H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G
November 2, 2018 ◊ Hawaii Convention Center1801 Kalakaua Ave. ◊ Honolulu, HI 96815
2018 BAR CONVENTION & ANNUAL MEETING
Vendor Expo
HSBA Annual Meeting & Awards
CLE CreditCourses
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G
SEMINARS
1 1
Appellate Seminar, Room 305A • Appealable Final Judgments, Orders and Decrees, and Appellate Jurisdiction • Procedural Practice Pointers • Appellate Panel
Construction Law Seminar, Part 1 of 2, Room 307AB • Understand Terms and Conditions for Construction Contracts • Review Mechanics’ Liens and the Miller Act Bond Law • Identify How to Handle Contract Disputes and Payment Disputes • Examine How to Handle Delays and Time Disputes, and Bid Protests • Review Mediation and Arbitration Practice • Interactive Question and Answer Session
Environment, Energy & Resources (EERS) Seminar, Part 1 of 2, Room 308A • Due Process and the Right to a Clean and Healthful Environment: The Hawaii Supreme Court Decision: In Re Maui Electric Company • The “No-Contact” Rule: Can or No Can? • Balancing Competing Water Demands Under the Public Trust Doctrine: Exploring the Decision to Amend East Maui’s Interim In-stream Flow Standards Family Law Seminar, Part 1 of 2, Room 304AB • Hawaii Divorce Manual 9th Edition 2018 Supplement • DV and the Military: The Camouflage Connection • Military Pension Division: Crossing the Minefield
Real Property and Financial Services (RPFSS) Seminar, Part 1 of 2, Room 301AB • Introductory Remarks • Introduction to Real Estate Sale Transactions • Introduction to the Hawaii Real Estate Brokerage Industry • Negotiating and Documenting Commercial Real Estate Sale Transactions
MORNING SEMINARS 9:00 A.M. - 12:00 P.M.
AFTERNOON SEMINARS 2:15 P.M. - 5:15 P.M.
ANNUAL MEETING: LUNCH & KEYNOTE 12:15 P.M. - 2:00 P.M., RM. 313ABC
CHECK-IN, MORNING REFRESHMENTS, EXHIBITORS’ EXPO8:00 A.M. - 9:00 A.M.
Construction Law Seminar, Part 2 of 2, Room 307AB • Understand Terms and Conditions for Construction Contracts • Review Mechanics’ Liens and the Miller Act Bond Law • Identify How to Handle Contract Disputes and Payment Disputes • Examine How to Handle Delays and Time Disputes, and Bid Protests • Review Mediation and Arbitration Practice • Interactive Question and Answer Session
Environment, Energy & Resources (EERS) Seminar, Part 2 of 2, Room 308A • At the Crossroads of Real Estate and the Environment: How Green Building is Charting a Course for Hawai’i’s Future • An Inside Look at Critical Environmental Negotiations: Climate Change and the Paris Agreement; Species Protection and the Convention on Biological Diversity; Ocean Conservation and the Law of the Sea Convention Family Law Seminar, Part 2 of 2, Room 304AB • Recent Developments in Military Pension Division • You Can’t Do That!” - Limits, Prohibitions and Work-Arounds in Military Pension Division Cases • Military Family Law and Professional Ethics
Law Practice Technology & Artificial Intelligence Seminar, Room 305A • Technological Advances in Legal Research • Mobile Devices in the Workplace • Legal Tech Selection
Real Property and Financial Services (RPFSS) Seminar, Part 2 of 2, Room 301AB *ends @ 4:15 P.M. • Title Matters • Tax Considerations in the Sale of Real Estate • Enforcement of Real Estate Transactions • Closing Remarks
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G
22
4455
8877
6699
301B
301A
303A
303B
305A
305B
307A
307B
308A
308B
309
318B
318A
321A
321B
319B
319A
322A
322B32
3A
323B
323C
32432
5A32
5B
306B
306A
304B
304A
302B
302A
313C
311
312
313A
313B
ALA
HALA
WAI
“CEN
TER
CONC
OURS
E”
PĀ K
ALIH
ICO
URTY
ARD
ALA
HALA
WAI
“CEN
TER
CONC
OURS
E”
PĀ K
ALIH
ICO
URTY
ARD
326B
327
328
316C
316B
316A
315
314
317A
326A
317B
PĀ K
AMAL
I`I“C
HILD
REN’
S COU
RTYA
RD”
PĀ K
AMAL
I`I“C
HILD
REN’
S COU
RTYA
RD”
PĀ K
ALOK
A“C
HARL
OT CO
URTY
ARD”
PĀ K
ALOK
A“C
HARL
OT CO
URTY
ARD”
310
310
PĀLO
LO MĀNO
A MAKIK
I
O`AH
U
KAUA
`I
NI`IH
AU
O`AH
U
WAI
LANI
WAT
ERFA
LL
KALIA
HELU
MOA
WAIKĪ
KĪ
MAUI
MAUI
MOLO
KA`I
LĀNA
`I
KAHO
`OLA
WE
320
EMAL
ANI
THEA
TER
LILI`U
THEA
TER
BALC
ONY
PORT
E CO
CHER
EPO
RTE
COCH
ERE
GIFT
OF W
ATER
STAT
UE
SERVICE CORRIDOR SERVICE CORRIDOR
SERVICE CORRIDOR SERVICE CORRIDOR
KAHA
KAI D
RIVE
KAHA
KAI D
RIVE
ALA W
AI PR
OMEN
ADE
ALA W
AI CA
NAL
KAPI`
OLAN
I BOU
LEVA
RD
ATKIN
SON
DRIV
E
To Al
a Wai
Yach
t Harb
or
To Al
a Moa
na Be
ach P
ark
GRAN
D ST
AIRC
ASE
GRAN
D ST
AIRC
ASE
MA
IN L
OBB
Y (L
evel
1)
MA
IN L
OBB
Y (L
evel
1)
LOAD
ING
DO
CK (L
evel
1)
PARK
ING
(Lev
el 2
)
To W
aikīkī
/Dia
mond
Head
KALĀ
KAUA
AVEN
UE80
8
First
aid
Info
rmat
ion de
sk
Busin
ess c
ente
r3Lev
el
LE
GE
ND
3M
EE
TI
NG
RO
OM
/ T
HE
AT
ER
S
Restr
oom
(Men
)
Restr
oom
(Wom
en)
Eleva
tor
Esca
lator
(3rd
& 4t
h FL)
Esca
lator
(2nd
FL Pa
rking
)
Wat
er fo
unta
in
ATM
Vend
ing ar
ea
Bottl
e �lle
r
Smok
ing ar
ea
Park
ing
Plant
s / gr
ass a
rea
Entra
nce
LCD
boar
d
Auto
mat
ic en
try do
or
Serv
ice co
rrido
r
(Ala
Hōkū
)
808 C
afe80
8
De�b
rillat
orA
ED
Art D
isplay
AR
T
AR
TA
ED
Com
plim
enta
ryW
i-Fi A
rea
Conn
ect t
o : H
awai
i Fre
e W
i-Fi
AR
TA
RT
AR
T
AR
T
AR
T
1 2
MAPR
OO
M A
SSIG
NM
ENTS
App
ella
teR
oom
305
A 9:
00 a
.m. -
12:
00 p
.m.
Con
stru
ctio
n La
wR
oom
307
AB9:
00 a
.m. -
12:
00 p
.m.
2:15
p.m
. - 5
:15
p.m
.
EER
SR
oom
308
A9:
00 a
.m. -
12:
00 p
.m.
2:15
p.m
. - 5
:15
p.m
.
Fam
ily L
awR
oom
304
AB9:
00 a
.m. -
12:
00 p
.m.
2:15
p.m
. - 5
:15
p.m
.
Tech
nolo
gy &
A.I.
Roo
m 3
05A
2:15
P.m
. - 5
:15
p.m
.
