HomeMy WebLinkAboutCOM 1041.001 2016-2018 .oJMtY OF •M, Joseph K. Kamelamela
•Harry Kim =4k 4 '••. Corporation Counsel
Mayor
"*�`#'• Renee S.C. Schoen
Assistant Corporation
•A of H#`���`' Counsel
COUNTY OF HAWAI`I
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street,Suite 325 • Hilo, Hawaii 96720 • (808)961-8251 • Fax(808)961-8622
August 29, 2018
COUNTY CLERIC
COUNTY OF HAWAII
Valerie Poindexter, Chairwoman, and Council MembersTime . REEIVED
Hawai`i County Council Date ,' Zoe AuG 2q
25 Aupuni Street
Hilo, Hawai`i 96720
Re: Request to hire special counsel to represent the County in claims made by
George K. Young, Jr. and the entering into an intergovernmental agreement
Dear Chairwoman Poindexter and Council Members:
On June 12, 2012, George K. Young, Jr. ("Mr. Young") filed a lawsuit against the State
of Hawai`i ("State"), the County of Hawai`i and various state and County officials (collectively
referred to as "County") alleging the denial of his applications for a license to carry a firearm
violated the Second Amendment of the United States Constitution ("Lawsuit"). Our office filed
( )
a motion to dismiss and on November 29, 2012, the Honorable Helen Gillmor dismissed the
Lawsuit and Mr. Young appealed to the Ninth Circuit Court of Appeals.
The Ninth Circuit Court of Appeals published its decision on July 24, 2018 finding there
is a constitutional right to open carry firearms pursuant to the Second Amendment of the United
States Constitution("Decision"). The Decision also found a portion of Hawai`i Revised Statutes
("HRS") § 134-9 violated the Second Amendment of United States Constitution.
The State and the County intend to seek en banc review by the Ninth Circuit Court of
Appeals and defend the constitutionality of HRS § 134-9. Should en banc review be granted and an
opinion rendered, it is likely further review by the United States Supreme Court will be sought by
either Mr. Young or the State and County.
The County's interests are aligned with the interests of the State and there is value in
having a united front with a single representative speaking on behalf of the State and County.
The State has retained the services of Neal Katyal of Hogan Lovells to represent it in the Lawsuit
and has requested the County also agree to be represented by Mr. Katyal. If the County agrees, the
State is willing to pay all fees and costs incurred in having Mr. Katyal represent the County along
with the State. // �/
Comm. No. ( a T 1.
Ref. To: F/Cfri -i c t
Ref. Date SEP 0 5 2018
Hawaii County is an Equal Opportunity Employer and Provider
Valerie Poindexter, Chairwoman, and Council Members
Hawai`i County Council
August 29, 2018
Page 2 of 2
Mr. Katyal is highly qualified and was the Acting Solicitor General of the United States
from May 2010 until June 2011 and has argued multiple cases before the United States Supreme
Court. Mr. Katyal was previously retained by the State when it challenged the travel ban. Attached
as Exhibit"A" is a summary of Mr. Katyal's qualifications as well as a brief history of Hogan
Lovells. § 6-5.5 of the Hawai`i County Charter requires authorization by two-thirds vote of the
entire County Council to approve employment of special counsel.
In addition, HRS § 46-7 requires the consent of Council when entering into agreements
with the federal government or any other public body. Therefore, in order to enter into an
agreement with the State whereby the State is required to pay all fees and costs incurred for
retaining Mr. Katyal, Council approval is required. Attached as Exhibit"B" is the proposed
agreement.
Our office recommends Council approve the hiring of Mr. Katyal to represent the County
and consent to the proposed intergovernmental agreement which requires the State to pay for all
fees and costs incurred related to Mr. Katyal's services.
Thank you for your kind consideration.
Very truly yours,
I '\°435M1-1LAUREEN L. MAR IN
Deputy Corporation Counsel Section Chief
LLM:evh
Hogan
L ovens '
Neal Katyal
Partner
Washington, D.C.
