Find Lawyers in Honolulu, Hawaii for Commercial Litigation
Practice Area Overview
Litigation increasingly occurs in various venues, from state and federal courts to private arbitrations and administrative hearings. Proceedings can involve business-to-business disputes or any number of government agencies. Understanding the motivations and outlook of each of the litigation participants is important for determining weak points to exploit and strong points that will persuade the audience in question. During the past decade, commercial litigators have seen a dramatic uptick in multidistrict and inter-disciplinary litigation, making the stakes higher, the cases more complex, the parties more numerous and the discovery more complicated and unwieldy. Firms that are able to develop and implement a creative legal approach to each individual problem, efficiently focus on the key legal and factual issues, and master and manage the various aspects of these complex matters will be the busiest in the years to come.
In the current challenging economic climate, commercial litigators are under increasing client pressure to keep costs in check, which has both sides testing the efficacy of alternative fee arrangements and the scope of reasonable discovery. Whether the “death of the billable hour” is ultimately realized, the keys to a commercial litigator’s success will continue to be strong client relationships, thought leadership, practical management skills, deep experience, and personal commitment.
A. Bernard “Bernie” Bays is a Director of the firm. Mr. Bays has over 50 years of experience successfully representing clients in over 150 landmark Hawaii litigation cases. Mr. Bays focuses his practice in the areas of complex commercial litigation, business litigation, real estate litigation, trusts and estates litigation, legal malpractice law-defendant litigation, real estate law and land use and zoning law. Mr. Bays is Board Certified in Civil Trial Law by the National Board o...
Trevor A. Brown represents clients in both litigation and transactions. His real estate experience ranges from resort acquisition and development to acting as trial counsel to establish beach access rights based on Kingdom of Hawaii land use. Mr. Brown's corporate experience ranges from negotiating corporate restructurings to acting as trial counsel to force the break-up of related land development corporations. Mr. Brown counsels trustees and beneficiaries in trust matters and also represent...
Douglas S. Chin has extensive experience in state and federal courts, from Hawaii to the United States Supreme Court, and experience in managing state and local government agencies at the highest levels. Mr. Chin focuses his practice in commercial litigation, administrative law, and government relations. Mr. Chin is rated AV Preeminent® by Martindale-Hubbell® ; the highest rating possible, for his skill and integrity. Mr. Chin has been named to the The Best Lawyers in America® lis...
Steve Egesdal is a Partner in the firm's Honolulu office and is a member of the Transactional practice group. He concentrates his practice on business structure and operations. Steve has assisted a wide variety of business entities in the formation, acquisition, operation, reorganization, and dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and limited liability limited partnerships. He also has extensive litigation experience, and draws o...
Mr. Engle's practice focuses in the areas of real estate litigation, construction contracts and disputes, and complex business litigation. Examples of Mr. Engle's work include: Constitutional Law. Represented a national REIT in a highly publicized constitutional challenge of legislation affecting the methods for calculating lease rent under long-term industrial ground leases. Successfully obtained ruling declaring statute unconstitutional under the contracts and equal protection clauses of th...
Tred Eyerly has accumulated a wide variety of litigation skills, having practiced in Alaska, the Commonwealth of the Northern Mariana Islands, and now Hawaii. Tred started his career working for Alaska Legal Services in bush Alaska before moving to Anchorage, working primarily with Alaska Natives on subsistence, sovereignty, and land entitlement issues throughout the state. He then worked for Micronesian Legal Services on Saipan, representing under-privileged clients confronted with a variety...
William Harstad is a Partner in the firm's Litigation and Alternative Dispute Resolution practice group. He has experience in numerous arbitrations and litigations, with amounts in dispute ranging from the tens of thousands of dollars to hundreds of millions of dollars. Mr. Harstad has also represented both secured and unsecured creditors in bankruptcy proceedings on both the East Coast and in Hawai`i, including in various adversary proceedings.Mr. Harstad's litigation experience is broad and...
Listed in The Best Lawyers in America and Super Lawyers, Diane’s practice focuses on complex litigation and dispute resolution. Prior to joining the firm in 1978, she was an extern to the Honorable Herbert Choy, Circuit Judge, Ninth Circuit Court of Appeals. Diane is involved in a number of professional and community activities, servicing on the Disciplinary Board of the Hawaii Supreme Court, as a national director of Easter Seals, Inc., as well as a director of Easter Seals Hawaii and ...
Mr. Higa focuses on commercial litigation, construction disputes, and tax controversies. He has experience handling various types of business, real estate, construction, tort, bankruptcy and tax matters in Hawaii State and Federal Courts, as well as the Ninth Circuit Court of Appeals. Mr. Higa’s experience includes favorable settlements and decisions for his clients in mediation and arbitration, on dispositive motions in court, on appeal, and through trial, including a jury verdict in e...
