News
Land Use Cases of Interest
September 17, 2011
Here‘s a list of land use and related cases that are worth following, or that have been decided in the last year.
David McCauley Reports: Plenty of H-1B Visas Available
September 15, 2011
David McCauley—one of Hawaii’s “Superlawyers” in Immigration Law and head of the firm’s Immigration and Naturalization group reports “Plenty of H-1B Visas Available.”
September 15, 2011
As of September 9, 2011, U.S. Citizenship and Immigration Services reports that only 32,200 petitions for H-1B visas have been received. The H-1B visa is a so-called “specialty occupation” visa that allows foreign nationals to work for American business in professional positions. A “professional” position is defined as one which requires, at a minimum, a four-year degree from a college or university. 65,000 new H-1B visas are available each year.
The start date for filing H-1B visa petitions is always April 1. We are now nearly six months beyond that date and have not yet reached the half-way mark, a clear indication that hiring by American employers has not picked up. In years gone by, the supply of H-1B visas would have been exhausted on April 1, the first day of filing. First-day demand has been as much as double or triple the number of visas actually available.
Not anymore. An additional 20,000 H-1B visas are available for individuals who have earned advanced degrees from U.S. colleges and universities. Interestingly, USCIS has received 16,700 H-1B petitions for individuals with advanced degrees. The fact that the 20,000 “advanced degree” H-1B visas will soon be used up hardly matters: advanced degree candidates can also tap into the more than 30,000 regular H-1B visas that will still be available. Although these visas were quickly used up in years gone by, H-1B visas will continue to be available for eligible foreign workers for the next few months.
Contact David McCauley at .(JavaScript must be enabled to view this email address) or at (808) 531-8031 for more information.
Robert Thomas to Speak on Government Ethics at ABA Meeting
September 12, 2011
As part of the Fall Meeting of the ABA’s Section of State & Local Government Law in Tucson, on Thursday, September 22, Robert Thomas will be on a panel discussing the Supreme Court’s recent decision in Nevada Commission on Ethics v. Carrigan, “Conflict of Interest Restrictions After Carrigan: Legislative Voting and the First Amendment.”
More information here.
Damon Key Attorneys Author Chapters in ABA Eminent Domain Book
September 12, 2011
Damon Key attorneys contributed three chapters to a book on eminent domain law, recently published by the ABA, Eminent Domain - A Handbook of Condemnation Law (available for order here).
Robert H. Thomas authored chapters on “Prelitigation Process,” and “Flooding & Erosion,” and Mark M. Murakami and Christi-Anne H. Kudo Chock co-authored the chapter “Damages Resulting from a Taking: An Overview.”
More information here.
Follow Us On Facebook
September 12, 2011
We’ve launched our Facebook page.
Go here, or visit Facebook.com/Damon.Key.hawaiilawyer to follow us for Legal Alerts, firm updates, upcoming seminars, and other items of interest.
Tred Eyerly on Faculty of Insurance Law Seminar
July 31, 2011
Tred Eyerly will be a co-presenter at an insurance seminar hosted by Sterling Education Services on August 18, 2011. The seminar is entitled “Insurance Bad Faith Claims.”
Tred will be speaking on development of the tort of bad faith and the elements of a bad faith case. Registration and additional Information is available here. Tred’s post on bad faith appears on Sterling’s website here. Tred follows insurance law issues closely on his blog, Insurance Law Hawaii.
Alert: GET Exemptions Suspended As Of July 1, 2011
July 04, 2011
Effective July 1, 2011, the Hawaii general excise and use tax exemption for certain persons and business activities is suspended by the recently signed Act 105. For a two-year suspension period running from July 1, 2011 to June 30, 2013, certain formerly exempt persons and business activities will be subject to the 4% general excise or use tax rate.
A grandfathering provision exists which may save some from losing the exemption, but it requires a written contract that does not allow the passing on of increases in tax rates. The contract must be binding and entered into before July 1, 2011.
You should review Hawaii Department of Taxation Announcements Nos. 2011-09 and 2011-10 (linked in the documents below) to determine whether you fall into one of the suspended categories. Prominent on the list are sublessors that deduct amounts paid to lessors from rental income received from sublessees and the “subcontractor’s deduction,” the anti-pyramiding relief available to contractors for amounts received from subcontractors.
Time is short. If you have questions about this Legal Alert Update, please contact Christopher Pan at .(JavaScript must be enabled to view this email address) or (808) 531-8031.
More here.
James C. McWhinnie Receives Prestigious Grahovac Award
May 24, 2011
Meritas Law Firms Worldwide has announced that Honolulu attorney James C. McWhinnie is the recipient of the 2011 Grahovac Award. The award has been given only five times in the 21 year history of Meritas and recognizes outstanding service, leadership and dedication to the organization. McWhinnie, a director with Honolulu law firm of Damon Key Leong Kupchak Hastert, received the award last week at the 2011 Meritas Annual Meeting held in Montreal, Canada.