Biography
Neal Katyal,the former Acting Solicitor General of the Phone
+1 202 637 5528
United States,focuses on appellate and complex
litigation. In December 2017, American Lawyer Fax
magazine named him The Litigator of the Year; he was +1 202 637 5910
chosen from all the lawyers in the United States.At the
age of 48, he has also already argued more Supreme Email
Court cases in U.S. history than has any minority neal.katvalRhoganlovells.com
attorney, recently breaking the record held by
Thurgood Marshall.
Practices
Neal has extensive experience in matters of patent,
constitutional,technology, securities, criminal,
Litigation
employment, and tribal law. He has orally argued 37 Intellectual Property
cases before the Supreme Court of the United States, Health
with 35 of them in the last nine years. In the 2016-17
term alone, Neal argued seven cases in six separate
arguments at the Supreme Court,far more than any Areas of focus
other advocate in the nation—nearly 10%of the Appellate and Supreme Court
docket. His 2017 win in Bristol Myers Squibb v. Litigation
Superior Court was a landmark victory for personal
jurisdiction law.
Prior to joining Hogan Lovells, Neal served as Acting Education and
Solicitor General of the United States,where he argued admissions
several major Supreme Court cases involving a variety
of issues,such as his successful defense of the Education
constitutionality of the Voting Rights Act of 1965, his
victorious defense of former Attorney General John
EXHIBIT A
Ashcroft for alleged abuses in the war on terror, his Honorary Degree, Doctor of Humane
unanimous victory against eight states who sued the Letters,The City University of New
nation's leading power plants for contributing to global York, 2018
warming,and a variety of other matters.As Acting Honorary Degree,Doctor of Law,
Solicitor General, Neal was responsible for representing Lewis & Clark Law School, 2012
the federal government of the United States in all J.D.,Yale Law School, 1995
appellate matters before the U.S.Supreme Court and
A.B., Dartmouth College,with
the Courts of Appeals throughout the nation. He served highest honors, 1991
as Counsel of Record hundreds of times in the U.S.
Supreme Court. He was also the only head of the
Solicitor General's office to argue a case in the U.S. Bar admissions and
Court of Appeals for the Federal Circuit, on the qualifications
important question of whether certain aspects of the
human genome were patentable. District of Columbia
Neal has also served as a law professor for over two
decades at Georgetown University Law Center,where Court admissions
he was one of the youngest professors to have received U.S. Court of Appeals, 8th Circuit
tenure and a chaired professorship in the university's
history. He has also served as a visiting professor at U.S. Court of Appeals, Federal Circuit
both Harvard and Yale law schools. U.S.Court of Appeals for the D.C.
After graduating from Yale Law School, Neal clerked for
Circuit
The Honorable Guido Calabresi of the U.S. Court of U.S.Court of Appeals,4th Circuit
Appeals for the Second Circuit as well as for The U.S. Court of Appeals, 9th Circuit
Honorable Justice Stephen G.Breyer of the U.S.
U.S. Court of Appeals, 2nd Circuit
Supreme Court. He also served in the Deputy Attorney
General's Office at the Justice Department as National U.S. Court of Appeals, 7th Circuit
Security Advisor and as Special Assistant to the Deputy U.S. Court of Appeals, 6th Circuit
Attorney General during 1998-1999. Neal has U.S. Court of Appeals, 10th Circuit
published dozens of scholarly articles in law journals,
as well as many op-ed articles in such publications as U.S.Supreme Court
the New York Times and the Washington Post, and has
testified numerous times before various committees of
both the U.S. House of Representatives and the U.S.
Senate.
Neal is the recipient of the very highest award given to
a civilian by the U.S. Department of Justice,the Edmund
Randolph Award,which the Attorney General presented
to him in 2011.The Chief Justice of the United States
appointed him in 2011 (and again in 2014) to the
Advisory Committee on Federal Appellate Rules.
