grading, and building and zoning code violations.  Represented clients before numerous governmental agencies including the Board of Land and Natural Resources, the Land Use Commission, Zoning Boards of Appeal, Planning Commissions, Department of Planning and Permitting, State Historic Preservation Division, and other land use agencies. 

    Construction:
    Represented owners, general contractors, subcontractors, suppliers and design professionals in all manner of construction litigation and arbitration, from mechanics’ liens, to construction defects, to delay claims, to construction site injury claims. Successfully defended the original designer of the Koror Bridge in Palau, which after more than 20 years of service collapsed into the ocean just months after a new design team completed an extensive retrofit. Litigated and arbitrated construction disputes on such projects as the First Hawaiian Tower, Lowe’s at Kona, Discovery Bay, One Archer Lane, and the Waikiki Duty Free Shop.

    Real Estate:
    Represented buyers and sellers in litigation and arbitration arising out of purchase and sale transactions, and handled boundary, easement, covenant and restriction, and adverse possession cases. Represented landlords and tenants in both commercial and residential landlord-tenant disputes.  Advised and represented property owners and industry organizations regarding short-term and transient vacation rentals, and defended property owners from claims of transient vacation rental violations by private parties and county enforcement agencies.

    Commercial and Business Disputes:
    Successfully prosecuted and defended litigation and arbitration, as well as mediation, of all manner of commercial and business disputes, representing clients as large Fortune 500 companies and as small as sole proprietors, and involving issues from complex accounting and tax issues, non-competition clauses, unfair competition and trade practices, intellectual property disputes (trademark, tradename, copyright and patent litigation), to simple failure to pay or perform.

    Aviation:
    Defended aircraft (both helicopter and airplane) owners and operators, as well as maintenance providers, in fatal aviation crash cases arising on all major Hawaiian Islands, including those involving pilot error and mechanical failure. Litigated cases involving operations under FAR parts 91 and 135. Prosecuted claims against equipment manufacturers and maintenance providers. Litigated claims involving aviation fuel suppliers, airport access, cargo damage and aviation-related employment.

    Personal Injury:
    Represented defendants in product liability, premises liability, aviation, industrial and other personal injury claims. Represented plaintiffs in dram shop, motor vehicle accident, and intentional tort cases.

    Antitrust:
    Successfully defended large software company in state court class action monopoly and tying claims, including on appeal to the Hawaii Supreme Court. Litigated and counseled clients concerning monopoly, unfair competition, restraint of trade and unfair and deceptive practices issues.

    Bankruptcy and Creditors Rights:
    Represented large aircraft lessor in the Hawaiian Airlines and Aloha Airlines bankruptcies. Represented creditors, trustees and professionals in many of the larger Chapter 11 and 7 cases in Hawaii. Counseled and defended Hawaii-based clients in preference actions filed in the American Classic Voyages and IT Group bankruptcies in Delaware.

    Admiralty and Maritime:
    Successfully litigated ocean freight claims for major ocean carriers serving Hawaii in the domestic and international trade. Obtained summary judgment in excess of $1.5 million for unpaid ocean freight against a nationwide food distributor. Defended cargo damage claims against ocean and air carriers. Litigated maritime lien claims for the provision of necessaries to vessels.

    Employment Litigation:
    Represented employers in discrimination, harassment and wrongful termination claims, including EEOC and Hawaii Civil Rights Commission claims.  Conducted anti-harassment and anti-discrimination training. Investigated claims by employees.

    Insurance Coverage:
    Prosecuted and defended insurance coverage claims, representing both insurers and insured’s, involving Fidelity, E&O, CGL, Homeowners, and Excess policies.  Conducted coverage investigations for insurance carriers.

    Native Hawaiian Rights:
    Represented property owners in cases concerning claims of access, burial, hunting, gathering and cultural practices, and involving sites listed on the State and Federal Registers of Historic Places.