RPF
SSR
oom
301
A B
9:00
a.m
. - 1
2:00
p.m
.2:
15 p
.m. -
4:1
5 p.
m.
Exhi
bito
rs’ E
xpo
Roo
m 3
06AB
8:00
a.m
. - 4
:00
p.m
.
Ann
ual M
eetin
g:Lu
nch
& K
eyno
teR
oom
313
ABC
12:1
5 p.
m. -
2:1
5 p.
m.
R
egis
trat
ion
Des
k
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 3
KEYNOTE ADDRESS
Mark E. Recktenwald was sworn in as Chief Justice of the Hawaii Supreme Court on September 14, 2010. He joined the Supreme Court as an Associate Justice on May 11, 2009, and previously served as Chief Judge of the Intermediate Court of Appeals beginning in April 2007.
Prior to his appointment to the Intermediate Court of Appeals, Recktenwald served as the director of the Department of Commerce and Consumer Affairs, as an Assistant United States Attorney for the District of Hawai`i, and as an attorney in private practice.
He received his undergraduate degree from Harvard University and his Juris Doctorate degree from the University of Chicago.
CHIEF JUSTICE MARK E. RECKTENWALDHawaii Supreme Court
Room 313ABC
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 4
EXHIBITORS’ EXPO GOLD SPONSOR Room 306AB
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 5
EXHIBITORS’ EXPO BRONZE SPONSORS
48
lawpay.com/hsba | 866-376-0950
MER
CER 88396 HI Convention Ad 2018
Trim size: 4"x 5.5" Bleed size: 4"x 5.5" Live Area: NA Colors: 4C=(CMYK)
Get your quote today! www.HSBAinsurance.com (866) 486-1946
Program Administered by Mercer Health & Benefits Administration LLC
AR Insurance License #100102691CA Insurance License #0G39709
In CA d/b/a Mercer Health & Benefits Insurance Services LLC
88396 Copyright 2018 Mercer LLC. All rights reserved.
*American Bar Association, Profile of Legal Malpractice Claims 2012-2015Insurance products underwritten by Westport Insurance Corporation, Overland Park, KS, a member of Swiss Re Corporate Solutions.
24% of all legal malpractice suits are for ADMINISTRATIVE ERRORS;
while 14% are for CLIENT RELATIONS ERRORS
and only 9% are for INTENTIONAL WRONGS.*
More lawyers are sued for ADMINISTRATIVE ERRORS like FAILING TO FILE DOCUMENTS and SIMPLE MATHEMATICAL ERRORS than fraudulent acts, violations of civil rights or failure to follow a client’s instructions.
WHAT IF IT HAPPENS TO YOU? Professional liability insurance protects
you, your family and your finances if you find yourself on the wrong side of
a lawsuit. But don’t trust the safety of your future to just anyone.
PROLIABILITYSM LAWYERS PROGRAM
This plan is administered by Mercer Health & Benefits
Administration LLC with more than 40 years of experience insuring lawyers. Mercer has
partnered with Swiss Re Corporate Solutions, a long-term respected provider of Lawyers Professional
Liability Insurance.
88396 HSBA Directory Ad.indd 1 9/26/18 2:53 PM
Room 306AB
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 6
EXHIBITORS’ EXPO
Planning Services Hawaii, Inc.PSH Insurance, Inc.
Room 306AB
LEARN MORE AT
www.hsba.org
LEARN MORE AT
INNOVATIONSTANDARDCOMES
FASTCASE IS ONE OF THE PLANET’S MOST
INNOVATIVE LEGAL RESEARCH SERVICES,
AND IT’S AVAILABLE FREE TO MEMBERS OF
THE HAWAII STATE BAR ASSOCIATION.
®
https://bit.ly/2DiBw1N
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 7
EXHIBITORS’ EXPO Room 306AB
The Caregiver Foundation Extending your client care with Fiduciary management Guardianship Services Conservatorship Services Care Coordination—and much more Call 808-625-3782
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 8
APPELLATE SEMINAR
• Appealable Final Judgements, Orders and Decrees, and Appellate Jurisdiction (1 CLE) Speaker: Daniel J. Kunkel
MORNING SESSION 9:00 A.M. - 12:00 P.M.
• Appellate Panel (1 CLE) Speakers: The Honorable Mark E. Recktenwald, The Honorable Lisa M. Ginoza & Solicitor General Clyde Wadsworth
Mr. Kunkel will provide an overview of several key issues relating to appellate jurisdiction: what parties and trial courts must do in order to perfect an aggrieved party’s right to assert an appeal from the circuit courts, district courts, and family courts; exceptions to the general rule that a notice of appeal divests a trial court of jurisdiction; the various times when jurisdiction returns to a trial court at the conclusion of an appeal before the ICA and Hawaii Supreme Court; and how a party may attempt to convince a trial court to extend the thirty-day time period for filing a notice of appeal under HRAP Rule 4.
• Procedural Practice Pointers (1 CLE) Speaker: Randy Pinal
Mr. Pinal will offer a unique perspective from inside the Intermediate Court of Appeals to discuss fundamental appellate procedural requirements and provide helpful suggestions to avoid missteps, distractions, and delays. Topics include protecting personal information, electronic filing, record on appeal, motions, briefs, and bankruptcy.
The Chief Justice, the Chief Judge, and the Solicitor General will answer questions posed by a moderator on appeal procedure including advice and practice tips for improving appellate practice, including related to motions, brief writing and/or oral argument. If time permits, the panelists will take questions from the audience.
Randy Pinal has been the Hawaii Intermediate Court of Appeals’ Supervising Staff Attorney since 2012. He serves on the standing committee to review the Hawaii Rules of Appellate Procedure, the Hawaii Board of Bar Examiners, and several committees charged with implementing the Judiciary’s 20/20 Strategic Plan. He previously served as a Supervising Deputy Attorney General in the California Attorney General’s Office, where he practiced civil, criminal, and administrative law at all levels in state and federal court, and received the Attorney General’s Award for Outstanding Client Representation. He also was a contributing author and editor of the American Indian Law Deskbook.
RANDY PINALSeminar: Procedural Practice Pointers
Daniel J. Kunkel has worked as a staff attorney for the Hawaii Intermediate Court of Appeals from 2006 to the present, and for the Supreme Court of Hawaii from 2002 to 2006. Prior to that, he clerked for Justice Paula Nakayama of the Supreme Court of Hawaii for two years, and worked as a litigation attorney for a total of six years for the Honolulu Department of Corporation Counsel, the law firm of McCorriston Miller Mukai MacKinnon, and the law firm of Ashford & Wriston. He taught Legal Practice II as an adjunct professor for two years at the William S. Richardson School of Law, and he currently serves as an active member of the Hawaii Board of Bar Examiners. Daniel received his Juris Doctor degree from the University of San Diego School of Law in 1993, and his Bachelor of Arts degree in German and English from the University of Wisconsin – Madison in 1988. He has been admitted to practice law in California, the District of Columbia, Hawaii, Florida, Colorado, Minnesota, and New Mexico.
DANIEL J. KUNKELSeminar: Appealable Final Judgements, Orders and Decrees, and Appellate Jurisdiction
Room 305A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 9
APPELLATE SEMINAR
Clyde Wadsworth is the Solicitor General for the State of Hawaii. He has more than 30 years of litigation experience, a Martindale-Hubbell AV-Preeminent rating, and has been nationally recognized as one of America’s Best Lawyers in commercial litigation. In addition, Clyde is proud to have served as pro bono counsel in several significant cases brought to safeguard LGBT civil rights, including Romer v. Evans, the groundbreaking constitutional challenge to a Colorado law that banned non-discrimination measures. In 2014, he successfully argued Hawaii’s marriage equality case, Jackson v. Abercrombie, before the U.S. Ninth Circuit Court of Appeals. Clyde received his bachelor’s degree magna cum laude in Politics from Princeton University and his law degree from the UCLA School of Law, where he served as an editor of the UCLA Law Review.