Among other honors, he was named as One of the 40
Most Influential Lawyers of the Last Decade
Nationwide by National Law Journal(2010);Appellate
MVP by Law360 numerous times (most recently in
2017);winner of the Financial Times Innovative
Lawyer Award for 2017 in two different categories
(both private and public law); One of the 90 Greatest
Washington Lawyers Over the Last 30 Years by Legal
Times(2008); one of GQs Men of the Year (2017);
Lawyer of the Year by Lawyers USA (2006); Runner-Up
for Lawyer of the Year by National Law Journal(2006);
and one of the top 500 lawyers in the country by
LawDragon magazine for each of the last 11 years. He
also won the National Law Journals pro bono award
in 2004. He recently played himself, arguing a Supreme
Court case against the Solicitor General,in an episode
of House of Cards on Netflix.
After graduating from Yale Law School, he worked as a
summer associate with Hogan Lovells' legacy law firm,
Hogan & Hartson.
Representative experience
Preemption/Mass Torts
Counsel of Record and oral advocate in Learjet v
Oneok(2015) (United States Supreme Court) (natural
gas preemption)
Counsel of Record and oral advocate in Chamber of
Commerce v. Whiting(2011) (United States Supreme
Court) (challenge to Arizona immigration statutes)*
Counsel of Record and oral advocate in American
Electric Power v Connecticut(2011) (United States
Supreme Court) (global warming and common law tort
of nuisance/federal preemption)*
Counsel of Record for United States in Mazda v
Williamson (2011) (United States Supreme Court)
(federal preemption of state safety belt standards)*
Data Privacy/Cyberlaw
Counsel of Record and oral advocate in NASA v Nelson
(2011) (United States Supreme Court) (privacy rights of
employees)*
Counsel of Record and oral advocate in Quon v City of
Ontario (2010) (United States Supreme Court) (privacy
rights over explicit text messages)*
Intellectual Property
Counsel of Record and oral advocate in B&B v Hargis
(2014) (US Supreme Court) (trademark/TTAB)
Counsel of Record and oral advocate in Highmark v
Allcare(2014) (US Supreme Court) (Patent Act Section
285 awards)
Counsel of Record and Oral Advocate in Garcia v
Google/Youtube, (2014) (en banc, 9th Circuit)
(copyright of actor's performance)
Counsel of Record for United States in Microsoft Corp
v i4i Limited(2011) (United States Supreme Court)
(whether patent challengers must establish invalidity
by clear and convincing evidence)*
Counsel of Record for United States in Board of
Trustees of Stanford University v. Roche Molecular
Systems(2011) (United States Supreme Court)
(interpretation of who owns inventions under the
Bayh-Dole Act)*
Counsel of Record at certiorari stage for United States
in Mayo Collaborative Services v Prometheus(2011)
(United States Supreme Court) (patentability of natural
phenomena, medical tests)*
Counsel of Record and oral advocate for United States
in Association for Molecular Genetics v. Myriad
Genetics, Fed Cir (2011) (whether individual genes in
the human genome can be patented)*
Government Contracts
Counsel of Record and oral advocate in General
Dynamics v. United States(2011) (United States
Supreme Court) (over$6 billion at stake, contractual
dispute overAl2 fighter)*
Counsel of Record for United States in Astra USA v
Santa Clara County(2011) (United States Supreme
Court) (pharmaceutical pricing agreements and breach
of contract actions)*
Labor/Employment
Counsel of Record and oral advocate in USAirways v
McCutchen (2012-13) (United States Supreme Court)
(ERISA actions under rules of equity)
Counsel of Record and oral advocate in Genesis Health
v Symcyzk(2012-13) (United States Supreme Court)
(Mooting of class actions under FRCP 68)
Counsel of Record in Glatt v 21st Century Fox(Second
Circuit 2015) (FLSA standards for interns)
Counsel of Record and oral advocate in Lewis v City of
Chicago (2010) (United States Supreme Court) (statute
of limitations for 20,000 person class action of
firefighters)*
Counsel of Record and oral advocate in New Process
Steely NLRB(2010) (United States Supreme Court)
(quorum rules for NLRB)*
Counsel of Record for United States in Thompson v
North American Stainless(2011) (United States
Supreme Court) (whether Title VII creates a cause of
action for retaliation against third parties)*
Counsel of Record for United States in Kasten v.