    Professional and Community Affiliations

      ● American Bar Association
          o Litigation Section
          o Condemnation, Zoning and Land Use Committee
          o Construction Industry Forum
          o Antitrust Law Section
          o Labor and Employment Section
      ● Certified Commercial Investment Member, Hawaii Chapter
          o Board of Directors (2007-2009)
          o Co-Chair Sponsorship Committee (2007-2009)
          o Chair Membership Committee (2008)
      ● Hawaii State Bar Association
          o Real Property and Financial Services Section
              o Director (2005-2009)
              o Secretary (2006)
              o Treasurer (2007)
              o Vice Chair (2008)
              o Chair (2009)
          o Natural Resources Section
          o Admiralty Section
          o Bankruptcy Section
          o Labor and Employment Section
      ● Honolulu Theater for Youth
          o Board of Trustees (1997-2000)
          o Nominating Committee (1998-1999)
          o Secretary and Executive Committee (1999-2000)
      ● Kailua United Methodist Church
          o Chairman, Council of Ministries (1997-2000)
          o Administrative Board (1997-2000)
          o Board of Trustees (2000-2008)
          o Chairman, Board of Trustees (2007)
      ● Meritas Law Firms Worldwide (Leadership Institute 2006-2007; Business Development Committee 2008-2009; Board of Directors 2012-2014, Finance Committee)
      ● Urban Land Institute, Hawaii District (2002-2009)
      ● United States District Court Conference – Lawyer delegate (2009 – 2012)
      ● HSBA Bench/Bar Conference 2012

    Representative Reported Cases
      ● Hawaii Appellate Courts
          o Hindman v. Microsoft Corporation, 2004 Haw. LEXIS 311 (Haw. 2004)
          o Pono v. Molokai Ranch, Ltd., 119 Hawai’i 164 (Haw. App. 2008), cert. den. 2008 Haw. LEXIS 304 (Haw. 2008)
          o Unite Here! Local 5 v. City and County of Honolulu, 123 Hawai’i 150 (Haw.2010)
          o Pavsek v. Sandvold, 127 Hawai’i 390 (App 2012)
      ● Federal And Bankruptcy Courts
          o Employers Ins. of Wausau v. Price Aircraft Co., LLC, 283 F.Supp.2d 1144 (D. Haw. 2003)
          o Field v. Levin, 2011 U.S. Dist. LEXIS 87745 (D. Haw. Aug. 8, 2011)
          o Lindsey v. CUNA Mutual Ins. Soc., 2010 U.S. Dist. LEXIS 116250 (D. Haw. Oct. 29, 2010)
          o Lum v. Go Wireless, Inc., 2011 U.S. Dist. LEXIS 146565 (D. Haw. Dec. 20, 2011)
          o Shultz & Tamm v. Brown, 2012 Bankr. LEXIS 380
          o Simms v. University Health Alliance, 2010 U.S. Dist. LEXIS 41307 (D. Haw. April 27, 2010)