“We are all very proud that Jim has been selected as the recipient of this award of great distinction within the global legal community,” said Michael Yoshida, Damon Key Vice President. “To be honored by Meritas, the organization that sets the bar for quality standards within our industry, speaks volumes for Jim’s commitment to professional excellence.” Meritas is an established global alliance of more than 170 independent, full-service and top-rated law firms in 73 countries with a total of more than 7,000 member attorneys. Firms become members of the Meritas worldwide alliance by invitation only, and only after agreeing to perform under the organization’s uniquely stringent and comprehensive Quality Assurance Program. Damon Key Leong Kupchak Hastert has been Hawaii’s exclusive Meritas member firm for more than 20 years.
McWhinnie has served a three-year term on the Meritas board of directors, two terms as a vice chair on Meritas’ Executive Committee, and two terms as the chair of Meritas’ Finance Committee. In addition, McWhinnie has played leadership roles in the Hawaii legal community, including active roles within the Hawaii State Bar Association and on the Hawaii Supreme Court’s Special Committee on Judicial Performance. His legal practice emphasizes civil litigation.
Other honors granted to McWhinnie throughout his career include his selection into The Best Lawyers of America and Hawaii’s Super Lawyers in the area of Commercial Litigation. He has also been rated “AV” (the highest available rating) by Martindale Hubbell for many years and is a member of the Million Dollar Advocates Forum (attorneys who have won million and multi-million dollar cases).
Keeping Track of Rail
May 10, 2011
Honolulu rail, officially referred to as the “High-Capacity Transit Corridor Project,” will generate its share of legal issues over an anticipated eight year construction period, including eminent domain, construction and procurement, and environmental law. The attorneys at Damon Key have a depth of experience in these fields, and stand ready to assist you if you will be impacted by the rail.
Eminent Domain
The City has the power to take property by eminent domain, provided the taking is “for public use” and “just compensation” is paid to the owner. According to the June 2010 Final Environmental Impact Statement, the City will acquire 199 parcels (40 full, and 159 partial acquisitions), which will include relocation of 20 residences, 1 church and 66 businesses, and the City has identified these properties by TMK number in the FEIS, a copy of which is available at www.hawaiitransit.org.
The City asserts that only those properties identified in the FEIS will be acquired, and that property owners will be offered fair market value and relocation expenses, but whatever the City might promise, affected property owners should be proactive in determining the value of their land and businesses. The City estimates acquisitions will be completed by 2014 for no more than $248 million total, based on property tax assessment records (not fair market value). According to the Honolulu Board of Realtors, the median sale price of single family homes in March 2011 was $548,500. That amounts to about $11 million for residential acquisitions, or only 4% of the estimated budget for all acquisitions.
Every property and business owner who might be affected by the rail project should keep these points in mind:
Environmental Law
The City must also comply with state environmental laws, including consideration of cultural and historical preservation. For example, the City has promised that detailed studies and decisions about burials and the displacement of hazardous materials will precede each of the four phases of construction. Property owners who might be affected by the project should closely follow the applicable comment periods for archaeological surveys, as well as rail-related developments and permits that require environmental review.
Recently, former Governor Ben Cayetano announced that he will spearhead a challenge to the rail project’s environmental review under federal law, even as the City defeated a state court lawsuit that challenged the FEIS under state burial laws. Under Hawaii law, burial sites are protected by a special review process culminating in an independent determination of whether remains should be preserved where they were discovered, or relocated. The plaintiff had challenged the City’s decision to look for burial sites on an ongoing basis, instead of conducting a comprehensive archaeological survey of all the areas in or around the proposed right-of-way before commencing any construction.
Specifically, she argued that the last phase of the transit corridor in Kakaako transects an area known to contain burial sites, and that postponing the survey until after the rail is almost finished will lead to pressure to relocate remains, instead of allowing for adjustments to the alignment. The City entered an agreement with the State Historical Preservation Division, however, that recognizes this and requires completion of the Kakaako archaeological survey to be completed before the design work for that phase is even begun. Consequently, the court concluded that phased review—with approval and continued oversight by SHPD—complied with Hawaii law. State burial law contains a very powerful tool—a “stop work” provision applicable to the “inadvertent” discovery of bones during construction – and SHPD has agreed to treat any and all discoveries as “previously identified,” which suggests that rail construction will be very difficult to stop once it has commenced.
Construction and Procurement
In addition to environmental challenges, the City is also facing lawsuits by contractors over the award of construction contracts pursuant to the State’s Procurement Code. By law, the government must follow a set procedure to award those contracts to ensure fairness and manage costs, among other things. (See “Bidding on Rail” by Matthew T. Evans).
