Damon Key Leong Kupchak Hastert's articles on Hawaii Law

Charles W. Key (1929 - 2008)

Mon, 27 Oct 2008

It is with deep sorrow that Damon Key Leong Kupchak Hastert mourns the passing of our partner, colleague, and friend Charles W. Key. Charlie died at home September 10, 2008. He was 79. Charlie was a man of wry charm whose legacy in his community, with the Bar, and in our firm which bears his name, is secure. Prior to attending Stanford Law School, he served in the Navy as both an enlisted man and as an officer. He also served as President of the Hawaii State Bar Association, and was instrumental in “unifying” the Bar, requiring that all lawyers become members. Charlie was elected as Hawaii's delegate to the American Bar Association, and also was a member of the ABA Standing Committee on Ethics. He was consistently recognized by his peers as among the Best Lawyers in Hawaii. Of course we shall always remember Charlie as a candid, forthright, and accomplished lawyer. But where he remains in our hearts more deeply is as the friend and mentor who quietly demonstrated to us that the practice of law can be both a personal service and a collegial profession. A calling where consideration and courtesy still have a place even among the most zealous of advocates. Thank you, Charlie, and aloha oe.

Damon Key Attorney Guest Blogs on Lexis-Nexis Insurance blog

Thu, 25 Sep 2008

Damon Key attorney Tred Eyerly guest blogs on Lexis-Nexis Insurance Law Center, analyzing the recent Hawaii Supreme Court decision in Del Monte Fresh Produce v. Fireman's Fund.

Insurance Law Hawaii Named a "Top 50 Blog for Insurance"

Sun, 14 Sep 2008

Insurance Law Hawaii, the law blog authored by Damon Key attorneys Robert Harris and Tred Eyerly, has been selected as one of LexisNexis' Top 50 Blogs for Insurance. Their blog focuses on insurances coverage issues. "These blogsites contain some of the best writing out there on coverage, catastrophic loss, regulatory compliance, life insurance, health care and insurance issues in general. They contain a wealth of information for the insurance community with timely news items, practical information, expert analysis, frequent postings and helpful links to other sites. These blogsites also show us how insurance issues interact with politics and culture. Moreover, they demonstrate how bloggers can impact the world of insurance law and insurance industry issues."

Damon Key Attorney Robert Thomas on Faculty of UH Law School Workshop on Preservation Laws

Sat, 13 Sep 2008

On Saturday, September 27, 2008, Damon Key attorney Robert Thomas will be on the faculty of a workshop sponsored by Ka Huli Ao Center for Excellence in Native Hawaiian Law at the University of Hawaii School of Law, "Hawaii State Historic Preservation Laws: Reclaiming the Past, Shaping the Future." He will be speaking on "Background Principles and Paradigm Shifting: The Role of Property Rights in Historic Preservation Laws." The keynote speaker will be Dr. Patrick Kirch, Departments of Anthropology and Integrative Biology, University of California, Berkeley. The workshop will run from 9:00 am to 2:30 pm, in Classroom #3 at the Law School (2515 Dole Street, Honolulu). There is no registration fee, and the public is welcome to attend. Please RSVP by September 19 to nhlawctr@hawaii.edu.

Transient Vacation Rentals in Hawaii - the Latest Front in the War on Property Rights

Sat, 30 Aug 2008

Gergory W. Kugle | August 2008. Local governments in America have a long and sordid history of exclusionary zoning; using the land use laws to keep out those that a city might deem “undesirable.” In 1917 for example, the United States Supreme Court ruled that a zoning ordinance barring an African-American from acquiring real estate in a Caucasian residential neighborhood was unconstitutional...In Hawai‘i, we are seeing with increasing frequency the latest battleground on who may occupy a residential dwelling. This time, however, the fight is not about whether the occupants are of the right ethnicity, or are sufficiently closely related to each other, or are mentally or physically fit enough to live in the neighborhood.

Damon Key Attorney Tred Eyerly on Insurance Law Seminar Faculty

Sat, 30 Aug 2008

On November 5, 2008, Damon Key attorney Tred Eyerly will be on the faculty of Top 9 Issues in Insurance Coverage in Hawaii. He will be teaching sessions on hurricane and flood insurance after Katrina, and the assignment of insurance policies after Del Monte Fresh Produce (Hawaii), Inc. v. Fireman's Fund Ins. Co.