    Speakers/Authors

    • Advanced Zoning And Land Use In Hawaii, January 17, 2007, Lorman Educational Services
    • Advanced Zoning And Land Use In Hawaii, January 24, 2006, Lorman Educational Services
    • Advanced Zoning And Land Use In Hawaii, January 27, 2005, Lorman Educational Services
    • Advanced Zoning And Land Use In Hawaii, January 29, 2004, Lorman Educational Services
    • Arrow of Time: Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii, 27 University of Hawaii Law Review, 1 (2004)
    • Construction Claims In Hawaii, October 6, 2006, Lorman Educational Services
    • Construction Claims In Hawaii, August 12, 2005, Lorman Educational Services
    • Construction Claims In Hawaii, October 7, 2004, Lorman Educational Services
    • Construction Claims In Hawaii, October 10, 2003, Lorman Educational Services
    • Construction Claims In Hawaii, October 9, 2002, Lorman Educational Services
    • Construction Claims In Hawaii, October 19, 2001, Lorman Educational Services
    • Creative Strategies For Construction Risk Allocation, July 30, 2003, Lorman Educational Services
    • Creative Strategies For Construction Risk Allocation, July 16, 2002, Lorman Educational Services
    • Creative Strategies For Construction Risk Allocation, May 30, 2001, Lorman Educational Services
    • Debate, Mitigate or Wait: Addressing Unexpected Archeological Features On The Construction Site, April 25, 2008, ABA Forum on the Construction Industry (speaker and author)
    • Hawaii Water Law, January 11, 2012, The Seminar Group
    • Labor And Employment Seminar: Reducing Risks Of Employment Lawsuits, June 20, 2002
    • Land Use Law Update, September 25, 2002, National Business Institute
    • Lien and Bond Claims in the 50 States, American Subcontractors Association, Hawaii Chapter 2012
    • Major Land Use Laws In Hawaii, March 11, 2003, National Business Institute
    • Preventing Website Legal Problems, August 21, 2001, Chamber of Commerce of Hawaii
    • Preventing e-Commerce Legal Problems, September 26, 2000, Chamber of Commerce of Hawaii
    • Zoning and Land Use In Hawaii, May 20, 2005, Lorman Educational Services
    • Zoning and Land Use In Hawaii, May 20, 2004, Lorman Educational Services
    • Zoning And Land Use In Hawaii, May 20, 2003, Lorman Educational Services
    • Zoning, Subdivision and Land Development Law in Hawaii, February 20, 2009, Lorman Educational Services
    Anna H. Oshiro, Director
    Email: .(JavaScript must be enabled to view this email address)
    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of California, Hastings College of Law (J.D. 1991)
    • University of Hawaii at Manoa (B.A. 1987)


    Anna H. Oshiro, Director

    Anna is in Damon Key’s Dispute Resolution and Real Estate and Construction practice areas.  As a director of the firm, her main focus is construction law and commercial litigation.  She has represented construction organizations, developers, owners, contractors, subcontractors, suppliers and design professionals in reviewing and drafting construction contracts, as well as in all forums of dispute resolution, including extensive arbitration and administrative hearings, and appeals. 

    She is a member of the ABA Forum on the Construction Industry, where she served as a member of the Division 1 Dispute Resolution Steering Committee, and is currently a Contributing Editor and author of the Hard Hat Case Notes for the Construction Lawyer, a construction law publication for the ABA Forum on the Construction Industry.  She has written extensively on construction law topics, including contributions as a co-author to many national books, including the State Public Construction Law Source Book, (CCH, 2002); State-By-State Guide to Architect, Engineer and Contractor Licensing (Aspen Law & Business, 1999), A State-By-State Guide to Construction and Design Law (ABA 1998); Fifty State Construction Lien and Bond Law (Aspen Law & Business 2000); and The Design/Build Process: A Guide to Licensing and Procurement Requirements in the 50 States and Canada (ABA 1997).  She co-authored the Construction Contracts chapter of the Hawaii Real Estate Manual, and has also written articles for various construction publications, including the Construction Lawyer and Reeves Journal. 

    She has also spoken at numerous seminars on construction law, including seminars on construction, procurement and/or design law for entities including ACEC Hawaii, CFMA Hawaii, Lorman Education Services, National Business Institute, and has spoken twice at national meetings for the ABA Forum on the Construction Industry, on Cost Plus Construction Contracts, and Extended Surety Bonds for Highway Construction.

    Prior to joining the firm in 1992, Anna worked for the Hawaii Supreme Court as a clerk for Justice Ronald Moon.  She graduated from University of California’s Hastings College of the Law, where she served as a member and then note editor of the Hastings Communication and Entertainment Law Journal. 