Complex Land Transactions in Surrounding Areas
The legal landscape relating to land use in the areas surrounding the proposed path of the Rail Project will likely include complex land transactions, development agreements and other easements and leases never before utilized in Hawaii.
Attorneys specializing in rail-related issues include Kenneth R. Kupchak, Gregory W. Kugle, Anna H. Oshiro (construction and procurement), Robert H. Thomas, Mark M. Murakami, Tred R. Eyerly (insurance), Christi-Anne H. Kudo Chock and Matthew T. Evans.
Special Update as of March 11: Relief for Japanese and Other Nationals from the Pacific
March 14, 2011
This advisory is for Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation. If you have exceeded or are about to exceed your authorized stay in the U.S. you may be permitted up to an additional 30 days to depart.
Visitors traveling under the Visa Waiver Program (VWP):
If you are at an airport, contact the U.S. Customs and Border Protection office at the airport
All others, please visit the local U.S. Citizenship and Immigration Services office
Visitors traveling under a nonimmigrant visa:
Visit the local U.S. Citizenship and Immigration Services office
Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record
For additional immigration relief options, please visit the Special Situations Web page.
Meeting the Mayor
March 08, 2011
In Carlisle talks about rail, budget woes, the Pacific Business News writes about the breakfast meeting with Honolulu Mayor Peter Carlisle, sponsored by Damon Key:
The audience at a downtown business breakfast Tuesday learned a couple of things about Mayor Peter Carlisle: His middle name is Benson, and he unequivocally is enjoying his new job.
The former Honolulu prosecuting attorney was the guest speaker at a “Meet the Mayor” breakfast at the Plaza Club sponsored by the law firm Damon Key Leong Kupchak and Hastert. Carlisle has been mayor since October, after winning a special election to fill the remaining two years of Mufi Hannemann’s term.
Read the entire article here.
Anna Oshiro and Mark Murakami Noted in PBN Article “Verdict exposes contractors to liability risks”
February 08, 2011
Damon Key attorneys Anna Oshiro and Mark Murakami were quoted in the Pacific Business News article “Verdict exposes contractors to liability risks.”
A recent Hawaii appeals court decision has thrown into question whether contractors are covered by the insurance policies they purchase to protect themselves from liability for injuries and property damage arising from construction defects.
The decision by the state Intermediate Court of Appeals said “construction defect claims do not constitute an ‘occurrence’ under a [commercial general liability] policy.”
That means the commercial general liability insurance policies don’t provide coverage for construction defects, said Anna Oshiro, an attorney with Damon Key Leong Kupchak Hastert, which was hired by the Hawaii General Contractors Association to try and intervene in the case.
Read the article here.
Greg Kugle To Speak To HSBA On Shoreline Issues (2/18/2011)
February 07, 2011
On Friday, February 18, 2011 from noon to 1:00 p.m., Greg Kugle will be speaking to the Hawaii State Bar Association’s Real Property and Financial Services Section on Shoreline Issues. Greg chairs the firm’s real estate and construction law practice group, and has been representing property owners on shorelines issues across the State of Hawaii for many years.
The presentation is free for HSBA members and will take place at the HSBA Confrerence Room, 1100 Alakea Street, Suite 1000. HSBA members from the neighbor islands can call in to a toll-free conference line (contact us for the instructions).
Damon Key Earns Recertification in Meritas, a Global Alliance of Business Law
February 07, 2011
The firm has been awarded recertification in Meritas, a global alliance of full service business law firms. Damon Key Leong Kupchak Hastert was invited to join Meritas in 1990, and as a condition of its membership, is required to successfully complete recertification every three
years.
Meritas is the only law firm alliance with an established and comprehensive means of monitoring and enhancing the quality of its member firms—a process that saves clients time in validating law firm credentials and experience. Meritas membership is selective and by invitation only. Firms are regularly assessed and recertified for the breadth of their practice expertise and client satisfaction. The organization’s extensive due diligence process ensures that only firms meeting the tenets of Meritas’ Quality Assurance Program are allowed to maintain membership. Firm performance and quality feedback are reflected in a Satisfaction Index score, which is made available online.
“We are very proud of our firm’s achievements, and look forward to continuing our relationship with Meritas,” said James C. McWhinnie, Executive Committee Member and Director of the firm. “Meritas’ Quality Assurance Program is not just valuable for our clients seeking legal expertise around the world, it also provides us with a framework to consistently monitor and address the quality of the services we provide to our clients.”
Damon Key Welcomes New Associate
January 10, 2011
Damon Key welcomes our newest associate, Sara Mostafa-Ray! Fluent in Spanish and Arabic, Sara is part of our Immigration Practice Group and will also be working in Business and Commercial Transactions. She most recently served as the Immigration Outreach Specialist for Honolulu’s Domestic Violence Action Center. Additional information about Sara can be found here
Vermont Law Review Publishes Article on Beach Takings by Damon Key Attorneys
December 22, 2010
The Vermont Law Review has published an article authored by Damon Key attorneys Robert H. Thomas, Mark M. Murakami, and Tred Eyerly, Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010).