Illegal Workers: Worksite Enforcement

Sat, 30 Aug 2008

David McCauley | August 2008 - On August 22, 2008, federal agents and police temporarily shut down a condo construction site at Honokawai, Maui and arrested twenty-two illegal immigrant workers. On July 20, U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS) arrested 43 Mexican workers employed in Hawaii by The Farms, an agricultural business. In May, 22 suspected illegal workers were arrested at two restaurants on Maui. In December 2007, 19 foreign workers were arrested on immigration charges at a downtown Honolulu construction site and a Halawa warehouse. These arrests are examples of the nationwide enforcement actions being taken against illegal workers and their employers by DHS/ICE as part of its "comprehensive immigration enforcement strategy for the nation’s interior."

ESTA: The New DHS Pre-Boarding Requirement for 90-Day Visitors to U.S.

Mon, 25 Aug 2008

David McCauley | August 2008 - International travelers who wish to travel to the United States, including Hawai‘i, under the Visa Waiver Program (VWP) are now subject to enhanced Department of Homeland Security (DHS) requirements. All eligible travelers who wish to travel under the VWP must apply for authorization using the DHS/CBP Electronic System for Travel Authorization (ESTA) Web Site. The VWP allows visitors from 27 countries, including Japan, Australia, New Zealand, Singapore and most Western European countries, to visit the U.S. without a visa. The establishment of ESTA implements a recommendation of the 9/11 Commission to create a fully automated electronic travel authorization system to collect such information as DHS deems necessary to evaluate, in advance of travel, the eligibility of the person to travel to the United States, and whether such travel poses a law enforcement or security risk.

Damon Key attorneys file amicus brief in U.S. Supreme Court

Thu, 14 Aug 2008

August 14, 2008 | Damon Key attorneys Robert Thomas, Mark Murakami, and Christi-Anne Kudo Chock filed a brief amicus curiae on behalf of nine retired Admirals and several military organizations in the U.S. Supreme Court case about the Navy's use of sonar off the California coast, Winter v. Natural Resources Defense Council, Inc. No. 07-1239.

Recent Developments in Employment Eligibility Requirements and the E-Verify Online Verification System

Sun, 29 Jun 2008

Caprice Itagaki | June 2008. A few months ago, the Department of Homeland Security (DHS) published new regulations relating to the unlawful hiring or continued employment of aliens who are not authorized to work in the U.S. These new regulations describe the legal obligations of an employer: (1) when the employer receives a “no-match” letter from the Social Security Administration (SSA) informing them that an employee name and reported social security number do not match SSA records, or (2) when the employer receives a letter from DHS notifying the employer of problems with its I-9 employment verification forms. If implemented, these regulations could impose “constructive knowledge” on U.S. employers. Therefore, DHS could conclude that an employer hired illegal workers if the SSA/DHS records are not corrected or the affected employees are not terminated.

June 2008: Christine Kubota Reappointed to Committee on Court Interpreters

Sun, 29 Jun 2008

Christine Kubota has been reappointed and confirmed by Order of Appointment by the Supreme Court of the State of Hawaii to the Committee on Court Interpreters.

January 1, 2008: Mark Murakami is Damon Key's newest Director

Mon, 31 Dec 2007

Please join Damon Key Leong Kupchak Hastert in welcoming Mark M. Murakami as a Director of the firm, effective January 1, 2008. Mark practices in the firm's Business and Commercial Law, 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. 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.

Damon Key's Summer Associate Hiring Process Completed

Sat, 10 Nov 2007

November 2007 update: our Summer Associate hiring recruiting process is complete, and we are no longer accepting applications for Summer Associates for the summer of 2008.

Christine Kubota Honored as one of Honolulu Japanese Chamber of Commerce's Outstanding Members

Mon, 1 Oct 2007

Christine A. Kubota has been selected as one of the two "Outstanding Members" of the Honolulu Japanese Chamber of Commerce and honored at the July Installation Banquet. She was also confirmed as one of the Vice Chairs of the Chamber and continues to serve as the head of the International Business DevelopmentCommittee.