    Professional and Community Affiliations

    • American Bar Association
    • American Bar Association’s Forum on Construction Industry
    • Hawaii State Bar Association

    Publications

    • A State-By State Guide To Construction And Design Law (ABA 1998)
    • Changes in Hawaii Law Affect Timing, Notice Requirements (Reeves Journal, June 2000)
    • Fifty State Construction Lien and Bond Law (Aspen Law & Business 2000)
    • State-By-State Guide to Architect, Engineer and Contractor Licensing (Aspen Law & Business 1999)
    • The Design/Build Process: A Guide to Licensing and Procurement Requirements in the 50 States and Canada (1992) (with Kenneth R. Kupchak, ABA 1997)
    Caron N. Ikeda, Associate
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Denver, Graduate Tax Program, LL.M., 2007
    • University of Denver, Sturm College of Law, J.D., 2006
    • University of Hawaii at Manoa, Bachelor of Business Administration in Finance, BBA, 2003

     


    Caron N. Ikeda, Associate

    Caron N. Ikeda received her law degree from the University of Denver, Sturm College of Law in 2006 and her Master of Laws in Taxation from the University of Denver, Graduate Tax Program in 2007. 

    She is a former First Circuit Court law clerk.  Her practice concentrates in the areas of estate planning and tax law.

    Caron grew up on the Big Island and is a graduate of Konawaena High School.  She attended the University of Hawaii at Manoa and received her Bachelor of Business Administration in Finance in 2003.


    Professional and Community Affiliations

    • American Bar Association
    • Hawaii State Bar Association, Elder Law Section (Chair, 2012); Tax Section (Chair, 2013)
    • Hawaii Estate Planning Council, Director
    • Honolulu Japanese Chamber of Commerce
    • Manoa Waioli Lions Club
    • Hawaii 4-H Alumni Association
    • Project Dana (Volunteer)
    Tred R. Eyerly, Of Counsel
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • B.A., University of the Pacific (1973) J.D.
    • San Francisco Law School (1979)

    Tred R. Eyerly, Of Counsel

    Tred Eyerly has accumulated a wide variety of litigation skills, having practiced in Alaska, the Commonwealth of the Northern Mariana Islands, and now Hawaii.  Tred started his career working for Alaska Legal Services in bush Alaska before moving to Anchorage, working primarily with Alaska Natives on subsistence, sovereignty, and land entitlement issues throughout the state.  He then worked for Micronesian Legal Services on Saipan, representing under-privileged clients confronted with a variety of legal problems.  More recently, Tred has been in private practice both on Saipan and now in Honolulu, concentrating on insurance coverage and commercial litigation.  Examples of his work include:

    • Insurance Coverage: Represents both insurers and insureds on a variety of insurance coverage and bad faith issues.  Maintains a Hawaii`i insurance coverage blog. Immediate past Chair of Hawaii Bar Association’s Insurance Coverage Section. Co-editor of ABA’s Insurance Coverage Litigation Committee’s website.
    • Business and Commercial Disputes: Handles a wide variety of commercial disputes regarding leases, patents, contracts, etc., through litigation, arbitration and mediation.
    • Personal Injury:Successfully works on numerous types of personal injury suits representing both plaintiffs and defendants in wrongful death, toxic tort, product defects, and general negligence matters.
    • Employment: Represents employers and employees in Title VII matters, wrongful termination, and employee discipline.
    • Appellate Practice: Has handled appeals before the United States Court of Appeals for the Ninth Circuit, Hawaii Supreme Court, Alaska Supreme Court, and Commonwealth of the Northern Mariana Islands Supreme Court.
    • Class Actions: Involved in numerous class action suits involving the Voting Rights Act, unlawful termination of service by utility service, employment discrimination, and pursuit of land, subsistence, and sovereignty rights by Alaska Natives.

    For a list of reported cases in which Tred has been involved, go here.

    He is a long-time runner, international traveler, and avid reader.

    Practice Areas: commercial litigation, insurance coverage, employment, dispute resolution.