CLYDE WADSWORTHSeminar: Appellate Panel
THE HONORABLE MARK E. RECKTENWALDSeminar: Appellate Panel
Mark E. Recktenwald was sworn in as Chief Justice of the Supreme Court on September 14, 2010. He joined the Supreme Court as an Associate Justice on May 11, 2009, and previously served as Chief Judge of the Intermediate Court of Appeals beginning in April 2007. Prior to his appointment to the Intermediate Court of Appeals, Chief Justice Recktenwald served as the Director of the Department of Commerce and Consumer Affairs, as an Assistant United States Attorney for the District of Hawai`i, and as an attorney in private practice. He received his undergraduate degree from Harvard University and his law degree from the University of Chicago.
Lisa M. Ginoza was sworn in as Chief Judge of the Intermediate Court of Appeals on April 24, 2018. Prior to being appointed to her current position, she was appointed as an Associate Judge of the Intermediate Court of Appeals on May 6, 2010. A graduate of the William S. Richardson School of Law, Chief Judge Ginoza served as a law clerk to the Honorable Samuel P. King, Senior Judge, U.S. District Court for the District of Hawaii. She then entered private practice with the law firm of McCorriston Miller Mukai MacKinnon, where she became a partner and over the course of fourteen years had an extensive civil litigation practice. In January 2005, Chief Judge Ginoza was appointed to serve as First Deputy Attorney General for the State of Hawaii. She has served in this position until her appointment to the Intermediate Court of Appeals in 2010. Chief Judge Ginoza is a Kailua High School graduate and received her undergraduate degree from Oregon State University, with highest distinction. She has served as an Adjunct Professor in Appellate Advocacy at the William S. Richardson School of Law.
THE HONORABLE LISA M. GINOZASeminar: Appellate Panel
Room 305A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 10
CONSTRUCTION LAW SEMINAR
Construction Law Seminar, Part 1 & 2 • Understand Terms and Conditions for Construction Contracts (1 CLE)
• Review Mechanics’ Liens and the Miller Act Bond Law (1 CLE)
• Identify How to Handle Contract Disputes and Payment Disputes (1CLE)
• Examine How to Handle Delays and Time Disputes, and Bid Protests (1 CLE)
• Review Mediation and Arbitration Practice (1 CLE) • Interactive Question and Answer Session (1 CLE)
Speakers: Gerald S. Clay, Karin L. Holma & John P. Manaut
MORNING SESSION 9:00 A.M. - 12:00 P.M. &
AFTERNOON SESSION 2:15 P.M. - 5:15 P.M.
Gain the competitive edge you need from our locally experienced construction faculty. This seminar includes the Hawaii Construction Law & Mechanics Liens manual.
John P. (Pete) Manaut is a partner in Carlsmith Ball LLP’s Honolulu office, where he has practiced construction and real property litigation for 33 years. Mr. Manaut has represented owners, architects, contractors, and subcontractors in hundreds of disputes involving contracts, torts, construction defects, insurance, warranty claims, asbestos, mold, mechanics’ liens, bond claims and the Contractor’s Repair Act. He taught Construction Litigation at UH’s Richardson School of Law in the Fall 2016, and has been listed since 2011 in Chambers USA: America’s Leading Lawyers for Business for Litigation, as well as Benchmark Litigation for Hawai’i.
JOHN P. MANAUT
Karin L. Holma is a partner at Bays Lung Rose & Holma where she has been in construction lawyer for 25 years. Her practice focuses on all aspects of construction law, including review and negotiation of contracts, handling of bid protests and insurance issues, negotiation, mediation, arbitration, and litigation of construction disputes. She has represented contractors, owners, architects, engineers, and others in numerous construction cases. She is recognized by the Best Lawyers in America® for Construction Law and by Super Lawyers for Construction and Business Litigation.
KARIN L. HOLMA
Gerald S. (Jerry) Clay is listed in the Best Lawyers in America® and Super Lawyers for the categories of Construction Law and Alternate Dispute Resolution. A founding partner in the law firm of Clay Chapman Iwamura Pulice & Nervell, his professional focus is on the continuing needs of developers, contractors, subcontractors, engineers, material suppliers, and sureties. A 22-year member of the General Contractors Association of Hawaii, he is a past national director of the American Arbitration Association. Mr. Clay has taught construction law at the University of Hawaii Law School. He is a graduate of the University of Michigan Law School.
GERALD S. CLAY
Room 307AB
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 11
ENVIRONMENT, ENERGY & RESOURCES SECTION
Environment, Energy & Resources Seminar, Part 1 • Due Process and the Right to a Clean and Healthful Environment - The Hawaii Supreme Court Decision: In Re Maui Electric Company (1 CLE) Speakers: Kylie Wager Cruz & Randall Whattoff Moderator: Joanna Zeigler
MORNING SESSION 9:00 A.M. - 12:00 P.M.
The Hawaii Supreme Court, in its recent decision, In re Maui Electric Company, tackled the issue of whether the right to a clean and healthful environment as guaranteed by Hawaii’s Constitution and defined by State law is a protectable property interest for which due process rights attach. Arising from a motion to intervene in a contested case hearing, this case raises key constitutional issues for those handling proceedings before State agencies and other governmental bodies. The panel will discuss the case and the implications of the Supreme Court’s decision going forward.
• The “No-Contact” Rule: Can or No Can? (1 Ethics CLE) Speaker: James Kawachika Moderator: Emily Gardner
A fundamental ethical rule is that a lawyer, in representing a client, cannot contact or otherwise communicate about the subject of the representation with a person they know to be represented in the matter by another lawyer without the consent of the other lawyer or unless authorized by law to do so. The rule, nicknamed the “no-contact” rule, may initially appear to be straightforward, but there are potential pitfalls in certain practical application of the rule. This session will consider various scenarios where application of the “no-contact” rule may present complications or traps for the unwary. Consider the following:
• Even if a lawyer is not able to communicate with a represented party, can the lawyer’s client nonetheless communicate on his/her own with that party without the presence of that party’s lawyer?
• And if the lawyer’s client can communicate on his/her own with the represented party, can his/her lawyer coach or assist as to what should be said to the party or what information he/she should try to obtain from the other party, i.e., can the lawyer “script” or “mastermind” a client’s communication with the party?
• And if the lawyer can assist or coach her client in communicating with the represented party, are there any limits to how much or what kind of assistance or coaching can occur before the lawyer crosses the ethical line?
• What if the lawyer is the client or is acting pro se in the matter? Should that make a difference in whether the lawyer is able to communicate directly with a represented party? Or, does simply being a lawyer effectively quash the ability to speak with an opposing party without securing that party’s lawyer’s permission
• If the opposing party is a governmental or corporate entity, who in that governmental or corporate entity is protected by the “no-contact” rule? Everyone and anyone in that governmental or corporate entity? For now and forever? What about former officers, directors, managers or employees of the governmental or corporate entity? Are they fair game for the lawyer to contact? Answers to these and other questions will be addressed in this session to help you avoid potential pitfalls and comply with the ethical rules.
• Balancing Competing Water Demands Under the Public Trust Doctrine - Exploring the Decision to Amend East Maui’s Interim In-stream Flow Standards (1 CLE) Speakers: Summer Sylva & Dr. Kamanamaikalani Beamer Moderator: ‘Olu Campbell
Ola i ka wai – Water is life. Native Hawaiians correlate one’s access to fresh water (wai) to one’s wealth (waiwai). This comes as no surprise, for the limited supply of fresh water in Hawaiʻi certainly makes it the most valuable of resources. Such value has resulted in a number of historic legal cases, in which diverging interests have struggled to find a balance over the use of available water. One of these cases derives from East Maui, where for over 100 years, 27 streams have been diverted to supply irrigation water to agricultural production and other off-stream uses, at the detriment of native ecosystems and Native Hawaiian traditional and customary practices. This conflict resulted in years of litigation.