Legal Alert - Best Lawyers, Meritas Benefits, Asset Puchases, Due Process Notice, and Kat Mashima and Caprice Itagaki join Damon Key

Mon, 1 Oct 2007

Download Damon Key's latest Legal Alert (500kb pdf), which includes articles about our five attorneys who have been named by Honolulu Magazine as among "The Best Lawyers in Hawaii," and the firm's participation in Meritas, an invitation-only, closely-integrated group of full-service law firms across the world. Also included are articles about "Ten Fundamental Considerations When Buying a Business," by Michelle Shin, "Return to Sender - Elvis and Notice," by Robert Thomas, and an introduction by the firm's two newest Associates, Kathryn Mashima and Caprice Itagaki.

University of Hawaii Law School - On-Campus Recruiting

Thu, 23 Aug 2007

September 4, 2007: Damon Key is participating in On-Campus Interviews at the University of Hawaii. UH students - contact Career Services for more information, and visit our Careers subweb for more details.

Damon Key attorney presentation on EB5 Visa Program

Wed, 22 Aug 2007

August 31, 2007 | David McCauley will present "Immigrant Investors and the EB5 Visa Program" at the Hawaii Chapter of the Certified Commercial Investment Member (CCIM) Institute. Learn how foreign investors can obtain a visa and remain in the United States through the investment of money and the creation of jobs, and learn how the EB5 Immigrant Investor Visa Program is applied in Hawaii. Consider how you can increase your bottom line when marketing a project to foreign investors.

David McCauley to speak to International Law group

Wed, 22 Aug 2007

September 20, 2007 | David McCauley will be addressing the Hawaii State Bar Association's HSBA International Law Section about the broader aspects of US immigration law.

Immigration Alert: Permanent Resident Cards Without Expiration Dates Must Be Replaced

Wed, 22 Aug 2007

August 22, 2007 | Permanent Resident Cards Without Expiration Dates Must Be Replaced -- USCIS Proposes Rule Setting 120-day Replacement Period by David McCauley.

Damon Key attorney guest on radio talk show

Tue, 21 Aug 2007

August 21, 2007 | Robert Thomas was a guest on Karlos deTreaux and Sandy Brodie's program "Kauai Soapbox" on KKCR-92.7 FM, discussing the recent Hawaii Supreme Court decision in the Kauai charter amendment property tax case.

Diane Hastert interviewed in The Complete Lawyer

Thu, 26 Jul 2007

July 2007: Diane Hastert is interviewed in The Complete Lawyer. This issue is devoted to "The Graying of Lawyers," and Diane's interview is entitled "Don't Waste a Moment." Full article . http://hawaii.thecompletelawyer.com/volume3/issue4/article.php?ppaid=3899.

Damon Key Lawyers Among "The Best Lawyers In Hawaii"

Mon, 1 Jul 2007

7/1/2007. Five Damon Key attorneys have been named by Honolulu Magazine as among "The Best Lawyers in Hawaii" in the July 2007 issue. Kenneth R. Kupchak scored a hat trick by being named in three areas: Commercial Litigation, Construction Law, and Corporate Law. Diane D. Hastert and James C. McWhinnie are also listed in Commercial Litigation. Charles W. Key is listed in Real Estate Law, and Robert H. Thomas is listed in Eminent Domain and Condemnation Law.

Damon Key Attorney to Speak at CFA Investment Conference

Sun, 10 Jun 2007

June 26, 2007 | Naomi Sakamoto will be speaking at the CFA Investment Conference, Investing in a Rapidly Changing World at the Koolau Golf Club.

Immigration Fees Will Increase Dramatically on July 30, 2007

Tue, 29 May 2007

United States Citizenship and Immigration Services (USCIS) has announced dramatic increases in USCIS filing fees to take effect on July 30, 2007. In most cases, the filing fees will be double the current filing fees and, in some cases, even triple.

California Political Review Article by Damon Key Attorney

Sun, 28 May 2007

Robert Thomas | April 2007: California Political Review has published "Government's Creative Assault on Property Tax Relief," an article by Robert Thomas about his pending Hawaii Supreme Court appeal on Kauai property taxes.

Jim McWhinnie Selected as Key Leader of Worldwide Legal Services Alliance

Sun, 28 May 2007

May 28, 2007: At the Meritas Annual Meeting in San Francisco in April, Jim McWhinnie was selected to serve as a Vice Chair, member of the Executive Committee, and Chairman of the Finance Committee. Damon Key has been a member of Meritas since its inception. Meritas is an "invitation only" organization of top-rated, full service business law firms with nearly 200 member firms and over 5,000 lawyers throughout the world.