    Admitted to Practice:California (1979); Alaska (1979); Commonwealth of the Northern Mariana Islands (1990); Hawaii (1992); United States District Court in Alaska (1985), Hawaii (2001), Northern Mariana Islands (1994); Ninth Circuit Court of Appeals (1983); United States Supreme Court (1985).


    Professional and Community Affiliations

    • Chair, Insurance Coverage Section, Hawaii State Bar Association 2011-2013
    • Co-Editor, ABA, Section of Litigation, Insurance Coverage Litigation Committee’s Website, Case Notes and Articles 2012 - present
    • Co-Chair, Additional Insureds Subcommittee, ABA, Section of Litigation, Insurance Coverage Litigation Committee 2010-2012
    • American Bar Association (Litigation Section, Insurance Coverage and Litigation Committee; Tort and Trial Practice Section)
    • Alaska State Bar Association (Indian Law and Employment Sections)
    • State Bar of California
    • Commonwealth of the Northern Mariana Islands Bar Association
    • Coordinator, Sierra Club’s Sandy Beach Cleanups
    • National Oceanic and Atmospheric Administration Whale Count

    Publications

    • Author, Construction Defect Coverage in Hawaii - A Window to the Nationwide Debate, ABA’s Coverage Journal (Sep./Oct. 2013)
    • Co-author, Key Issues in Hawaii Insurance Law Answered by the Moon Court, 33 U. Haw. L. Rev. 779 (2011)
    • Co-author, Hawaii Appellate Practice Manual (Hawaii State Bar Ass’n, 2012)
    • Author, “The Battle Over Coverage For Construction Defects” (Hawaii Bar Journal - March 2012)
    • Author, “Exclusions Got You Down? Consider Coverage for Ensuing Losses” (Coverage – Jan./Feb. 2011)
    • Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010) (with Robert H. Thomas and Mark M. Murakami)
    • Co-author, “Getting Around LHWCA’s Exclusive Remedy Roadblock - Employee’s Claims Against Employer and Insurer for Intentional Torts” (Coverage - July/August 2010)
    • Co-author, Hawaii Real Estate Law Manual (Vol. II, Hawaii State Bar Association, 2010)
    • Co-author, The Annotated Construction Law Glossary (ABA Publishing 2010)
    • Author, “Breadth of the Flood Exclusion: A Flood is a Flood, Including, Storm Surge” (ABA Insurance Coverage Litigation Committee Hot Topics Website June 2009)
    • Co-author, Bad Faith Insurance Claims (Sterling Education Services, Inc. Jan. 2009)
    • Contributor, A State-by-State guide to Construction and Design law (2d. Ed. ABA Publishing 2009)
    • Co-author, Top Nine Issues in Insurance Coverage (Lorman Education Services Nov. 2008)
    • Co-author, 2007-2008 Construction Law Update: Case Law & Legislation Affecting the Construction Industry (ABA Forum on the Construction Industry, Division 10 2008)
    • Contributor - Hawaii Legislative and Case Law Update for Construction Lawyer, 2006, 2007, 2008, 2009, 2010, 2011
    • Co-author, Insurance Law: Third Party Coverage in Hawaii (NBI Aug. 2004)
    • Co-author, Development of the Tort of Bad Faith (Lorman Education Services Feb. 2005)
    • Co-author, Development of the Tort of Bad Faith (NBI July 2005)
    • Co-author, Development of the Tort of Bad Faith (Lorman Education Services Feb. 2006)
    • Co-author, Emerging Insurance Issues (Hawaii State Bar Journal Feb. 2007)
    • Author, Insurance Blog - http://insurancelawhawaii.com
    • Guest blogger, LexisNexis Insurance Law Center, Top 50 Blogger Series, http://law.lexisnexis.com/practiceareas/Insurance-Law
    • Contributor, “Are You Covered,” online publication of ABA Section of Litigation, Insurance Coverage Litigation Committee