The article is an essay with their thoughts on the U.S. Supreme Court’s decision in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the “judicial takings” case involving accretion rights and Florida’s “renourished” beaches. Robert, Mark, and Tred filed an amicus curiae brief in that case in support of the property owners.
The complete article is available here.
Damon Key To Sponsor 5th Hawaii Land Use Law Conference (Jan 13-14, 2011)
December 22, 2010
On January 13 and 14, 2011, The Seminar Group will be holding the 5th Hawaii Land Use Law Conference, in Honolulu, and Damon Key is the reception Sponsor. Damon Key attorney Robert Thomas will lead two sessions, on Coastal Issues, and Water Law. The conference is held every two years, so this is your chance to get updated on the hottest topics by a stellar faculty. More information, including the complete agenda, registration information (and registration discounts) is available here.
Damon Key Attorney Publishes Law Review Article on Eminent Domain
December 08, 2010
Robert Thomas, an attorney with the firm’s Land Use practice group, has published Recent Developments in Challenging the Right to Take in Eminent Domain in the latest volume of The Urban Lawyer, the law review published by the ABA Section of State and Local Government Law. In the article, which is available here, Thomas summarizes several of the recent court decisions on public use and public purpose. Download the article here.
Damon Key Featured in MidWeek: “Continuing Founders’ Legacy”
December 08, 2010
The December 8, 2010 edition of Midweek featured a story on the firm. “Continuing Founders’ Legacy” is about the early days of Damon Key, when Frank Damon and Henry Shigekane formed this unique law partnership. Read the whole story here.
Damon Key Attorneys Author ABA Article
August 04, 2010
Mark Murakami and Tred Eyerly‘s article, “Getting Around LHWCA’s Exclusion Remedy Roadblock - Injured Employee’s Claims Against Employer and Insurer for Intentional Torts,” was published in the July/August 2010 issued of Coverage, an ABA publication focusing on insurance coverage. Although an exclusive remedy provision under the Longshore Harbor and Workers Compensation Act bars actions against insurers for bad faith handling of claims, the article suggests pursuing intentional torts, including intentional infliction of emotional distress, may be appropriate remedies.
McWhinnie Reappointed to the Special Committee on Judicial Performance
May 11, 2010
Damon Key partner James C. McWhinnie was reappointed as member of the Special Committee on Judicial Performance.
Jim McWhinnie Featured in Pacific Business News Article
February 09, 2010
Damon Key attorney Jim McWhinnie is featured in the February 5, 2010 Pacific Business News report Civil suits jump as courts face cutbacks.
For the second year in a row, the number of civil lawsuits filed in Hawaii has jumped to a new high after what had been years of steady decline.
Attorney Jim McWhinnie is not surprised.
“Transactional attorneys who do real estate business deals, nonlitigation, they had noticed the economy slowing so the deals slow down,” said McWhinnie, a director and chairman of the litigation practice group at Damon Key Leong Kupchak Hastert. “There are people — who might normally not sue if they are seeing good buys and good projects — they sue when the economy’s tight because they’re tight for money.”
Read the complete article here.
Chris Kubota Featured in Hawaii Business Story “The Business of Love”
January 29, 2010
Damon Key partner Christine Kubota is featured in a story in the February 2010 Hawaii Business magazine, “The Business of Love.”
Here’s an excerpt:
More than 50 percent of marriages in the United States end in divorce and Hawaii accounts for about 5,000 of those breakups every year. Of those who remain married, true love is not always the reason. That’s why relationship experts say it’s crucial to take time upfront to choose the right mate. Selecting a supportive partner who allows you to pursue your career and other goals could determine into which half of the nation’s couples you and your spouse fall.
The following pages describe how four successful couples met, fell in love and are making their lives – and romance – work, despite hectic schedules, demanding jobs and kids. A common thread: They’ve all mastered the power of negotiation.
The Attorney and Her House-husband
Christine Kubota says it was a long road to finding Mr. Right. When she hit her 30s and still hadn’t found “the one,” she decided to go to law school and focus on her career. She eventually met her future husband, Sadao Takahashi, through a mutual friend. They golfed on their first date and Kubota says that by the 19th puka, she was so hungry she devoured her entire entrée.
“(Sadao) is from Japan so I don’t think he had ever seen a woman eat like that,” Kubota says, laughing. “But for some reason, he said he was impressed because he knew I was a genuine person.” The couple met in November 1989, Takahashi proposed in February and they married a year-and-a-half later.
Read the complete story here.
Thomas to Speak to Government Lawyers on Land Use Exactions
January 08, 2010
On Tuesday, January 12, 2010, Damon Key attorney Robert Thomas will be speaking at a teleconference on land use exactions for members of the International Municipal Lawyers Association. He will be the guest of nationally-renown land use law experts Professor Dan Mandelker and attorney Dwight Merriam.