Jim McWhinnie to Award Historic Golf Title

Sun, 28 May 2007

Jim McWhinnie, the 98th President of Oahu Country Club, will be awarding the 100 year old Manoa Cup to this year's Hawai`i State Amateur Match Play Champion on Saturday, June 16th. The oldest golf tournament in Hawai`i and the 4th longest running golf tournament in the United States – "the historic, prestigious Manoa Cup Championship" will be played at Oahu Country Club June 11 - 16, 2007. The first Manoa Cup Tournament was played at OCC in September 1907. The Manoa Cup is behind only the U.S. Open, U.S. Amateur and The Western Open in longevity.

Military Naturalization: Citizenship Opportunities for Members of the U.S. Armed Forces

Tue, 25 May 2007

David P. McCauley | 5/25/2007. U.S. immigration law contains special provisions to allow members of the U.S. Armed Forces to apply for U.S. citizenship. The provisions apply to members of the Army, Navy, Air Force, Marine Corps, Coast Guard, Certain Reserve components of the National Guard, and the Selected Reserve of the Ready Reserve. Recent changes in the law make it easier for qualified military personnel to become U.S. citizens. In addition, U.S. Citizenship and Immigration Services (USCIS) has created a streamlined process specifically for military personnel serving on active-duty status or recently discharged. As of October 1, 2004, members of the U.S. Armed Forces do not pay a fee when filing for citizenship.

Honolulu's Rail Project: Damon Key Attorney Appears on Hawaii Public Radio Program (mp3)

Thu, 24 May 2007

Robert Thomas was a guest on Jay Fidell's Think Tech Hawaii program on Hawaii Public Radio, discussing legal issues relating to Honolulu's proposed rail transit project. A podcast of the show has been posted.

Who Owns Shoreline Accretion?

Sat, 12 May 2007 13:50:13

The doctrine of accretion and erosion – passed down through the common law of the Hawaiian Kingdom, the Territory, and the State – had always balanced the bitter with the sweet: while an owner lost ownership of land eroded by natural forces, she gained ownership of any accreted land. The Hawaii legislature, however, radically altered that ancient balance. Overthrowing the reciprocal system of accretion and erosion, it instead decreed that the government henceforth owns everything. Under this new one-sided regime, the State not only continues to acquire private lands lost to erosion, but now also owns accreted lands, and no one but the State is able to register or quiet title to accreted land unless upland owners overcome a virtually insurmountable standard of proof.

Business Owners Beware: New Legislation Requires Business Owners to Help Protect Against Identity Theft

Tue, 3 Apr 2007 22:00:13

Noelle B. Catalan | 4/3/2007. According to the Federal Trade Commission, cases of identity theft rose nearly 265% from 2001 through 2005. Statistics additionally show that Hawaii is ranked 25th in the nation for identity theft and 13th in the nation for fraud complaints. Confronted with these ever-increasing concerns, in May 2006, Governor Lingle signed several new bills into law which aim to increase protection for Hawaii residents from identity theft; some of these laws will have a direct impact on Hawaii businesses. Two of these laws, Act 135 "Notification of Security Breaches" and Act 136 "Destruction of Personal Information" went into effect on January 1, 2007.

Damon Key's Legal Alert (Jan. - Mar. 2007) Now Available

Wed, 28 Mar 2007 14:40:00

The Legal Alert (Jan. - Mar. 2007) is available for download. Inside are articles on business law, immigration updates, and the law of insurance coverage. It also features a profile of Michelle Shin, Damon Key's newest Director.

Christine Kubota on the Board of Honolulu Hiroshima Kenjin Kai

Fri, 16 Mar 2007 17:37:13

March 11, 2007 - Christine Kubota has been nominated and confirmed to the Board of the Honolulu Hiroshima Kenjin Kai. Ms. Kubota also serves on the Board of the Honolulu Japanese Chamber of Commerce.

Podcast: Robert Thomas on potential constitutional problems in single-class legislation

Sat, 10 Mar 2007 20:50:13

Damon Key attorney Robert Thomas appeared on Jay Fidell's Hawaii Public Radio program, commenting on potential constitutional problems with legislation targeting specific individuals or companies. Podcast available on HPR's site (comments begin at 19 minute mark).