St-Gobain Performance Plastics Corp (2011) (United
States Supreme Court) (Fair Labor Standards Act—
scope of anti-retaliation provision)*
Counsel of Record and oral advocate in Engquistv
Oregon (2008) (United States Supreme Court)
(intersection of employment law and equal protection
law)*
Securities Regulation/Bankruptcy
Counsel of Record and Oral Advocate in Law v.Siegel
(2014) (United States Supreme Court) (bankruptcy act)
Counsel of Record for United States in Erica P.John
Fund v Halliburton (2011) (United States Supreme
Court) (class actions— loss causation and class
certification)*
Counsel of Record for United States in Janus Capital
Group v First Derivative Traders (2011) (United States
Supreme Court) (securities fraud —who makes an
untrue statement)*
Counsel of Record for United States in Mattrixx
Initiatives v Siracusano(2011) (United States Supreme
Court) (materiality in securities fraud)*
Some Others
Counsel of Record and oral advocate in DHS v
MacLean (2014) (United States Supreme Court)
(whistleblower Act)
Counsel of Record and oral advocate in Kansas v
Cheever(2014) (United States Supreme Court)
(compelled self incrimination)
Counsel of Record and oral advocate in Ashcroft v Al
Kidd(2011) (United States Supreme Court) (liability for
Attorney General Ashcroft in allegedly authorizing
abuses of civil liberties in the war on terror)*
Counsel of Record and oral advocate in Northwest
Austin v Holder(United States Supreme Court)
(constitutionality of the Voting Rights Act of 1965)*
Counsel of Record and oral advocate in Hamdan v
Rumsfeld(2006) (United States Supreme Court)
(constitutional and international law challenge to the
military tribunals at Guantanamo)*
Counsel of Record and oral advocate in Thomas More
Law Center v Obama (6th Cir. 2011) (constitutional
challenge to the new healthcare law, the Affordable
Care Act)*
Counsel and oral advocate in Al Ma/aqi v Gates(DC
Cir. 2010) (habeas corpus rights for individuals
detained in Afghanistan)*
*Matter handled prior to joining Hogan Lovells.
Awards and rankings
Litigator of the Year, Grand Prize Winner, American
Lawyer, 2017
t Top 500 Lawyers in America; one of 41 nationwide
to win everyyear; recognized on "Legends" list,
Lawdragon Magazine, 2006-2018
4 Appellate Law (Nationwide), Chambers USA,
2013-2017
Dispute Resolution:Appellate: Supreme Court
(Federal and State), Leading Lawyer, Legal 500 US,
2013-2017
Appellate Attorney of the Year, Benchmark Litigation,
2018
Appellate MVP, Law360, 2013-2014, 2017
10 Most Innovative Lawyers, Financial Times, 2015
Edmund Randolph Award (highest award DOJ can
give a civilian), Department ofJustice, 2011
Lawyer of the Year, Lawyers USA, 2006
Lawyer of the Year, Runner-up, National Law Journal,
2006
Latest thinking and events
Press Releases
Hogan Lovells Wins for Philadelphia in Fight for
Sanctuary Policies
Hogan Lovells Publications
BHR 360: highlights from 2017, and what to watch
out for in 2018 Hogan Lovells
Press Releases
Hogan Lovells Wins for Philadelphia Sanctuary
Policies
Announcements
POLITICO Magazine Names Neal Katyal to Its
Annual Politico 50 List 2017
Published Works
Supreme Court Case Concerning President Trump's
Travel and Refugee Bans- Key Documents
Published Works
The Hogan Associate (and Partner) Who Knocked
Out the Travel Ban The AmLaw Litigation Daily
8/28/2018 Hogan Lovells-Wikipedia
WIKIPED1A
Hogan Lovells
Hogan Lovells is an international law firm co-headquartered in London
Hogan Lovells
and Washington, D.C.. It was formed on May 1, 2010 by the merger of
Washington-based Hogan & Hartson and London-based Lovells.l41
Hogan Lovells has around 2,500 lawyers working in more than 4o offices
in the United States,Europe, Latin America,the Middle East,and Asia.