On June 20, 2018, the Commission on Water Resources Management released a Decision to amend the East Maui Interim Instream Flow Standards based upon the best available data and a balanced review. Presenters during this panel will discuss the arguments raised in the case and the factors balanced under the Public Trust Doctrine that led to the final administrative decision.
Room 308A
•
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 12
ENVIRONMENT, ENERGY & RESOURCES SECTION
Environment, Energy & Resources Seminar, Part 2 • At the Crossroads of Real Estate and the Environment - How Green Building is Charting a Course for Hawai’i’s Future (1.5 CLE) Speakers: Todd Apo, Paul Woolford & Patti Mason Moderator: Brenda Gotanda
AFTERNOON SESSION 2:15 P.M. - 5:15 P.M.
Sustainable design and construction of the built environment is critical to achieving Hawaii’s ambitious goals for energy, water and resource conservation and to preserving key cultural traditions reflecting kuleana and mālama ‘āina. In 2018, the U.S. Green Building Council named Hawai’i as one of the top 10 States for LEED-certified green building. Come learn what you need to know about LEED, green building, sustainable design and the exciting local projects leading the way. Topics include:
• Green Building Overview: Learn the fundamentals of green building and how it can be used to achieve sustainability goals with a focus on the LEED certification program, process, and projects in Hawai’i and beyond.
• Hawaii’s Sustainable Neighborhood: The Howard Hughes Corporation used the LEED for Neighborhood Development system as a guide in planning its dynamic 60-acre Master Plan, Ward Village, in Kaka’ako and earned LEED’s highest rating of Platinum for the project. Additionally, each of the mixed-use buildings will attain its own, independent LEED certification. Learn how they use smart, sustainable design and create a sense of place for the vibrant mixed-use community in the heart of Honolulu, which is one of the largest green building projects in the nation.
• Preserving and Innovating at Pearl Harbor: History, culture and ecology were the foundation for design of the award-winning NOAA Daniel K. Inouye Regional Center on Ford Island, which earned LEED Gold certification. Learn how this modern research and office facility was created through the adaptive reuse and linking of two World War II-era airplane hangars with a design inspired by the biological influences of the region. The facility incorporates innovations such as skylight diffuser daylighting, hydronic passive cooling, natural ventilation, and biofiltration landscaping.
• An Inside Look at Critical Environmental Negotiations: Climate Change and the Paris Agreement; Species Protection and the Convention on Biological Diversity; Ocean Conservation and the Law of the Sea Convention (1.5 CLE) Speakers: Dr. Christina Voigt, Gaute Voigt Hanssen, Denise Antolini & David Forman Moderator: Emily Gardner
Associate Dean and Professor Denise Antolini and David Forman, Director of Environmental Law Preogram, will lead this panel in a lively discussion of recent developments in international environmental law. Topics will include Paris Agreement on Climate Change, Convention on Biological Diversity, United Nations Convention on the Law of the Sea, Conservation and Sustainable Use of Biological Diversity Beyond Areas of National Jurisdiction, and the Global Judicial Pact on the Environment.
Room 308A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 13
James A. Kawachika is counsel in the law firm of Deeley King Pang & Van Etten LLP, where his practice includes advising lawyers and law firms on legal ethics matters and representing lawyers before the Office of Disciplinary Counsel and the Disciplinary Board of the Hawai’i Supreme Court. He also serves as an expert witness in legal ethics and has taught professional responsibility law at the William S. Richardson School of Law at the University of Hawai’i.
Mr. Kawachika received his J.D. degree from the Boalt Hall School of Law, University of California at Berkeley. He is a former chairperson of the Disciplinary Board of the Hawai’I Supreme Court and a past president of the Hawai’i State Bar Association. He currently represents Hawai’i in the American Bar Association House of Delegates and has served on both the ABA Standing Committee on Ethics and Professional Responsibility and Standing Committee on Professional- Discipline. Mr. Kawachika is a past president and current board member of the Hawai’i justice Foundation and a director of the Hawai’I Chapter of the American Judicature Society. He also serves as a commissioner on the Hawai’i Judicial Selection Commission.
JAMES KAWACHIKASeminar: The “No-Contact” Rule: Can or No Can?
Randall is a Partner at Cox Fricke LLP. He represents developers, technology companies, the tourism industry, and numerous other mainland and Hawai‘i businesses in complex commercial litigation. Randall has been named a “Top Litigator Under 40” by Benchmark Litigation, and a “Rising Star” by Super Lawyers. He has also been selected by Best Lawyers in America for his work in Commercial Litigation and Litigation–Securities.
RANDALL WHATTOFFSeminar: Due Process and the Right to a Clean and Healthful Environment
Kylie Wager Cruz is an associate attorney at Earthjustice’s Mid-Pacific office in Honolulu. Kylie has had the privilege of representing community groups in proceedings to promote clean energy and clean water, end the use of fossil fuels, protect Native Hawaiian communities disproportionately burdened by pesticide exposure, and restore streamflows.
Prior to joining Earthjustice, Kylie served as a law clerk for the Honorable Mark E. Recktenwald, Chief Justice of the Hawaiʻi Supreme Court. She was also a legal fellow at the Hawaiʻi Department of Land and Natural Resources – Division of Conservation and Resources Enforcement and legal intern at the Hawaiʻi Public Utilities Commission. During law school, Kylie worked as a summer law clerk for the Earthjustice Mid-Pacific regional office and as an extern for the Honorable Richard R. Clifton, circuit judge of the U.S. Court of Appeals for the Ninth Circuit. She has held several research positions focusing on renewable energy, energy efficiency, and climate adaptation law and policy.
KYLIE WAGER CRUZSeminar: Due Process and the Right to a Clean and Healthful Environment
ENVIRONMENT, ENERGY & RESOURCES SECTION
Summer Sylva is a Staff Attorney at the Native Hawaiian Legal Corporation (NHLC), Hawai‘i’s only non-profit law firm dedicated exclusively to Native Hawaiian rights. She holds a bachelor’s degree in Political Science from Columbia University, and a juris doctor degree, with a concentration in public interest, from Cornell Law School. Her work with NHLC first began in 2005 as a summer law clerk – an experience responsible for Cornell’s first native water law and public policy symposium and her law journal publication chronicling Nā Moku Aupuni o Koʻolau Hui’s early legal efforts to perpetuate taro farming and traditional subsistence lifestyles threatened by the commercial dewatering of East Maui streams. After practicing commercial and bankruptcy litigation in New York for four years, Summer returned home and litigated construction, business, and probate matters for two years while working at a Honolulu firm. In 2014, Summer returned to NHLC to litigate the East Maui water case that inspired her legal scholarship almost a decade earlier. Summer’s ongoing legal and other advocacy statewide includes efforts to protect Native Hawaiian land and water rights, sacred places, traditional and customary practices, and entitlement programs.
SUMMER SYLVASeminar: Balancing Competing Water Demands Under the Public Trust Doctrine
Room 308A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 14
Todd Apo, Vice President of Community Development at The Howard Hughes Corporation, leads community and government relations for Ward Village, a 60-acre master planned neighborhood revitalizing Honolulu’s urban core. In addition to leadership for the overall development at Ward Village, Apo oversees public relations, corporate citizenship and the company’s philanthropic efforts throughout Hawaiʻi. Previously, Apo worked with the Walt Disney Corporation as Director of Public Affairs at Disney’s Aulani Resort, Vice President of Corporate Development Operations for Ko Olina Resort, as well as, a member of the Honolulu City Council for six years. Apo is a graduate of Kamehameha Schools and holds a J.D. and M.B.A. from the University of Hawaiʻi, and B.A. from Brown University in Computer Science and Economics. Apo currently serves on multiple non-profit boards serving the local community – including Make-a-Wish, Boys & Girls Club, Special Olympics, Bishop Museum and Child and Family Services.