Seeking Attorney Fees after a Coverage Dispute Resolved in Arbitration

Mon, 5 Mar 2007 20:50:13 -1000

Tred Eyerly | 3/5/2007. Damon Key Insurance Law Group attorney Tred Eyerly posts an article about the availability of attorneys fees in insurance matters. An excerpt: "An insured who is denied coverage under an insurance policy may decide to challenge the insurer’s denial through either litigation or arbitration. An insured may find challenging an insurer’s denial of coverage a formidable task. However, the legislature sought to balance inequities by providing that prevailing insureds may recover attorney fees and costs. The potential to recover attorney fees provides an incentive to an insured to pursue litigation or arbitration against an insurer who denies coverage. Under Haw. Rev. Stat. § 431:10-242, an insured, who successfully challenges the insurance company’s denial of coverage and obtains an order by the court that the insurer pay benefits under the policy, is entitled to recover reasonable attorney fees."

David McCauley to speak in Puerto Rico on immigration issues in the construction industry

Sun, 4 Mar 2007 20:50:13 -1000

Apr. 11, 2007: David McCauley will be on the panel for Employmment-Related Immigration Issues in the Construction Industry at the ABA Forum on the Construction Industry's annual meeting in San Juan, Puerto Rico.

Department of Homeland Security Proposes Dramatic Fee Increases for Immigration Filings

Tue, 27 Feb 2007 20:50:13 -1000

David P. McCauley | 2/5/2007. The Department of Homeland Security, U.S. Citizenship and Immigration Services, has announced its intention to dramatically raise the filing fees for nearly all petitions and applications. The complete proposed rule was published in the Federal Register on February 1, 2007 (Volume 72, Number 21, pages 4887-4915).

Jim McWhinnie Reappointed to Special Committee on Judicial Performance

Tue, 20 Feb 2007 20:50:13 -1000

Jim McWhinnie has been reappointed by the Supreme Court of Hawaii to the Special Committee on Judicial Performance for another three-year term.

Damon Key Real Estate and Property Law attorneys to speak at UH Law School

Sat, 17 Feb 2007 20:50:13 -1000

On Thursday, February 22, 2007, Damon Key property and real estate lawyers Michelle Shin, Sat Freedman, and Robert Thomas will be panelists at the University of Hawaii Law School's session on careers in property law. Contact the Office of Career Services for more information and details.

Greg Kugle interviewed on KHON-TV2 about eminent domain laws

Tue, 6 Feb 2007 20:50:13 -1000

Greg Kugle interviewed on KHON-TV2 about eminent domain laws, and the attempts to remedy procedural and substantive unfairness in the current process. Includes video.

Emerging Insurance Issues

Sun, 4 Feb 2007 20:50:13 -1000

In this article published by the Hawaii Bar Journal, Damon Key's Insurance Law practice group and a University of Hawaii Law School professor briefly describe some emerging insurance issues. Topics include the recovery of attorney fees by Tred Eyerly, the reasoning and meaning of Burlington Ins. Co. v. Oceanic Design and Constr., Inc. by Robert Harris, and tips on how to avoid Burlington's impact by Noelle Catalan.

Hawaii Supreme Court Oral Arguments in Property Tax Revolt Appeal

Tue, 30 Jan 2007 20:50:13 -1000

On February 22, 2007, the Hawaii Supreme Court will hear oral arguments in the case of Kauai's property tax revolt. Damon Key's Robert Thomas represents Kauai homeowners who intervened in a government-versus-itself lawsuit, which aimed to strike down the Ohana Kauai charter amendment.

Environmental law update slide presentation

Sun, 21 Jan 2007 20:50:13 -1000

Slides from the presentation by Robert Harris on environmental law update at the Advanced Land Use and Zoning in Hawaii seminar (pdf).

Michelle Shin has become a Director of the firm.

Fri, 12 Jan 2007 20:50:13 -1000

Ms. Shin will continue practicing business, real estate, employment, intellectual property, and immigration law.