Greg Kugle concentrates his practice in the area of litigation. He works in the areas of commercial disputes and business litigation, construction, land use and real estate, antitrust, product liability and personal injury, aviation, bankruptcy, admiralty and insurance coverage. He has litigated cases before the Hawaii District and Circuit Courts, the Hawaii Bankruptcy Court and United States District Court, and has handled appeals before the Hawaii Intermediate Court of Appeals, the Hawaii S...
Michael Lam is a director/shareholder and a member of the firm's Executive Committee. He concentrates his practice in the area of litigation, including construction and development law, trade name and trademark infringement, insurance defense, real property issues, products liability and personal injury and general litigation matters. Mr. Lam’s practice also encompasses a range of transactions, including commercial, industrial office and retail development, leasing and sales. Mr. Lam ha...
Andrew J. Lautenbach is a Director at Starn O’Toole Marcus and Fisher who has earned a reputation for taking an aggressive yet practical approach when representing clients in complex matters. Mr. Lautenbach has extensive experience in complex litigation matters, including numerous jury trials, bench trials, and high stakes arbitrations. Mr. Lautenbach recently served as a lawyer representative to the Ninth Circuit Court of Appeals on behalf of the United States District Court for the Di...
Sharon V. Lovejoy represents clients in a wide variety of litigation matters with primary focus in commercial, real estate and business litigation. Ms. Lovejoy has been named to The Best Lawyers in America ® , "Lawyer of the Year" in Honolulu list, Appellate P ractice (2020), Mortgage Banking Foreclosure Law (2015, 2019, 2024) and Litigation-Banking & Finance (2014, 2022, 2025). Lovejoy is also recognized by The Best Lawyers in America ® (in “Appellate Law”, "Arbitrati...
Published Works · Articles on Litigation (Co-Authored) Representative Cases · IEL Liquidation Proceedings, Wayne C. Metcalf, Insurance v. Gary L. Vose, et al · HIG Rehabilitation, HUI/UNICO Liquidation and Linda v. Hawaiian Electric Co. · State v. Kealakekua Ranch · Maunawili Lessees v. Trustees of Castle Estate · State Farm Mut. Auto. Ins. Co. v. Robinol, 699 F.Supp. 819 (D.Hawai'i 1988) · Tilton v. Rivera · Eder v. County of Kauai and ...
William Meheula’s practice areas include complex commercial litigation, real estate litigation, legal malpractice, administrative law, divorce cases and Native Hawaiian rights. Mr. Meheula’s real estate litigation practice involves disputes concerning purchase and sale agreements, joint venture agreements, financial agreements, and regarding entitlement, condemnation, environmental, archaeological, and hotel and resort issues. His administrative law practice includes proceedings b...
David J. Minkin has been a resident of Hawaii since 1975. Licensed in Hawaii in 1984, he spent ten years in the Department of the Prosecuting Attorney of the City & County of Honolulu before joining the law firm of McCorriston Miho Miller Mukai in 1995, where he has specialized in civil litigation in state and federal trial and appellate courts, administrative hearings, arbitrations and mediations representing individuals, corporations and municipalities. David has been recognized annuall...
Mr. Miyashiro focuses his practice on civil, commercial, and real estate litigation, representing and advising business owners, CEOs, Officers and Directors, and Trustees. He has almost 30 years’ experience and an accumulated wealth of expertise litigating matters involving admiralty/maritime, commercial and business disputes, real property disputes, insurance, trust disputes, products liability, class action defense, and personal injury defense. By appointment of the Hawaii Circuit Cou...
Mark Murakami practices in the firm's Dispute Resolution, Real Estate, Construction, and Business & Commercial Law practice groups. His focus is on complex commercial disputes, land use negotiation and litigation, environmental, and general civil litigation. He has appeared in all federal and states courts in Hawaii, most of the administration boards and commissions, and is licensed in the U.S. Supreme Court, Ninth Circuit Court of Appeals and Court of Federal Claims. He is rated by Marti...
Terence O’Toole is a Director of the Starn O’Toole Marcus & Fisher law firm. He manages the firm’s litigation department and has over 50 years of experience in the area of commercial and complex litigation. Mr. O'Toole has been recognized by The Best Lawyers in America ® , as a "Lawyer of the Year" in Honolulu in the practice areas of Bet-The-Company (2011, 2019, 2023) , Banking & Finance Litigation (2012, 2015, 2024) , Appellate Practice (2014, 2018, 2022, 2024)...
Judith Ann Pavey has over 45 years of experience in litigation and litigation related alternative dispute resolution. She began her litigation career while still in law school where she received a special certification from the Indiana Supreme Court to act as a prosecutor on criminal cases in Marion County juvenile, misdemeanor and felony courts. Upon graduation she was hired by a high-profile litigator in Hawai‘i, where she established her reputation as a skilled and successful lawyer ...