TODD APOSeminar: At the Crossroads of Real Estate and the Environment
Dr. Kamanamaikalani Beamer is an associate professor at the Center for Hawaiian Studies in the Hui ‘Āina Momona Program at the University of Hawai‘i at Mānoa with a joint appointment in the Richardson School of Law and the Hawai‘inuiākea School of Hawaiian Knowledge. Previous to this role Dr. Beamer was the president and chief executive officer of The Kohala Center. Dr. Beamer’s research on governance, land tenure, and Hawaiian resource management, as well as his prior work as the director of ‘Āina-Based Education at Kamehameha Schools, prepared him for his continuing service as a director of Stanford University’s First Nations Futures Institute, a resource management development program for indigenous leaders developed by Stanford, Kamehameha Schools, and Te Rūnanga o Ngāi Tahu in New Zealand. Dr. Beamer has revitalized and maintained lo‘i kalo (taro ponds), providing him and his children opportunities to mālama ‘āina, deepen connections with cultural traditions, and derive leadership lessons from the land. In 2013, he was nominated and confirmed to a four-year appointment on Hawai‘i’s State Commission on Water Resource Management and was reconfirmed in 2017 for an additional four-year term. In addition to numerous academic publications, in 2014, Beamer published No Mākou ka Mana: Liberating the Nation, which received multiple awards including the Samuel M. Kamakau Book of the Year Award from the Hawai‘i Book Publishing Association.
DR. KAMANAMAIKALANI BEAMERSeminar: Balancing Competing Water Demands Under the Public Trust Doctrine
ENVIRONMENT, ENERGY & RESOURCES SECTION
Paul Woolford is the Design Principal for HOK’s San Francisco studio and is responsible for some of the firm’s most environmentally innovative and imaginative buildings. He is a recognized industry leader, whose work has focused on being a design catalyst for helping people rethink the relationship between themselves and their environments. Paul has taught design at the University of California, Berkeley; Cornell University; and the Savannah College of Art & Design. He lectures around the world on environmental and design issues for organizations including AIA, USGBC, SCUP, MAAM, ULI and the National Trust for Historic Preservation. His signature design approach has garnered many prestigious awards, including National AIA Top Ten COTE Awards, National, Regional and Local AIA, IIDA & Planning Design Excellence Awards, has been widely published and exhibited at the Venice Biennale.
PAUL WOOLFORDSeminar: At the Crossroads of Real Estate and the Environment
Patti Mason is the Mountain Region Director at U.S. Green Building Council. She works with USGBC member companies and Market Leaders from across the eight state mountain region to strengthen and expand the organization. Prior to this role, Patti was appointed Executive Director of the U.S. Green Building Council Colorado in June 2015. Among her duties, she oversaw the organization’s operations and annual strategic planning, was a resource to policy makers at the state and local level, and helped raise awareness about USGBC’s mission through public speaking, education and advocacy.
PATTI MASONSeminar: At the Crossroads of Real Estate and the Environment
Room 308A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 15
Gaute Voigt-Hanssen is Norway´s chief negotiator for the Convention on Biological Diversity. He holds a law degree from the University of Bergen, Norway, and a LL.M. in environmental law from the University of Auckland, New Zealand.
GAUTE VOIGT HANSSENSeminar: An Inside Look at Critical Environmental Negotiations
Dr. Christina Voigt is an expert in international environmental law. She is professor at the Law School of the University of Oslo, Norway, and legal adviser and negotiator for the Government of Norway in the UN climate negotiations.
DR. CHRISTINA VOIGTSeminar: An Inside Look at Critical Environmental Negotiations
ENVIRONMENT, ENERGY & RESOURCES SECTION
Professor Denise E. Antolini has served as the Associate Dean for Academic Affairs since 2011. She joined the Law School faculty in 1996 and directed the nationally recognized Environmental Law Program for several years. Since 2006, she has spearheaded the Law School Building Excellence Project. She serves on the State Water Commission Nominating Committee (2013), was the inaugural Chair of the Honolulu City Council’s Clean Water and Natural Lands Commission, and is past Chair of the State Environmental Council. Her courses have included torts, environmental law, environmental litigation, domestic ocean and coastal law, and legal writing. She received the 2006 University of Hawai`i Board of Regents’ Excellence in Teaching Medal. She served as Chair of the American Association of Law School’s Environmental Law Section and, from 2005 until 2008, was on the ABA’s Standing Committee on Environmental Law. Dean Antolini is past chair of the Hawai`i State Bar Association’s Natural Resources Section and was selected by Hawai`i Women Lawyers as the 2002 recipient of the Distinguished Community Service Award.
DENISE ANTOLINISeminar: An Inside Look at Critical Environmental Negotiations
David M. Forman is Director of the Environmental Law Program, and Faculty Specialist with the Ka Huli Ao Center for Excellence in Native Hawaiian Law. He currently teaches: Administrative Law, Lawyering Fundamentals I, Second Year Seminar, Appellate Advocacy, as well as Food Law and Policy.
Mr. Forman is a 1993 graduate of the William S. Richardson School of Law, and served on the University of Hawai‘i Law Review. He received one of the first Environmental Law Certificates issued by the Law School, and also obtained a Graduate Ocean Policy Certificate from the School of Oceans, Earth Sciences & Technology at the University of Hawai‘i.
His diverse legal career includes stints as: Clerk for Associate Justice Robert G. Klein (retired) of the Hawai’i Supreme Court, 1994-1996; Staff Attorney with the Native Hawaiian Legal Corporation, 1996-1997; Executive Director of the Hawaii Appleseed Public Interest Law Center, 1997-2002; Associate Attorney with Alston Hunt Floyd & Ing, 2000-2004; and, Enforcement Attorney with the Hawai‘i Civil Rights Commission, 2004-2010.
DAVID FORMANSeminar: An Inside Look at Critical Environmental Negotiations
Room 308A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 16
FAMILY LAW SEMINAR
Family Law Seminar, Part 1 • Hawaii Divorce Manual 9th Edition 2018 Supplement (1 CLE) Speaker: William C. Darrah
MORNING SESSION 9:00 A.M. - 12:00 P.M.
• DV and the Military – The Camouflage Connection (1 CLE) Speaker: Mark E. Sullivan
When faced with a domestic violence case, counsel for the victim (and for the accused) must have a thorough understanding of the rights and remedies – from rehabilitation to punishment – which are available if either of the parties is in the military. This program covers the available civil remedies and criminal processes, as well as their impact on military service. It deals with the military protective order (used by the commander of the perpetrator), preferring court-martial charges against a military member, the Family Advocacy Program, confidentiality for the reporting individual, and restrictions on the use of personal and government weapons under the Lautenberg Amendment. Finally, it covers Transitional Compensation for the victim and how to divide a non-existent military pension.
William C. Darrah is an attorney, mediator, and arbitrator specializing in financially more complicated matrimonial cases. A Hawaii divorce practitioner since 1976, he has been the editor of the Hawaii Divorce Manual since 1990, and the editor of the Journal of Hawaii Family Law since 1994. Chair of the HSBA’s Family Law Section in 1989, 1990, 1995, and 2005, a certified fellow in the American Academy of Matrimonial Lawyers since 1985, one of Hawaii’s “A+ lawyers” since 1993, a member of the 2008 inaugural class of “Hawaii Super Lawyers,” Hawaii’s first “Family Lawyer of the Year” in 2009, and The Best Lawyers in America designee since 1989, Mr. Darrah is a 1975 graduate of New York University School of Law, where he was a Root-Tilden Scholar, and a 1970 graduate from the University of North Carolina, where he was a Morehead Scholar. Certified by the American Bar Association as a divorce mediator in 1985, and by the American Academy of Matrimonial Lawyers as a divorce arbitrator in 1992, he is the 1992 recipient of the HSBA’s C. Frederick Schutte Award and the 1997 recipient of the HSBA’s YLD Justice Award, both for commitment to public service. Since 1979 Mr. Darrah has taught many Family Court divorce education programs offered to Hawaii judges, lawyers, and the public, including The Divorce Experience, Kids First I, Kids First II, and Divorce Law in Hawaii, a monthly program started in 2002 to help litigants deal with money issues in divorce.