Strategies to Keep Your Insurance and Your Defense in Construction Defect Cases

Mon, 18 Dec 2006 20:50:13 -1000

Mark Murakami | 12/18/2006. Just when you breathed a sigh of relief after completing that major construction project on time and under budget with no disputes from the developer or general contractor, you find yourself served with a state court complaint alleging defective design or construction and negligence, along with breach of the construction contract and breach of warranty. The developer and general contractor cross-claim against you. Before you have a chance to contact Damon Key, the federal judge has ruled against you, citing the recent Ninth Circuit decision in Burlington Insurance Company v. Oceanic Design and Construction, Inc., and saying that the alleged defective construction work was a breach of contract that was not covered under your insurance policy. How did this happen? Is this the insurance that you paid for? Is this the end? How can you organize your insurance coverage to avoid this decision.

Passports Required for Western Hemisphere Visitors to the U.S. Effective January 23, 2007.

Sat, 16 Dec 2006 20:50:13 -1000

The Department of Homeland Security and the Department of State announced that as of 1/23/07, all U.S. citizens and nonimmigrant aliens from Canada, Bermuda and Mexico will be required to present a valid passport at air ports-of-entry when departing from or entering the U.S. from within the Western Hemisphere.

NOTICE: E-2 Company Registration

Tue, 7 Nov 2006 20:50:13 -1000

A new requirement has been put in place for E-2 corporations registered at the American Embassy in Tokyo or American Consulate in Osaka, Japan. All E-2 corporations are required to file a supplemental DS-156E registration form annually in order for your corporation to maintain E-2 registration status.

Noelle B. Catalan has joined the firm as an Associate

Sun, 5 Nov 2006 20:50:13 -1000

Please join us in welcoming Noelle B. Catalan to the firm as an Associate. She in a 2006 graduate of the University of Hawaii School of Law, and she completed her undergraduate studies at USC. She is practicing in the Dispute Resolution and Real Estate and Construction Practice Groups.

Purchasing a Commercial Property: Regulations, Contamination, and Liability

Thu, 26 Oct 2006 20:50:13 -1000

Robert D. Harris | 10/26/2006. Strict environmental regulations can significantly increase the cost of purchasing a commercial or industrial property. In a nutshell, any owner or prospective purchaser must factor in the potential liability and cleanup costs for any particular piece of property, i.e., if you buy the property, you also buy the pollution on the property and all of the related headaches. The cost of cleaning up and litigating a typical contaminated site could easily approach the million dollar range, which is enough to scare away most prospective purchasers.

Muddying the Clean Water Act

Wed, 6 Oct 2006 20:50:13 -1000

Robert H. Thomas | 10/6/2006. Hawaii property owners, especially those near the ocean or a stream, should pay special attention to the U.S. Supreme Court’s latest decision interpreting the federal Clean Water Act. The Act is designed to keep pollution out of “navigable waters,” but what does that term mean? The answer is not as simple as it may appear. As strange as it sounds, “navigable waters” includes much more than waters that are actually navigable.

Shorelines, Setbacks, and Seawalls

Sat, 1 Sep 2006 13:00:00 -1000

Sat K. Freedman | 9/4/2006. The vast majority of Hawaii’s population lives and works near the state’s 1,052 miles of shoreline. Some scientists believe that this large coastal population has had dramatic effects on the shoreline environment. While preserving shorelines for environmental, aesthetic, and economic reasons is a professed goal of government, unfortunately this goal is often pursued at the expense of the property rights of coastal property landowners. Among the critical issues facing shoreline owners are where and how the legal “shoreline” is located, the size of the buildable zone on their parcels, and how erosion may affect their property rights.

Buyers and Sellers Beware

Tue, 29 Aug 2006 20:50:13 -1000

Trisha M. Blake | 8/29/2006. There appears to be a rapidly growing trend of buyers and sellers in real estate sales seeking specific performance on DROA (Deposit Receipt Offer and Acceptance) Agreements. The increase in suits for specific performance may be tied to the ever-appreciating real estate market in Hawaii. A buyer purchasing a home may change its mind when he/she realizes the true cost of such a purchase (especially when additional fees and closing costs are factored in). Conversely, a seller may be reluctant to sell after accepting an offer when he/she realizes that a much higher price could be obtained. Regardless of the motivation, the message is clear: Buyers and Sellers Beware.