More information here.
Damon Key Attorney to Lead National Program on Constitutional Law
December 31, 2009
On February 25, 2010, from 1:30 - 3:30 p.m. Eastern (12:30 CT, 11:30 a.m. MT, 10:30 PT, and 8:30 HST), Damon Key attorney Mark M. Murakami will be moderating a teleconference sponsored by the ABA Section of State and Local Government Law and the ABA Center for Continuing Legal Education: Beyond Gun Control: McDonald v. City of Chicago and Incorporation of the Bill of Rights.
In March 2010, the U.S. Supreme Court is scheduled to hear arguments in McDonald v. City of Chicago, a case asking whether the Fourteenth Amendment’s Privileges or Immunities Clause or the Due Process Clause makes the Second Amendment applicable to the states and local governments. It is shaping up to be one of the most important cases of the court’s term and it could usher in a new era in constitutional jurisprudence. The case has generated national media attention and overwhelming amicus participation. Each of our expert panelists joined an amicus brief in the case and will discuss the positions of the parties and amici, and will offer a preview of the oral arguments.
In addition to Mark, the faculty includes Michael Kent Curtis (Judge Donald L. Smith Professor in Constitutional and Public Law, Wake Forest University School of Law, Winston-Salem, NC, author of No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights (1986)), Lawrence Rosenthal (Professor of Law, Chapman University School of Law, Orange, CA), and Ilya Shapiro (Senior Fellow in Constitutional Studies and Editor-in-Chief, Cato Supreme Court Review, Cato Institute, Washington, DC).
More information, including on-line registration here. Mark has also set up a resource page for all things about the McDonald case.
The case is a challenge to a Chicago ordinance prohibiting possession of handguns in the home, but the issues at stake go far beyond the usual debate over gun control. The Supreme Court has been asked to overrule nearly 140 years of constitutional law and the selective incorporation doctrine. This CLE program discusses the issues in McDonald and the possible implications of the decision:
Damon Key Law Blogger Celebrates Second Anniversary
December 10, 2009
Tred Eyerly, who researches and publishes one of the nation’s leading blogs on insurance law—Insurance Law Hawaii—has celebrated his blog’s second anniversary.
Find out more here.
The firm’s three law blogs focus on property and land use, maritime and shoreline law, and insurance issues.
Kupchak, Oshiro, Eyerly Author Hawaii Real Estate Law Manual Chapters
November 16, 2009
Damon Key Leong Kupchak Hastert attorneys Kenneth R. Kupchak, director; Anna H. Oshiro, director; and Tred Eyerly, associate; co-authored the construction and bond chapters in the second volume of the Hawaii Real Estate Law Manual.
Kupchak presented on the land use chapter and, with Oshiro, on the construction and bond chapters at the Hawaii State Bar Association’s conference September 18.
The 750-page first volume of the Hawaii Real Estate Law Manual was updated to include new or edited chapters on: Hawaii and federal land use laws, county zoning, subdivision regulations, environmental considerations, design and construction contracts, bonds, affordable housing programs, condominium, timeshare, and community association legal developments.
Kupchak 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 was recognized in Best Lawyers in Hawaii in construction, mergers and acquisitions and commercial litigation.
Oshiro’s practice focuses on commercial litigation and construction litigation in particular. She is a contributing co-author to many books on construction law and is currently serving as associate editor of a national construction law quarterly publication.
Eyerly practices in commercial and construction litigation, insurance coverage, employment and dispute resolution.
FCC’s Proposed Internet Service Provider Rules Opposed by Sen. McCain
October 22, 2009
On October 22, the Federal Communications Commission proposed new “Net Neutrality” rules which would prevent Internet service providers (ISPs) from intentionally blocking or slowing down Internet traffic. In response, Sen. John McCain (R – Ariz.) introduced the Internet Freedom Act of 2009, which would stop the FCC from putting the new rules in force, calling them a “government takeover of the Internet.”
The proposed rules would not allow ISPs to block users from running lawful applications or from sending and receiving lawful content. They could, however, deal with spam and other unwanted traffic, as well as illegal content such as child pornography. ISPs could not deprive users of competition from other service providers.
Homeland Security Recinds “Safe Harbor” Rule
October 22, 2009
On October 7, the Department of Homeland Security (DHS) rescinded its so-called “safe harbor” rule that had specified the steps and timetable employers must follow when they receive a letter from the Social Security Administration (SSA) or DHS advising them that the names of one or more employees do not match SSA records.
Under the safe harbor rules, and employer would have to fire an employee, or risk Federal fines and/or prosecution if the discrepancy could not be resolved within the limited “safe harbor” time period.
