Find Lawyers in Honolulu, Hawaii for Litigation - Real Estate
Practice Area Overview
For developers, litigation can arise with land sellers over purchase and sale agreements; with municipalities over zoning and entitlements; and with contractors over construction bidding, cost overruns, and construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery; with junior and mezzanine lenders over subordination obligations; and with mechanic lienors over priority rights to the real property and loan proceeds. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.
Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud and tortious interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.
Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.
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...
Matt Evans is a Director of Damon Key and practices in the firm’s Business and Commercial Law, Real Estate, Construction Law, Creditors’ Rights, and Trial and Appellate Litigation, Arbitration and Mediation practice groups. With a primary focus on commercial disputes, Matt aims to provide legal services in a manner that places his clients’ goals at the center, with a mind toward helping them prevent disputes before they occur and, when necessary, resolve disputes by finding ...
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...
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...
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...
Anna is in Damon Key’s Dispute Resolution and Real Estate and Construction practice areas. As a director of the firm, her main focus is construction law and commercial litigation. She has represented construction organizations, developers, owners, contractors, subcontractors, suppliers and design professionals in reviewing and drafting construction contracts, as well as in all forums of dispute resolution, including extensive arbitration and administrative hearings, and appeals. She is ...
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)...
Brad concentrates his practice in the areas of real estate development and finance, real estate workouts and restructuring, real estate foreclosure, insolvency, purchase and sales contracts, exchange agreements, ground and retail leases, limited partnerships, joint venture agreements, business and corporate formation, commercial transactions, corporate litigation and commercial litigation. Mr. Pulice is member of the Real Estate, Business Formation, Corporate and Condominium Practice Groups. ...
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 ...
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 ...
Mr. Wong concentrates on real estate acquisitions, sales, financing and development, business consultation, and related areas. He has participated in transactions involving the acquisition, financing, development, operation and/or sale of resort hotels, golf courses, commercial office buildings, shopping centers, residential condominium projects, vacant land, and ongoing business concerns. His clients include real estate companies, resort hotel owners, developers, and financial institutions, ...
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®...
Ross Uehara-Tilton is an Attorney in the firm’s Tax Planning, Compliance and Audits, Trust and Probate Litigation, Estate Planning, Business and Commercial Law, and Appellate Litigation practice groups. He earned his law degree from the University of Hawaii, William S. Richardson School of Law, where he served as Co-Editor-in-Chief and Staff Writer for the University of Hawaii Law Review. Ross received his LL.M. (Masters of Laws) degree in Taxation and Certificate in Estate Planning fro...
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