Do You Have to Yell "Fore" Anymore? Golfer and golf course liability and the Hawaii Supreme Court case Yoneda v. Tom

Sat, 26 Aug 2006 20:50:13 -1000

Gregory W. Kugle | 8/26/2006. The Hawaii Supreme Court recently considered whether a golfer and a golf course owner could be liable to another golfer hit by an errant ball. In a unanimous opinion released on April 28, 2006, the Court gave guidance to Hawaii's golfers and golf course owners concerning if and when they may be held liable to an injured golfer. In Yoneda v. Tom, the plaintiff, Yoneda, was injured when he was struck in the eye by an errant ball hit by Tom from the fifth fairway of the Mililani Golf Course. The ball struck Yoneda after his golf cart emerged from behind a restroom building, as he was proceeding from the fifth hole to the sixth hole tee box. Tom did not yell any warning to Yoneda before Yoneda was struck by Tom's ball. Yoneda sued Tom and Sports Shinko, the owner of the golf course.

Development Agreements and Vested Rights Law Review Article Published

Mon, 28 Aug 2006 20:50:13 -1000

Real Estate and Construction Practice Group | 8/28/2006. Damon Key attorneys Kenneth R. Kupchak, Gregory W. Kugle, and Robert H. Thomas have published a major article on the land use and development process in the latest edition of the University of Hawaii Law Review. The article, "Arrow of Time: Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii," 27 U. Haw. L. Rev. 17 (2004) (published February 2006), analyzes when in the development process a property owner's rights have "vested" and the government must allow a permitted development to be completed.

Business Protection in a Commercial Lease: Tenant and Landlord Perspectives of the Use Provisions

Tue, 1 Aug 2006 20:50:18 -1000

Todd W. Hirai | 7/1/2006. There is a natural tension between tenants and landlords when it comes to the "use" provisions of a commercial lease. Tenants want a broad use provision enabling them to have the flexibility to change their business should the need arise. Landlords, on the other hand, want a limiting provision to focus a tenant on a particular category or type of business. Despite this tension, both landlord and tenant can reach a compromise that benefits both. A key to this compromise is to understand both the tenant's and landlord’s perspectives.

Kelo Exposes Deeper Problems With Eminent Domain

Fri, 17 Feb 2006 19:48:03 -1000

Robert H. Thomas | 2/17/2006. "You work for the American dream - you don’t steal it." So says the protagonist to his cohorts in the 1998 film A Simple Plan, after finding a duffel bag laden with cash. Last summer’s U.S. Supreme Court decision in Kelo v. City of New London triggered a visceral reaction nationwide because it revealed that the government could steal the American dream from innocent homeowners. Not surprisingly, the public is shaken that the Court would condone the use of eminent domain to bulldoze homes to make way for a hotel, health club, and marina.

Clearing up IP Confusion

Tue, 23 May 2006 20:50:13 -1000

Michelle M. Shin | 5/10/2006. Do you know how to protect your brand? Many businesses invest large amounts of time and money to develop a "brand." If you are one of these businesses, do you know if your brand is a trademark, service mark, and/or a trade name, and do you know how to protect it?

Business Succession in Hawaii

Wed, 26 Oct 2005 20:50:16 -1000

Courtney S. Kajikawa | 10/26/2005. Over the course of their careers, Vernon Rudolph, founder of Krispy Kreme, and Joe Robbie, owner of the Miami Dolphins and the Joe Robbie Stadium, became two of the most successful entrepreneurs in America. When Rudolph died in 1973, Krispy Kreme was sold and eventually acquired by Beatrice Foods. Sadly, because there was no business succession plan in place, Rudolph's family forfeited the Krispy Kreme empire. Likewise, in order to settle estate taxes, the Robbie family was forced to sell their ownership in the Dolphins and the stadium named after its former owner. One of the primary reasons that businesses like these fail to succeed from one generation to the next is lack of planning. Whether you're the owner of Krispy Kreme or the owner of a small, closely held business, planning ahead is key to maintaining your business's success. This is where a business succession plan plays a critical role.

Eminent Domain: The Offer You Can't Refuse

Sun, 21 Aug 2005 20:50:18 -1000

Robert H. Thomas | 8/2005. In June 2005, the U.S. Supreme Court approved the radically un-American notion that you own your property only as long as someone more influential doesn't want it. In Kelo v. New London, the Court allowed a Connecticut redevelopment agency to use eminent domain to seize perfectly good homes in a working-class neighborhood and turn them over to a private developer. The homes will be demolished, replaced by a fashionable hotel, health club and marina to support a neighboring facility for the pharmaceutical company, Pfizer.