Dean Robb is a partner in the firm's Honolulu office and is a member of the Corporate & Business Practice Group. He concentrates his practice on corporate business, finance, construction, acquisitions, ocean and maritime activities, administrative law, government procurement, and international transactions. Admitted to bars throughout the Pacific, Mr. Robb also has considerable experience in the U.S. Pacific islands, including Guam, Saipan and Micronesia. He continues an active practice i...
Tom E. Roesser chairs the firm's Bankruptcy & Creditors Rights Practice Group. Mr. Roesser concentrates on advising financial institutions on problem loans, including loan workouts and foreclosures, bankruptcy, and lender liability issues. He served as President of the Bankruptcy Law Section of the Hawai`i State Bar Association in 2005 and is also a member of the American Bankruptcy Institute and the Business Law Section of the American Bar Association. He also concentrates in commercial ...
Paul Sato is a seasoned Hawaii litigation attorney who has over 45 years experience. Mr. Sato is Counsel to the firm and focuses his practice in the areas of Commercial Litigation, Real Estate Law, Corporate Law and Administrative Law. Mr. Sato has been selected for inclusion to The Best Lawyers in America ® list in the practice areas of Commercial Litigation, Real Estate Litigation and Real Estate Law. Mr. Sato is rated AV Preeminent® , Martindale-Hubbell’s® highest rating ...
Mr. Schmitt served as a surface line officer after graduating from the U.S. Naval Academy with a degree in Ocean Engineering. After five years of service as a gunnery/missile officer, ASW officer and Admiral's Aide, he went to law school. Following graduation in 1984, Mr. Schmitt has practiced law with a base in Honolulu concentrating on commercial and construction litigation, admiralty and marine matters. In addition, he simultaneous served over 20 years as a Naval Reseve JAG officer retirin...
Barry Sullivan focuses his legal practice on real estate/real estate finance, corporate structuring, development, and the resolution of complex commercial disputes. In over twenty-five years of practice, Barry has become trusted counsel to some of the most successful and active private equity funds, institutional investors, and developers doing business in Hawaii. His breadth of experience in complex commercial litigation, real estate, hospitality, and Hawaii development and business enables ...
Stephanie E. W. Thompson is a Director of the firm. Ms. Thompson concentrates her practice in the areas of commercial and real estate civil litigation. Ms. Thompson has assisted in the representation of various clients from multi-million-dollar corporations to small businesses and individual interests in legal matters ranging from wrongful termination and unfair competition, to negligence, commercial litigation, general business and trust disputes. Ms. Thompson has also participated in other ...
Brett concentrates his practice in the areas of commercial and business litigation, real estate disputes, and intellectual property litigation. Brett is focused on helping clients navigate their way through complex issues and disputes, seeking out creative and efficient solutions to their problems. Through his experience, Brett has represented individuals and Fortune 500 companies in both state and federal court as well as before the Trademark Trial and Appeal Board (TTAB) and various other a...
Kukui Claydon is a Director of the firm. Ms. Claydon is an integral part of the firm’s litigation team, representing clients in complex litigation matters. Ms. Claydon’s practice is well-rounded with impressive depth representing clients in construction, real estate development, large financial institutions and business owners who are often involved in multimillion dollar disputes. Ms. Claydon represents both corporate and public entities, ranging from large and medium-sized Hawai...
Mr. Kelly focuses his practice in the area of commercial litigation, with particular concentration in intellectual property rights. Mr. Kelly is admitted to the New York and Hawaii Bar and earned his Juris Doctor from New York Law School. He is also a member of the panel with the First Circuit Court Annexed Arbitration Program. Mr. Kelly has been selected to the Hawaii Super Lawyers®, "Rising Star" list in the practice area of IP Litigation (2020-2023). Mr. Kelly has been named to The Bes...
Maile Miller is a vital member of the firm’s litigation team, representing clients in a variety of matters. Ms. Miller’s practice focuses on construction, business, and land use litigation, frequently appearing before Hawaii’s State and Federal Courts, in addition to administrative agencies such as the City and County of Honolulu’s Zoning Board of Appeals. Ms. Miller represents a wide variety of corporate and public entity clients, ranging from Hawaii companies, to For...
Casey T. Miyashiro is an Associate in the firm’s Insurance Coverage Litigation; Business & Commercial Law; Real Estate, Land Use, & Eminent Domain; and Condominium & Community Association Law practice groups. Casey earned his law degree from the University of Hawaii, William S. Richardson School of Law, where he graduated cum laude and served as Managing Editor of the University of Hawaii Law Review. Casey was selected by his peers to the 2024 Best Lawyers: Ones to Watch®...
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