    Conferences and Seminars

    • Speaker - “Group Builders Update - Dispute Over Insurance Coverage for Construction Defects” (HSBA Section of LItigation - May 21, 2013)
    • Speaker - “Bad Faith - Crossing the Line” (ABA Section of Litigation, Insurance Coverage Litigation Committee Seminar - March 1, 2013 (co-authored paper submitted))
    • Speaker - “Insurance Coverage and Bad Faith Litigation: A Primer and 2012 Update” (HSBA Bar Convention, Sep. 21, 2012)
    • Speaker - “Do Lower Premiums Pay? Issues in High Deductibles/SIR and Retrospectively Rated Policies” (ABA, Section of Litigation, Insurance Coverage Litigation Committee Seminar - March 2, 2012)
    • Speaker - “Insurance Bad Faith Claims” (Sterling Education Services, Inc., August 18, 2011); Co-Author on Written Materials for Seminar
    • Speaker – “Ensuing Loss: Deny My Claim If You Must, But Cover My Resulting Loss” (ABA, Section of Litigation, Insurance Coverage Litigation Committee Seminar – March 4&5, 2011)
    • Speaker - “Transfer of Coverage Under the Predecessor’s Liability Policies or Corporate Transactions - What Happened to the Insurance Policy?”(ABA, Section of Litigation, Insurance Coverage Litigation Committee seminar -  March 6, 2009)
    • Speaker - Bad Faith Insurance Claims (Sterling Education Services, Inc., Jan. 22, 2009)
    • Speaker - Top 9 Issues in Insurance Coverage (Lorman Education Services, Nov. 6, 2008)
    • Speaker - Development of Tort of Bad Faith (Lorman Education Services, Feb. 28, 2006)
    • Speaker - “Pro Bono Litigation,” Federal District Bar Conference (Feb. 1996)
    Matthew T. Evans, Associate
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Hawaii, William S. Richardson School of Law (JD 2008)
    • University of Hawaii at Manoa (BA 2004)

    Matthew T. Evans, Associate

    Matt Evans joined the firm in 2008 and practices primarily in the firm’s Real Estate and Construction, Insurance, and Commercial Litigation practice groups.  He received his law degree, magna cum laude, from the University of Hawaii William S. Richardson School Of Law, where he served as a member and Production Editor of the University of Hawaii Law Review.  During law school, he was the recipient of several academic and scholarship awards, including the Hawaii State Bar Association C. Jepson Garland Memorial Scholarship Award for authoring the best paper on Real Property and Land Use, the CALI Excellence for the Future Award for achieving the highest grade in Negotiable Instruments, and the Richard S. and Percy K. Mirikitani Memorial Scholarship Award.  He was also a volunteer at the Legal Aid Society of Hawaii and a member of the Delta Theta Phi legal fraternity.

    Born and raised on the windward side of Oahu, Matt is a graduate of Hawaii Baptist Academy and the University of Hawaii at Manoa, where he obtained his Bachelor’s degree, with distinction, majoring in Communication and minoring in Music.


    Professional and Community Affiliations

    • ABA Forum on the Construction Industry (Member)
    • American Bar Association
    • Hawaii State Bar Association
    C. F. Damon, Jr., Founder (Retired)
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Colorado (L.L.B. 1953)
    • Yale University (B.A. English/History 1950)

    C. F. Damon, Jr., Founder (Retired)

    Born in Hawaii, Frank was admitted to the Hawaii Bar in 1954.  He practiced for five years as an associate attorney at the then Honolulu law firm of Smith, Wild, Beebe & Cades.

    In 1959, following Hawaii’s admission to Statehood, Frank served as Administrative Assistant to Hawaii’s new Senator, Hiram L. Fong, in Washington, D.C. Upon his return to Honolulu three years later, Governor William F. Quinn appointed Frank to a cabinet post as Director of Labor and Industrial Relations.