WILLIAM C. DARRAHSeminars: Hawaii Divorce Manual 9th Edition 2018 Supplement
• Military Pension Division: Crossing the Minefield (1 CLE) Speaker: Mark E. Sullivan
Dividing a military pension can be daunting task. What is divisible -- gross pension, or only “disposable retired pay?” How do you calculate disposable retired pay? When a servicemember is sued for pension division in another state, how can that court acquire jurisdiction over him? Can or should the member request a stay under the Servicemembers Civil Relief Act? How can the spouse ensure that the Survivor Benefit Plan (SBP) is not omitted? If it is lost, can Servicemembers Group Life Insurance replace it? If SBP is ordered, can the court require the spouse who receives it to pay for it? How does one get a garnishment for the pension? All these and more are covered in this presentation.
Room 304AB
Mark E. Sullivan is a partner at Sullivan & Tanner, P.A., in Raleigh, North Carolina. A retired Army Reserve JAG colonel and a Board-Certified Specialist in Family Law, Mr. Sullivan is a fellow of the American Academy of Matrimonial Lawyers and the author of The Military Divorce Handbook, (ABA, 2nd Ed. 2011). He was co-founder of the military committee of the North Carolina State Bar in 1981, and he has been a member of the committee or its director ever since. He is a past chair of the Military Committee of the ABA Family Law Section, and he served on the ABA Working Group for the Protection of the Rights of Servicemembers in 2002-2003. He received the American Bar Association’s Grassroots Advocacy Award in 2014 for his work on military custody in helping to write the Uniform Deployed Parents Custody and Visitation Act and get military custody legislation enacted in over twenty states. He assists fellow attorneys from across the country in drafting military pension division orders and consulting on military divorce issues.
MARK E. SULLIVANSeminars: DV and the Military – The Camouflage Connection; Military Pension Division: Crossing the Minefield; Recent Developments in Military Pension Division; You Can’t Do That!” – Limits, Prohibitions and Work-Arounds in Military Pension Division Cases; Military Family Law and Professional Ethics
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 17
FAMILY LAW SEMINAR
AFTERNOON SESSION 2:15 P.M. - 5:15 P.M.Family Law Seminar, Part 2 • Recent Developments in Military Pension Division (1 CLE) Speaker: Mark E. Sullivan
Dealing with military pension division cases has just turned into “life in the fast lane.” Or - if you make a mistake - “life in the oncoming lane.” Three major changes have taken place within a one-year period.
• In December 2016, the Uniformed Services Former Spouses’ Protection Act was amended to change what retired pay can be divided at the retired pay center; it’s now a “Frozen Benefit” as of the divorce date, not the full pension. This is change in the law of 40-45 states.
• On May 15, 2017, the Supreme Court ruled that a judge may not order indemnification when the retiree’s election of VA disability compensation cuts the pension share of the former spouse.
• And as of January 1, 2018, the new Blended Retirement System provides three additional and significant changes to compensation and retired pay which will have an impact on the family law judge – reducing the divisible retired pay in exchange for a Thrift Savings Plan which will be funded by the servicemember and the government; making a bonus (“Continuation Pay”) available to servicemembers between the 8th and 12th years of service; and allowing members to take an advance on retired pay in a lump sum of 25% or 50%, thus reducing the rest of the military pension (as well as the share received by the former spouse).
This program teaches the audience about the radical rewrite of the Uniformed Services Former Spouses’ Protection Act which transformed the “Time Rule” previously used by most states to divide pension benefits. It trains lawyers about the new and nationwide “Frozen Benefit Rule” and how to negotiate and configure divorce agreements to comply with the new law (or avoid its consequences). The program explores the May 2017 SCOTUS decision in Howell v. Howell on a state judge’s ability to order indemnification benefits upon the retiree’s election of VA disability compensation, and the resulting drop in the spouse’s share of the pension. And it helps participants understand the “Blended Retirement System” provisions which went into effect on January 1, 2018, as to changes in compensation and retired pay which may impact current cases.
• You Can’t Do That!” - Limits, Prohibitions and Work-Arounds in Military Pension Division Cases (1 CLE) Speaker: Mark E. Sullivan
There are numerous restrictions on pension division and SBP, many of which are hidden deep in the regulations and are absurd or illogical. This program explains how to identify roadblocks in the statutes, regulations and cases with regard to the election of Survivor Benefit Plan coverage for the ex-spouse, the four methods for dividing the military pension, the inclusion of COLAs (cost-of-living adjustments) in the divided pension, the use of alimony as a substitute for pension division, the rejection of the pension division order by the retired pay center, and where to go when all the deadlines have expired. It also covers how to use two alternate calculations of the community property share in Guard/Reserve cases, getting DFAS to tell you what a retiree’s pay is, and how to get back payments from the retired pay center for arrears due to the spouse.
• Military Family Law and Professional Ethics (1 Ethics CLE) Speaker: Mark E. Sullivan
This program covers “knowing the territory,” associating competent co-counsel, avoidance of conflicts of interest, how to use on-line resources to provide correct advice, how NOT to word the pension division clause in a settlement, overlooking assets in a military divorce case, how to find a “Wingman,” the duty to monitor the case to completion, discussing pluses and minuses with the client, and preserving confidentiality.
Room 304AB
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 18
LAW PRACTICE TECHNOLOGY & ARTIFICIAL INTELLIGENCE SEMINAR
Law Practice Technology & Artificial Intelligence Seminar • Technological Advances in Legal Research (1 CLE) Speakers: Jamie Chuck & Jake Heller
A general discussion of the impact technology has had on the nature of legal research programs and the recently developed types of features (such as expanded areas of coverage, more sophisticated searches and analyses of case history/shepardization, and greater speed and user-friendliness) that many attorneys may not be aware of.
Specific examples of some of the programs with a discussion of the cost, features (coverage and nature), and ease of use of each, as well as suggestions/recommendations on how attorneys can determine what programs best fit their particular needs. Live demonstrations of several of the programs
• Mobile Devices in the Workplace (1 CLE) Speaker: Jamie Chuck, Diane Haar & Samantha (Sam) Sneed
Topics discussed will be: issues re the use of mobile devices for work, including BYOD, benefits of mobile device use, problems with mobile device use, and ways to minimize/prevent them, and special considerations re Bluetooth devices and the Internet of Things (“IOT”)
• Legal Tech Selection (1 CLE) Speaker: Jamie Chuck & Jake Heller
The final seminar in the technology block will be a panel discussion on how to select a legal tech product/service provider.
This seminar is intended to be highly interactive, with the attendees encouraged to share their experiences and ask questions about the problems they have encountered in deciding what legal tech products and services to purchase, and the panelists will likewise be encouraged to discuss their observations and conclusions with both the audience and each other.
The purpose of having both vendors and lawyers on the panel is to give the audience tips and perspectives from both sides. Panelists will be asked to share their experiences, opinions and suggested strategies on such topics as:
• How to determine what products best fit your needs.• How to determine whether a new product/provider is worth the cost.• Research resources (legal tech products/providers).• Signs that a vendor will be good or bad.• How to get the best price.
AFTERNOON SESSION 2:15 P.M. - 5:15 P.M.
