News
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.