In 2013, Hogan Lovells was the eleventh largest law firm in the world by
revenues,[5] earning around US$1.8bn (£1.1bn) that year.[6] By 2017, the I [ [4J
gan
firm had risen to 7th worldwide with gross revenues exceeding USS2
L ovens
billion.l�)
Hogan Lovells claims specialization in "government regulatory, litigation
and arbitration,corporate,finance,and intellectual property".I81 Headquarters London, United
Kingdom
Washington, D.C.,
Contents United States
History No. of offices 49[1]
Hogan & Hartson No. of attorneys 2,800
Lovells Major practice General practice
Hogan Lovells
areas
Practice
Lobbying in the United States Key people Stephen J. Immelt
South African Revenue Service (SARS) scandal (CEO)
See also David Hudd
References (Deputy CEO)
External links Revenue A$1.72 billion/£1.03
billion (2013)[21
Profit per equity A $1.2 million/
History partner £721,000 (2013)131
Date founded 2010
Hogan & Hartson (Hogan Lovells)
1904
Hogan & Hartson was founded by Frank J. Hogan in 1904. In 1925, (Hogan&Hartson)
Hogan was joined by Nelson T. Hartson, a former Internal Revenue 1899
Service attorney, and John William Guider. Hogan & Hartson then went (Lovells)
into partnership in 1938•
Company type Limited liability
In 1970, Hogan & Hartson became the first major firm to establish a partnership
separate practice group devoted exclusively to providing pro bono legal Website www.hoganlovells.com
services. The Community Services Department (CSD) dealt with civil (http://www.hoganlovel
rights, environmental, homeless and other public interest groups. In Is.com)
1990, Hogan & Hartson opened an office in London, their first outside
https://en.wikipedia.org/wiki/Hogan_Lovells 1/5
8/28/2018 Hogan Lovells-Wikipedia
the U.S.[9]
HOGAN &
In 2000, the firm expanded to Tokyo and Berlin (after poaching a team from the
former German ally of UK firm Linklaters). The firm expanded its presence in New HARTSON
York and Los Angeles in 2002 when it acquired mid-sized law firm Squadron, The logo of Hogan & Hartson
Ellenoff, Plesent&Sheinfeld, a storied New York City-based practice with strengths prior to the Hogan Lovells
in media,litigation and First Amendment law.110] merger
At the time of the merger, Hogan & Hartson was the oldest major law firm
headquartered in Washington, D.C_, United States. It was a global firm with more than 1,100 lawyers in 27 offices
worldwide,including offices in North America,Latin America,Europe,the Middle East and Asia.
Lovells
Lovells traced its history in the UK back to 1899, when John Lovell set up on his own account at
Octavia Hill,between St Paul's and Smithfield. He was later joined by Reginald White,a clerk in his
previous firm,to whom he gave articles. In 1924,they were joined by Charles King,forming Lovell,
White&King. Soon after formation,the firm moved to Thavies Inn at Holborn Circus later to Lovells
Serjeant's Inn,Fleet Street,before moving to 21 Holborn Viaduct in October 1977. Lovii5
Lovells was formed as a result of a number of earlier mergers. In 1966, Lovell, White & King The logo of
Lovells prior to
merged with Haslewoods, a firm with a much longer history of private client work. Haslewoods the Hogan
diverse clients included the Treasury Solicitor.In 1988, Lovell, White &King, which by then had a Lovells merger
large international commercial practice, merged with Durrant Piesse, known, in particular, for its
specialism in banking and financial services, forming Lovell White Durrant. It then changed to
Lovells in 2000 when the firm merged with German law firm Boesebeck Droste. Other mergers then followed in other
European countries during the early 2o0os(decade).111]
In the early 2000s Lovells invested strongly in China, expanding is office in Beijing and opening an office in Shanghai
becoming the second largest foreign firm in China. Following five years of growth, culminating in the opening of the firm's
Madrid office in 2004, Lovells had a presence in every major European jurisdiction. In 2007, Lovells opened an office in
Dubai, offering legal services to corporations, financial institutions and individuals in the Middle East and at the
beginning of 2009 opened an office in Hanoi.In September 2009,Lovells opened an associated office in Riyadh.