Room 305A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 19
Sam Sneed is a Director of ES&A, Inc. Her practice focuses on the law as it applies to developing and leveraging emerging technologies in the private and public sectors. She advises and speaks on corporate transactions and governance, intellectual property strategy, government contracts and grants, and cybersecurity and privacy policy.
Ms. Sneed holds a BS in electrical engineering and an MBA from the University of Denver and is a graduate of the William S. Richardson School of Law. She is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals and sits on the Industry Advisory Board for the Pacific Center for Advanced Technology Training, a not-for-profit consortium of the University of Hawaii Community Colleges.
SAMANTHA SNEEDSeminar: Mobile Devices in the Workplace
Diane Haar operates the solo, private, public interest law firm, Hawaii Disability Legal Services, LLLC. From her offices in Honolulu and Kona, Ms. Haar represents people with disabilities throughout the islands, as well as in Guam, American Samoa, the Philippines, and other regions of the Pacific. Particularly involved in addressing homelessness and veteran issues among the disabled population, Ms. Haar also spends extensive time on government advocacy, seminars, pro bono legal work, and other related activities. Ms. Haar’s practice regularly takes her to almost every island in Hawaii, as well as other parts of the USA and the world. She built her firm to accommodate her travel, leveraging law firm technology to do this, but also to enhance her productivity in a way that allows her to fully realize her personal and law firm goals.
DIANE HAARSeminar: Mobile Devices in the Workplace
Jake Heller is the Founder and CEO of Casetext, a legal research company that leverages powerful artificial intelligence technology and a comprehensive legal database to help attorneys find the best cases and authorities faster. Jake was named to Forbes 20 Under 30 and the Fastcase 50 for legal innovation for his work at Casetext. Before starting Casetext, Jake was a litigator at Ropes & Gray. He graduated from Stanford Law School, where he was president of Stanford Law Review, and clerked for Judge Michael Boudin on the U.S. Court of Appeals for the First Circuit. He is a Silicon Valley native, and has been programming since childhood.
JAKE HELLERSeminars: Technological Advances in Legal Research; Legal Tech Selection
LAW PRACTICE TECHNOLOGY & ARTIFICIAL INTELLIGENCE SEMINAR
Jamie Chuck practices in the areas of eDiscovery and complex business and commercial litigation, including corporate and partnership disputes, securities, class actions, professional liability, products liability, employment, copyright, contract, tort, antitrust, construction, and insurance coverage cases. She has been the principal of her law firm, located in Honolulu, Hawaii, since 1987.
Ms. Chuck received her undergraduate degree from Radcliffe College and received her JD from Harvard Law School. She is also a graduate from Georgetown Law School eDiscovery Training Academy and Punahou School.
Ms. Chuck was admitted to the California Bar and the Hawaii Bar. She is also admitted to practice before the United States District Courts for the District of Hawaii, the Central District of California, and the Northern District of California, as well as the Ninth Circuit Court of Appeals.
JAMIE CHUCKSeminars: Technological Advances in Legal Research; Mobile Devices in the Workplace; Legal Tech Selection
Room 305A
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 20
REAL PROPERTY AND FINANCIALSERVICE SEMINAR
Real Property and Financial Services Seminar (RPFSS), Part 1 • Introductory Remarks Moderator: Richard Kiefer• Introduction to Real Estate Sale Transactions Speakers: Gail Ayabe Moderator: Janel Yoshimoto • Introduction to the Hawaii Real Estate Brokerage Industry Speakers: Jeffrey S. Grad & Sarah Morihara Moderator: Janel Yoshimoto• Negotiating and Documenting Commercial Real Estate Sale Transactions Speaker: David Shibata & Karen Winter Moderator: Richard Kiefer
MORNING SESSION 9:00 A.M. - 12:00 P.M.
AFTERNOON SESSION 2:15 P.M. - 4:15 P.M.Real Property and Financial Services Seminar (RPFSS), Part 2 • Title Matters Speaker: Robert E. Strand Moderator: Rodd Yano
• Tax Considerations in the Sale of Real Estate Speaker: Nancy Grekin Moderator: Richard Kiefer• Enforcement of Real Estate Transactions Speaker: Leroy Colombe Moderator: Richard Kiefer
• Closing Remarks Moderators: Richard Kiefer & Rodd Yano
Richard Kiefer is a partner at Cades Schutte LLP. He practices in the areas of real estate transactions and development, with particular emphasis on resorts and condominiums. Rick heads Cades Schutte’s Maui branch and also maintains an office in the firm’s Honolulu headquarters. He holds an “AV® Preeminent™” Peer Review Rating from Martindale-Hubbell, is a Fellow of the American College of Real Estate Lawyers, and is listed in the current editions of Best Lawyers in America and the Chambers USA Client’s Guide to America’s Leading Lawyers for Business. Rick is a 1991 graduate of the University of California, Davis, School of Law.
RICHARD KIEFERSeminar: Introductory Remarks; Negotiating and Documenting Commercial Real Estate Sale Transactions; Tax Considerations in the Sale of Real Estate; Enforcement of Real Estate Transactional Closing Remarks
Rodd Yano is a Partner in the Carlsmith Ball LLP Honolulu office and a member of the Transactional practice group. He concentrates his practice on commercial real estate development and operations with an emphasis in commercial property sales and lease negotiation and administration, residential subdivision project development, condominium formation and registration, land use issues, and real estate financing.
RODD YANOSeminar: Title Matters; Closing Remarks
Room 301AB
*Must attend all morning presentations to receive 3 CLE credits
*Must attend all afternoon presentations to receive 2 CLE credits
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 21
Gail Ayabe’s practice focuses on real estate, financing and business law at Goodsill Anderson Quinn & Stifel.
She has advised clients on real estate developments, sales and acquisitions of real property and condominiums, commercial leasing, homeowners’ associations, financing and other real estate and business matters.
Ms. Ayabe’s knowledge of Hawai‘i makes her an indispensable source for clients. In fact, she has prepared the condominium and sales documentation for—and registered—more than 100 condominium projects in the Aloha State.
Ms. Ayabe is a former director of the Real Property and Financial Services section of the Hawai‘i State Bar Association. She has also served as a member of the Blue Ribbon Condominium Law Recodification Advisory Committee, which worked on the recodification of Hawaii’s condominium statute.
Currently, Ms. Ayabe is a member of the Opinion Committee of the Real Property and Financial Services section of the Hawai‘i State Bar Association.
GAIL AYABESeminars: Introduction to Real Estate Sale Transactions
REAL PROPERTY AND FINANCIALSERVICE SEMINAR Room 301AB
Ms. Winter is a partner at Rush Moore LLP, concentrating her practice in the areas of real property (with an emphasis in commercial real estate sales and acquisitions and commercial leasing) and finance. Ms. Winter has assisted in numerous real estate transactions, including the sale and purchase of hotels, shopping centers, industrial and mixed-use condominium projects, office buildings, affordable housing projects, and vacant land. She also assists in the review and preparation of loan documents, including the drafting of opinion letters. Her practice involves negotiating and drafting commercial, industrial, retail, office, and residential leases. Her practice also involves drafting complex contracts, including reviewing and drafting architect and construction contracts and related contracts, and other real property related documents. She has represented clients in the acquisition of businesses and assets and has also assisted in complex commercial foreclosure proceedings.
KAREN WINTERSeminar: Negotiating and Documenting Commercial Real Estate Sale Transactions
Sarah Lee Morihara is President/Managing Director of Colliers International in Hawaii. In this capacity, Ms. Morihara oversees the operations of the brokerage, property management and research & consulting divisions, ensuring service delivery to the Company’s clients, providing client consultation and guidance and support to the brokerage team and property managers. In concert, Ms. Morihara and the Executive Team strive to provide optimal real estate solutions for clients. Ms. Morihara’s background is in real estate law, having practiced previously at one of Honolulu’s largest law firms, Cades Schutte. This allows her to enhance Colliers services with legal practicality and insight while maintaining the ability to explore solutions.