Although the “safe harbor” rules will now not go into effect, DHS advises employers who receive such letters to to check their own records for errors, inform the employee of the no-match letter, and ask the employee to review the information and allow employees a reasonable period of time to resolve the no-match with SSA.
Damon Key Director David McCauley is tracking this issue.
Damon Key Attorneys Prevail in Hawaii Supreme Court Election Case
October 20, 2009
On October 20, 2009, the Hawaii Supreme Court held that in order to register as a voter, a person must have a fixed habitation in the district in which he is attempting to register, as well as a “physical presence” there. The appeal concerned whether the State Board of Registration (County of Maui) correctly concluded that a Maui County councilperson who registered to vote as a Lanai resident is actually a resident of Maui. The unanimous court, in an opinion by Justice Mark Reckenwald, affirmed.
Damon Key attorneys Ken Kupchak, Robert Thomas, and Christi-Anne Kudo Chock represented the Lanai voter who prevailed in the appeal.
The court’s opinion is available here. Dupree v. Hiraga, No. 29646 (Haw., Oct. 20, 2009).
More about the case here.
Damon Key Law Blogger Enters Third Year
October 19, 2009
Damon Key attorney Mark Murakami celebrates the second anniversary of his law blog, hawaiiloceanlaw.com.
“Well, it was last week, but who is counting.
“Two years ago, following the very successful model of my partner Robert Thomas, I decided to become a blogger. Nearly 300 posts later, with topics ranging from Somali piracy, SONAR and whales, to Antarctic whaling and forum non conveniens, I still consider myself learning about society and its attempts to harness, regulate, use and protect our ocean resources.
“My day to day practice is more landbound dealing with land use and commercial disputes, but after my time in the Coast Guard, I don’t think my heart will ever be far from the sea. To my followers, thank you for following. I hope that my blog helps you keep track of the issues affecting the ocean and the maritime trade thereon.
“The photo is from a few years ago, supervising helicopter operations on board the Coast Guard Cutter CONFIDENCE.
More about the law blogs produced by the firm’s attorneys here.
Thomas to Speak at Small Business Hawaii
October 19, 2009
On Thursday, October 29, 2009, Damon Key attorney Robert Thomas will be speaking to Smart Business Hawaii (formerly Small Business Hawaii) at its monthly Sunrise Networking Breakfast. More details here.
Damon Key Attorneys File U.S. Supreme Court Brief
October 15, 2009
Damon Key attorneys Robert Thomas, Mark Murakami, and Tred Eyerly filed an amicus brief in the U.S. Supreme Court in the case involving Florida’s efforts to replace and “renourish” beaches. More about the case and the issues here.
In Walton County v. Stop the Beach Renourishment, Inc., 998 So.2d 1102 (Fla. Sep. 29, 2008), the Florida Supreme Court held that a state statute which prohibits “beach renourishment” without a permit did not effect a taking of littoral (beachfront) property, even though it altered the long-standing rights of the owners to accretion on their land and direct access to the ocean.
The U.S. Supreme Court is considering whether the Florida court’s reversal of more than 100 years of Florida law was a judicial taking, and whether the Florida court’s decision violated due process.
The brief is available here.
Insurance Law Hawaii Blog Gets Shout Out
October 14, 2009
Tred Eyerly, who writes a blog on insurance law got a shout out—a rave review, sometimes called ‘got slabbed’, from the insurance issues blog “Slabbed.”
The blogger was impressed with the clarity of Eyerly’s analysis of the Corban decision.
“SLABBED gives a hat tip to Tred Eyerly and a big THANK YOU, too.”
Thomas Heads ABA Condemnation Law Committee
October 13, 2009
At the recent American Bar Association annual meeting in Chicago, Damon Key director Robert H. Thomas was named Chair of the Condemnation Law Committee for the ABA’s Section of State and Local Government Law.
He takes over a national leadership role in the Committee, which deals with eminent domain, takings, and other property issues.
His blog, inversecondemation.com, is devoted to developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and Hawaii land use law.
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.
View the press release here.
ThomasPressRelease.pdf
“Corporate Counsel” Publication Sees Benefits of Meritas
September 17, 2009
Damon Key is Hawaii’s only Meritas member firm. The affiliation, explained in this Law.com Corporate Counsel publication, gives our firm a unique edge. “Hard times bring opportunities, and the network of small and midsize law firms called Meritas hopes that more general counsel come knocking as their companies look for ways to cut costs.” Download article
Hastert Nominated to Second Term on National Easter Seals Board
September 11, 2009
Diane Hastert, whose practice focuses on complex litigation and dispute resolution, has been nominated to a second term on the National Easter Seals Board of Directors. Hastert was a founding director of the Hawaii Easter Seals Foundation and has deep roots in civic and community service.