At the time of the merger, Lovells was a London-based international law firm with over 300 partners and around 3,150
employees operating from 26 offices in Europe,Asia and the United States.
Hogan Lovells
Hogan&Hartson and Lovells announced their agreement to merge on 15 December 2009.112]Hogan Lovells was officially
formed on May 1,2010.
In December 2011 it was reported that Hogan Lovells would be moving to a single chairman model following the
retirement of John Young.1131
In December 2013, Hogan Lovells merged with South African firm Routledge Modise.The addition of about 120 lawyers
in the Johannesburg office make up the first physical location for Hogan Lovells in Africa although the firm maintains a
presence in Francophone Africa through its Paris office.1141
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Practice ;. Me it ,
Hogan Lovells practices in a variety of commercial law. Hogan Lovells has
advised on the following matters: •
• Advised Kodak Pensioner Plan on its $650m acquisition of the personal
film business from Kodak[151 m A
• Counselled tech-giant Dell on its$24.4bn deal to go private[16]
• Advised fashion label Nicole Farhi on its £5.5m sale to businesswoman , laKt
and heiress, Maxine Hargreaves-Adams[1n
• Advised long-standing client SABMiller on its£7.8bn acquisition of
Australian brewer Foster's Group on aspects of structuring the bid and — �!_.
acquisition finance.[18] _• Advised SABMiller on its€1 bn Eurobond issue.[19] ' = ` • •
• Advised Apple Inc. on its $17bn (£10.9bn) bond issue, described as the
largest corporate bond offering in history.[20]
• Assisted with the negotiation of terms with Fairtrade regarding sourcing '
and use of sustainable cocoa in Maltesers for Mars[21] The London office of Lovells in
• Advised the Republic of Ecuador in the negotiation of a multimillion-dollar 2008, shortly before the merger with
facility agreement to be used by the state-owned television and radio Hogan & Hartson.
network, RTV Ecuador[22'
• Advised the underwriters Bank of America Merrill Lynch and Goldman
Sachs in connection with the initial public offering (IPO) of Empire State Realty Trust, Inc., whose properties include
among others Manhattan's Empire State Building.[23]
• Acted for PricewaterhouseCoopers Bermuda in cases stemming from Bernard Madoff's Ponzi schemes[241
• In May 2014, Snapchat turned to Hogan Lovells to hire its first General Counsel, appointing a Washington DC-based
partner.125]
• In July 2015, power management semiconductor company Semitrex hired Hogan Lovells to lobby for energy
efficiency issues.[261
• On December 19, 2017 Massachusetts Senate Committee in Ethics hired Hogan Lovells to lead an inquiry into
Senate President Stanley C. Rosenberg's conduct and whether he violated the rules of the Senate stemming from
allegations from four men that Rosenberg's husband, Bryon Hefner, sexually assaulted or harassed them and
bragged he had influence on Senate business.[27'
Lobbying in the United States
Hogan Lovells is among the largest lobbying firms in the United States. Before the merger, by revenue, Hogan & Hartson
was among the top five lobbying firms in the United States.[28]Since the merger, the firm has remained among the largest
lobbying firms,servicing$12.3 million in lobbying 2013.1291
South African Revenue Service (SARS) scandal
In October 2016, Hogan Lovells was dragged into the Jonas Makwaka investigation as part of the Zuma corruption
scandal.[301 The firm's role was "to conduct an independent investigation into allegations against Mr Jonas Makwakwa and
Ms Kelly Ann Elskie".[311 Although the report concluded that "disciplinary action should be taken", the document was
widely seen as effectively a whitewash.[321 Other international firms implicated in Zuma related scandals have included
KPMG and McKinsey.