SARAH MORIHARASeminar: Introduction to the Hawaii Real Estate Brokerage Industry
Jeffrey S. Grad, Esq., is a lawyer in private practice in Honolulu where his practice emphasizes real property development, conveyancing and real estate brokerage matters. He is a graduate of Princeton University and Columbia Law School. Mr. Grad is also a licensed real estate broker and active in realtor-related matters. He has served as a director of the Honolulu Board of Realtors, a member of the Standard Forms Committee of the Hawai`i Association of Realtors and was the co-author of the “The New DROA Made Simple” (2009). Mr. Grad was also one of the authors and editors of portions of HICLE’s Hawaii Conveyance Manual and of the Brokerage Law Chapter of the previous edition of Hawaii Real Estate Law Manual.
JEFFREY S. GRADSeminar: Introduction to the Hawaii Real Estate Brokerage Industry
Janel Yoshimoto’s practice at JMY Law Group LLLC focuses on representing both lenders and borrowers in real estate and asset based secured transactions, and representing buyers and sellers in a variety of land transactions including financing, development and sales of residential subdivision, condominium and mixed-use projects, commercial ground and space leasing and real estate due diligence.
JANEL YOSHIMOTOSeminar: Introduction to Real Estate Transactions; Introduction to the Hawaii Real Estate Brokerage Industry
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 22
Nancy N. Grekin was awarded her BBA, with High Distinction, from The University of Michigan, and her J.D. magna cum laude from the University of Michigan. She practices in the areas of transactional real estate, condominium and subdivision development, commercial leasing, 1031 exchanges, commercial and secured transactions, and general business counseling. She is listed in the Best Lawyers in America and is a frequent speaker at seminars for lawyers, accountants and realtors on Section 1031 exchanges, commercial leasing, limited liability companies, and the use of technology in law practice. She is the author of Like Kind Exchanges under Code Section 1031 published by Wolters Kluwer/CCH.
NANCY N. GREKINSeminars: Tax Considerations in the Sale of Real Estate
REAL PROPERTY AND FINANCIALSERVICE SEMINAR
Leroy Colombe has practiced exclusively in the area of commercial and real estate litigation, representing both plaintiffs and defendants since 1984 and practices in both State and Federal courts at Chun Kerr, LLP.
LEROY COLOMBESeminar: Enforcement of Real Estate Transactions
Room 301AB
Robert Strand is a Partner in the Carlsmith Ball, LLP Honolulu office and is a member of the transactional practice group. He concentrates his practice on complex real estate transactions, commercial leasing, equipment leasing, water law and public utilities matters. He recently assisted clients with the sale/leaseback of the land underlying 11 service stations on Oahu, the acquisition of the land underlying an industrial warehouse site in Iwilei and with the construction and take-out financing for the warehouse, the sale of three medium size shopping centers on Oahu, Kauai and Maui and in a PUC rate case for a private water company on Hawaii Island.
Mr. Strand is listed in Chambers USA: America’s Leading Lawyers for Business 2018 for Real Estate.
ROBERT E. STRANDSeminar: Title Matters
David Shibata has been responsible for numerous real estate transactions, including the purchase of hotels, shopping centers, buildings, and land. At Rush Moore, LLP, his practice involves drafting complex contracts and other real property documents and assisting in real estate developments, including changes in land use classifications, development plans and zoning, subdivisions and consolidations, the development of covenants, conditions and restrictions, and the drafting of residential, commercial and industrial leases. He has also represented numerous banks in foreclosures and in drafting loan documents.
Mr. Shibata was a Managing Editor, University of California at Davis Law School. After law school, Mr. Shibata clerked for the Honorable Raymond E. Plummer of the United States District Court of the District of Alaska (1976 -1977) and the Honorable James M. Fitzgerald of the United States District Court of the District of
Alaska (1977-1978). He was an associate with Graham & James in Anchorage, Alaska, and joined Rush Moore LLP in 1980. Mr. Shibata has been the Managing Partner of Rush Moore LLP since 2000.
Mr. Shibata is the author of Negotiating and Documents Commercial Real Estate Transactions, published in the Hawaii Bar Association’s Hawaii Real Estate Law Manual in 2009. He was selected amongst his peers as “Best Lawyer in Hawaii” and has been recognized by Chambers & Partners USA in the real estate field.
Mr. Shibata is the President of the Board of Directors of Parents and Children Together and the former President of the Japan-Hawaii Lawyers Association and a former Member of the Board of Directors of Salvation Army and the Board of Directors of Historic Hawaii.
DAVID SHIBATASeminar: Negotiating and Documenting Commercial Real Estate Sale Transactions
H AWA I I S TAT E B A R A S S O C I AT I O N 2018 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 23
IMPORTANT INFORMATIONHSBA Member RegistrationOnline registration is available for HSBA Members at www.HSBA.org. You may also choose to complete the registration form and fax (808-521-7936), email ([email protected]), or mail to the HSBA (1100 Alakea Street, Suite 1000, Honolulu, Hawaii 96813, Attention: CLE Department).
Non-HSBA Member Registration
Complete the registration form and fax (808-521-7936), email ([email protected]), or mail to the HSBA (1100 Alakea Street, Suite 1000, Honolulu, Hawaii 96813, Attention: CLE Department).
ParkingThe Hawaii Convention Center parking fee is $10 all day. No in and out privileges.
CancellationA refund will be made only upon receipt of a written notice of cancellation on or before October 26, 2018. NO REFUNDS WILL BE MADE (1) IF CANCELLATION IS MADE AFTER OCTOBER 26, 2018 AND/OR (2) FOR NO-SHOWS.
Insufficient FundsA $30 fee will be charged for checks returned due to insufficient funds.
Course MaterialsIn an effort to be green, the Bar Convention course materials will all be downloadable from www.hsba.org. Please visit www.hsba.org for the program you are attending before the day of the Convention to view and download materials. Attendees may print the materials prior to attending or simply view downloaded materials on their tablet, phone or laptop. Materials will be posted by October 31, 2018.
2018 Hawaii Construction Law and Mechanics Liens Manual This 2018 Hawaii Construction Law and Mechanics Liens Manual (included in the cost of the seminar) is a 600+ page resource and includes legal forms to equip you with the tools you need.
Divorce Manual SupplementThe 2018 supplement of the 9th Edition Divorce Manual will be presented at the Bar Convention. The Bar Convention price is $50 for this valuable resource! Attendees of Family Law Seminar are encouraged to purchase the 2018 Divorce Manual Supplement. Purchased Divorce Manuals Supplements will be available for pick up at the Family Law seminar room on the day of the Bar Convention. There will be a limited supply of Divorce Manual Supplements available for sale (without prior order) at the Bar Convention. Availability is on a first come first served basis. RPFSS eBook OrderVolume 1 of the new Hawaii Real Estate Law Manual is expected to be available for download from Amazon in November 2018. Attendees will be notified by email when it is available. Hard copy versions are expected to become available for separate purchase after November 2018. HCC Public Internet Service Purchase1 day for $12.95. Available in meeting rooms, common areas, and lobby areas only. Not available in exhibit halls*Connectivity speeds up to 768k up/down. For questions regarding wireless services, please call Smart City at 888-446-6911 or visit www.smartcitynetworks.com.
Videotaping / PhotographyThe seminar may be videotaped and/or photographed. Your registration constitutes your voluntary consent to such videotaping and/or photography without monetary compensation.
DisclaimerThe representations made at this Bar Convention and content/materials are those of the presenters and do not represent the position of the HSBA. Legal opinions, analyses, and materials provided by the presenters are not reviewed by the HSBA.
Questions / Special Accommodations / ADAContact the HSBA CLE Department by phone: (808) 537-1868 or email: [email protected]. Please provide request for accommodations at least 2 business days before the event.