Kupchak, Oshiro Address State Bar Convention
September 11, 2009
Kenneth R. Kupchak and Anna Oshiro, firm directors, presented to the Hawaii State Bar Association’s Sept. 18 convention on construction and bond chapters of the Hawaii Real Estate Manual. Kupchak also presented on the land use chapter. Kupchak, Oshiro and firm associate Tred Eyerly co-authored the construction bond chapter of the Manual.
Kubota Addresses Business/Cultural Issues
July 08, 2009
At the Wahine in Hawaii Business Forum Christine Kubota, one of the firm’s directors, discussed the need for a basic understanding of cultural protocols when doing business on the international front. It was the second high-profile women’s conference convened by Hawaii Business Magazine.
Kubota was a panelist in the session ”Worldly Wise Women: International Business.” Copanelists were Bee Leng Chua with Hawaii Pacific University who focused on Singapore and Carla Kearns with TLI The Mandarin School who discussed business in China.
The experiences of women in international business vary from that of male counterparts. Kubota and the others burst stereotypes, provided perspective and in some cases produced chuckles. Kubota told attendees not to be surprised that guys in Japan get off elevators first; “eating and walking is bad; eating fast is good.” She said that as an attorney, she’s found that her gender didn’t hamper her abilities to do business in Japan; depth of knowledge was more important.
Kajikawa Named HSBA Leadership Institute Fellow
July 01, 2009
The Hawaii State Bar Association (HSBA) has named Courtney S. Kajikawa, a firm associate, as one of its 15 fellows of the inaugural class of the Leadership Institute. The fellows are spending six months interacting with members of the Hawaii bench, legislators, government officials, civic and business leaders.
Earlier this year, Kajikawa was named 2009 Chair of the HSBA Probate & Estate Planning section.
The goal of the Leadership Institute is to develop leaders in the legal profession who can excel in Hawaii’s multi-ethnic, multi-cultural environment. Besides professional leadership, the Institute also stresses the importance of community leadership.
“Our members need to be well-equipped to face the challenges the legal profession faces in Hawaii’s diverse environment. The interactive program will enhance those skills essential for success, especially in a diverse community and challenging economy,” said Rai Saint Chu, president of HSBA.
The full text of the HSBA press release on the Institute is available here.
Kupchak, Hastert, McWhinnie and Smith “Best Lawyers”
July 01, 2009
Kenneth Kupchak, Diane Hastert, James McWhinnie and Douglas Smith have been named Best Lawyers of 2009 by the vote of their peers. The 2009 listing is based on more than 2.2 million evaluations of lawyers by other lawyers nationwide. The Hawaii list appears in Honolulu magazine.
The research firm of Woodward/White, publishers of The Best Lawyers in America, has conducted this research for the past 12 years to compile the list of the Best Lawyers in Hawaii.
As Best Lawyers explains, “Voting lawyers were provided this general guideline for determining if a nominee should be listed among “the best”: If you had a close friend or relative who needed a real estate lawyer (for example), and you could not handle the case yourself, to whom would you refer them? All votes and comments were solicited with a guarantee of confidentiality.
“Ultimately, a lawyer’s inclusion is based on the subjective judgments of his or her fellow attorneys. While it is true that the lists may at times disproportionately reward visibility or popularity, the breadth of the survey, the candor of the respondents and the sophistication of the polling methodology largely correct for any biases.”
Ken Kupchak, Diane Hastert and Jim McWhinnie have practices involving complex litigation. Doug Smith’s practice is in the area of estate planning.
Shin is one of Hawaii’s top Forty Under 40
June 17, 2009
Michelle Shin was selected as one of Pacific Business News’ Forty Under 40 in 2009. Awardees, all under the age of 40, are leaders in business and community service and must show a consistent “take charge” attitude, and show a high degree of business acumen and savvy business-like approaches to efficiency and change.
Beyond her legal expertise as a full-service transactional attorney, Shin’s understated approach builds a relationship of loyalty and respect as she provides sound, practical advice.
Her volunteerism extends through the arts, environment and legal activism. She volunteers with the ACLU and serves on the board of the Hawaii State Bar Association, Real Property and Financial Services Sections. She served as Secretary and Vice Chair of the Business Law Section.
She is a role model, especially to women lawyers and other women professionals. She advocates for those who cannot advocate for themselves.
One of the youngest Damon Key directors, Shin represents the progression of the firm in its transition from this generation of partners to the next.
Frank Damon presented O in Life Award
June 03, 2009
Frank Damon, a founding partner of the firm, was presented the O in Life Award, Punahou Alumni Association’s most prestigious award celebrating an individual who exemplifies the ideals of service to Punahou and the community.
Damon, a Hawaii-native, has been practicing law here since 1954. In the years following statehood, he served in Washington DC in the office of Hawaii Senator Hiram Fong, and then served in the state Cabinet as Director of Labor and Industrial Relations. He and Henry Shigekane founded what is now Damon Key Leong Kupchak Hastert in 1963.