    A year later, he returned to private law practice and in 1963, founded the law firm of Damon & Shigekane, the predecessor of our firm today.


    Professional and Community Affiliations

    • Hawaii State Bar Association (President, 1968)
    • Kindergarten and Children’s Aid Association (KCCA) (Trustee, 2000 – 2007)
    • Mid-Pacific Institute (Trustee, 2002 – 2007)
    • Punahou School (Trustee, 1973-2001; Chairman of the Board, 1998-2001)
    • Sun Yat-Sen Hawaii Foundation (Vice President, 1997-present)
    • University of Hawaii William S. Richardson School of Law (Wills and Trusts), Adjunct Professor (1982-1985)
    • Wo International Center, Punahou School (Board of Advisers 1990-present)

    Awards

    • Punahou School Alumni Association O in Life Award (2009)
    • C. Frederick Schutte Award for Outstanding Service to the Legal Community and the Profession (Hawaii State Bar Association 1998)
    • Distinguished Eagle Scout Award (1991)

    Government Service

    • United States Navy (1944-1946)

     

    Christine A. Kubota, Director
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of the Pacific, McGeorge School of Law (J.D. 1988)
    • Chaminade University (B.A. International Relations and Asian Studies 1977)


         


    Christine A. Kubota, Director

    Chris, born and reared in Japan, joined the firm in 1988 and immediately began building a practice in corporate, commercial, and real estate law, primarily with Japanese-speaking clients.  To address the needs of her Japanese clients, her practice also encompasses immigration law, estate planning and employment matters.

    Chris is a past director of Meritas, a worldwide affiliation of commercial law firms, which has members in over 270 cities.  Damon Key is the exclusive Hawaii affiliate of Meritas.

    While in law school, she was an editor of The Transnational Lawyer, and was awarded various scholarships, including The Transnational Lawyer Scholarship and the Community Legal Service IOLTA Program’s scholarship. She was also active in the Pacific International Law Society and the Asian American Law Student Association.

    She practices in the following areas:

  • Business and Commercial Disputes:  Assist clients with business transactions; formation of corporations and limited liability companies; negotiation of contracts; purchase and sale transactions; purchase and sale transactions; business planning; loan agreements; and other commercial transactions to include retail, restaurant, distributorships, service, tour/travel, internet, real estate and non-profit business organizations.

  • Immigration:  Assist clients with non-immigrant business visa applications (to include E-2 Treaty Investor; E-2 Treaty Trader; L-1 intra-company transfer; and H-1B Specialty Occupation); coordinate immigrant visa applications; fiance visas; business/tourist visas; R-1 religious worker visas; E-B category filings; Family-based petitions; Transitional Diversity (Lottery) applications; Re-entry Permits; Consular Processing and general immigration consultation.

  • Employment:  Counsel and assist employers (corporations, non-profits, supervisors, human resource specialists) regarding employment issues; provide advice regarding employment agreements and employee handbooks/policies; and counsel clients with issues arising from termination, discipline, non-compete agreements, discrimination, harassment, etc.

  • Real Estate:  Assist clients with the purchase and sale of real property; purchase and sale of leasehold interests; review of commercial lease agreements (shopping centers, hotels, warehouses, offices, retail space, etc.); coordinate purchase and sale of hotels, golf courses, resorts and shopping centers; assist landowners with disputes related to water, boundary, title, nuisance and other issues; and other general consultation.

  • Estate Planning:  Assist clients with their estate plans (wills, trusts (revocable/irrevocable), power of attorney, advance health care directives, family limited partnerships, qualified domestic trusts, etc.) with focus on non-resident and resident alien planning; and matters related to probate and ancillary probate filings.