Personally and professionally, Damon has fostered values grounded in justice, community service and education. He was an early proponent of interracial harmony in the islands and remains committed to that principle.
Doug Smith Named 2009 Elsine Katz Volunteer Leader of the Year
June 02, 2009
Ray Bishop, Chairman of the Board, Goodwill Industries International; Doug Smith; Laura Robertson, President/CEO, Goodwill Industries of Hawaii
Doug Smith, a director and head of Damon Key Leong Kupchak Hastert’s Estate Planning practice, has been named the 2009 Elsine Katz Volunteer Leader of the Year by Goodwill Industries.
For 13 years Smith worked tirelessly to advance Goodwill Industries’ mission statewide. In particular, he is credited with leading the organization through a two-year $11 million capital campaign to secure five acres of land and build the Ohana Career and Learning Center to serve Leeward Oahu residents. His leadership also helped establish a first-of-its-kind NISH contract providing housing management services for the Army.
Through Smith’s tenure with Goodwill in Hawaii, the organization has grown in vision and scope. Revenues increased by 24 percent, the number of people served by nearly 33 percent, and the number of people placed through Goodwill’s services has nearly doubled. Smith continues to lead the board’s planning for expansion on other islands.
The annual award recognizes an outstanding volunteer leader who strengthens Goodwill programs and helps further the mission of the organization, and who demonstrates exceptional leadership qualities.
Smith has worked as a local volunteer board member since 1995, serving in many roles over the years. He joined the executive committee early on and has remained ever since, serving as Goodwill’s chairman of the board from July 2004-June 2007 and as chairman of the board for Goodwill Contract Services of Hawaii, a separate non-profit entity.
Smith accepted the prestigious award at the Goodwill Industries Delegate Assembly in June in Indianapolis.
Meritas Recertifies DKLKH as Exclusive Hawaii Affiliate
June 01, 2009
Meritas, a global alliance of top-rated business law firms, has recertified its sole Hawai`i affiliate, Damon Key Leong Kupchak Hastert and has appointed Damon Key director James C. McWhinnie to serve a second term as its executive committee vice chair.
An international alliance of more than 170 independent business law firms located in more than 60 countries, encompassing more than 6,000 lawyers, Meritas firms deliver localized legal service of the highest quality on a fully coordinated basis.
“Damon Key has illustrated its continued commitment to client success, highest ethical standards, and industry expertise, which made certain its recertification with Meritas,” said Jean-Paul Bignon, Chairman of Meritas.
Meritas is the only law firm alliance with an established means of monitoring and enhancing the quality of its member firms. Meritas membership sets an elevated benchmark for client satisfaction and case expectations for clients, including in-house counsel.
“Our nearly 20-year Meritas affiliation has given, and continues to give, our clients and us unparalleled, global reach to legal expertise and local knowledge virtually anywhere such expertise and knowledge is needed,” said Jim McWhinnie, a director at Damon Key. “We’re pleased and excited to continue our valued affiliation with Meritas, which enables us to better serve our clients.”
Damon Key Attorneys Named as HSBA Chairs
February 11, 2009
DKLKH attorneys Greg W. Kugle, Mark M. Murakami and Courtney S. Kajikawa have been named 2009 Section Chairpersons of the Hawaii State Bar Association.
Kugle, a director of the firm, will chair the section on Real Property & Financial Services. Murakami, also a director, who heads the firm’s Maritime and Aviation Practice group, will co-chair the Admiralty section, and Kajikawa, an associate, will head the Probate & Estate Planning section.
Kugle concentrates his practice in the area of litigation, including commercial disputes, construction, land use, real estate, antitrust, product liability, personal injury, aviation, bankruptcy, admiralty and Native Hawaiian rights. He has litigated cases before the Hawaii Circuit Courts and the United States District Court, and has handled appeals before the Hawaii Supreme Court and the Ninth Circuit Court of Appeals.
Besides heading the Maritime and Aviation Practice group, Murakami practices in the firm’s Business-Commercial Law, Dispute Resolution and Real Estate & Construction practice groups. Recently, Murakami filed a successful amicus brief before the Supreme Court of the United States in Winter v. Natural Resources Defense Council on behalf of nine retired Navy admirals, the Navy League of the United States—Honolulu Council, and a coalition of military service organizations. Murakami’s blog, http://www.Hawaiioceanlaw.com covers legal issues relating to the ocean and its maritime use in and around Hawaii, Oceania and beyond.
Kajikawa practices in the firm’s Business and Commercial, Estate Planning, and Immigration Practice Groups. A graduate of Occidental College, Kajikawa volunteers her time with the Occidental College Alumni Association, the Honolulu Japanese Chamber of Commerce and the YWCA. Kajikawa has clerked for the Honorable Colleen K. Hirai, Chief Judge of the First Circuit and the current Probate Judge.