    Professional and Community Affiliations

    • American Bar Association (Real Estate Section)
    • American Immigration Lawyers Association (2005-present)
    • American Heart Association (Volunteer, 34th Annual Golf Class Committee - 2008)
    • Hawaii American Immigration Lawyers Association (2005-present)
    • Hawaii Senior Life Enrichment Association (2007-present, Director 2007-present)
    • Hawaii State Bar Association (1988-present, Director 2010-2011, Mentor/Mentee Committee (2010-present, Awards Committee (2012)
    • Hiroshima Kenjikai (1996-present, Director 1997-present)
    • Member, U.S. Japan Council
    • Director, Honolulu Japanese Chamber Charitable Corporation
    • Honolulu Japanese Chamber of Commerce (2005-present, Past Chair; Chair 2011-2012, Vice Chair 2007-2010, Board of Directors 2005-present, Chair-International Business Development Committee 2006-2010)
    • Japan-America Society of Honolulu (1992-present)
    • Japanese Women’s Society Foundation (2013 - co-chair, Women’s Leadership Summit, Feb 2014)
    • Meritas, Board of Directors (1998-2000)
    • Mid Pacific Country Club (1992-2007, By-Laws Committee 1996-2003, Legal Committee 2001)
    • National Association of College and University Attorneys (2000-2001)
    • Office of International Affairs Advisory Council (2009)
    • Pacific Asian Affairs Council (1998 - 2003)
    • Pacific Business News, Women Who Mean Business (Finalist, 2010)
    • Royal Iolani Condominium Association (Board of Directors, 1996-2005)
    • Seiwa Juku (2011-present)
    • Supreme Court Committee on Court Interpreters & Language Access (2000-present; Co-Chair June 2011 - present)
    • United Japanese Society (1996-present; Immediate Past Chair; Board of Directors 2009; Vice-President 2010; Chair-Elect July 2011; Chair July 2012)
    • Waialae Country Club (1997-present)
  • R. Charles Bocken, Of Counsel
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    Phone: (808) 531-8031
    Fax: (808) 533-2242
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    Education

    • University of Nebraska (J.D. 1948)
    • Georgetown University (B.S. Business Administration 1943)

    R. Charles Bocken, Of Counsel

    Before joining the firm in 1968, Charlie was a judge advocate in the United States Air Force at the Pentagon.

    His practice emphasizes business law, commercial litigation, bankruptcy reorganization and arbitration.  He was appointed to represent several thousand Guamanians whose lands were taken for military bases after World War II and to supervise the distribution of a settlement fund approximating $40 million dollars.

    He was responsible for an upset victory in the United States Supreme Court in a landmark case defending private property rights, Kaiser Aetna v. United States, 444 U.S. 164 (1979).

    Charlie has acted as an arbitrator in over 300 commercial and labor arbitrations since 1969, in addition to practicing law in the areas of general business law, commercial litigation and bankruptcy reorganization proceedings. In the course of his legal practice, he regularly experiences adversarial situations which require careful, experienced negotiating in an effort to settle the dispute rather than resort to expensive litigation.

    His significant arbitration experiences include acting as impartial arbitrator in a multi-million dollar dispute between the City & County of Honolulu and the contractor regarding construction of a refuse to energy plant. Other cases involved acting as arbitrator in disputes between:

    • developers and contractors involving claims in excess of one million dollars
    • a hotel chain and its Hong Kong licensee for the Far East regarding hotel development
    • labor unions and owners or government entities involving contract interpretations

     


    Professional and Community Affiliations

    • American Arbitration Association
    • American Bar Association
    • Catholic Diocese of Honolulu (Development Committee)
    • Federal Judicial Selection Commission (1984-88)
    • Federal Mediation and Conciliation Services (Labor Arbitration Panel)
    • Hawaii State Bar Association
    • Hawaii Supreme Court Committee on Lawyer Professionalism (1985-88)
    • Industrial Relations Research Association
    • University of Hawaii Cancer Research Center

    Awards

    • The Best Lawyers in America (listed under Bankruptcy)