See also
• Hogan Lovells Professor of Law and Finance, a position at the University of Oxford
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References
1. "Offices Hogan Lovells" (http://www.hoganlovells.com/offices/). Hogan Lovells. Retrieved 24 Jun 2014.
2. Kathleen Hall (28 Feb 2014). "Hogan Lovells posts 'best year ever' results" (http://www.lawgazette.co.uk/practice/hog
an-lovells-posts-best-year-ever-results/5040153.article). Law Society Gazette. Retrieved 23 Jun 2014.
3. Lucy Burton (27 Feb 2014). "Hogan Lovells partners in line for bonus after PEP hits $1.2m" (http://www.thelawyer.co
m/analysis/the-lawyer-management/financial-news/hogan-lovelis-partners-in-line-for-bonus-after pep-hits-12m/30168
74.article). The Lawyer. Retrieved 23 Jun 2014.
4. Amanda Becker(3 May 2010). "Hogan Lovells merger makes firm one of largest in U.S." (https://www.washingtonpos
t.com/wp-ddyn/content/article/2010/04/30/AR2010043002575.html)Washington Post. Retrieved 23 Jun 2014.
5. Jennifer Smith (11 Dec 2013). "Hogan Lovells Taps Steve Immelt as Firm's First Lone CEO" (https://blogs.wsj.com/la
w/2013/12/11/hogan-lovelis-taps-steve-immelt-as-firms-first-lone-ceo/). Wall Street Journal. Retrieved 24 Jun 2014.
6. "Legal Week:Lovells to enter global top 10 after securing Hogan merger vote" (http://www.legalweek.com/legal-wee
k/news/1566229/lovelis-enter-global-securing-hogan-merger-vote). legalweek.corn.
7. Gina Passarella Cipriani (24 April 2018). "The 2018 Am Law 100 Ranked by: Gross Revenue" (https://www,law.com/a
mericanlawyer/2018/04/24/the-2018-am-law-100-ranked-by-gross-revenue/). The American Lawyer.
8. "About Us" (http;//www.hoganlovells.com/aboutus/overview/). Hogan Lovells. Retrieved 24 Jun 2014.
9. Marisa M. Kashino (12 Dec 2011). "Howrey v. Hogan & Hartson: A Timelineahttp://www.washingtonian.com/articles/p
eople/howrey-v-hogan-hartson-a-timeline/). The Washingtonian. Retrieved 24-Jun 2014.
10. 'News in Brief,' The Lawyer, January 21, 2002. http://www.thelawyer.com/news-in-brief/102697.article.
11. "Global Lawyers- International Law Firm-Hogan Lovells" (http//www.lovells.com/Lovells/AboutLovells/OurHistory/his
tory.htm). lovells.com.
12. V. Dion Haynes, Hogan & Hartson, Lovells approve merger(https://www.washingtonpost.com/wp-dyn/content/article/2
009/12/15/AR2009121504930.html), Washington Post, December 16, 2009.
13. "Hogan Lovells to move to single chairman as co-incumbent retires" (http://www.thelawyer.com/hogan-lovells-to-move
-to-single-chairman-as-co-incumbent-retires/1010478.article). The Lawyer. 1 December 2011. Retrieved
18 December 2011.
14. Elizabeth Amon (20 Nov 2013). "Hogan Lovells to Open in South Africa: Business of Law" (https://www.bloomberg.co
m/news/2013-11_20/hogan-lovells-to-open-in-south-africa-business-of-law.html). Bloomberg L.P. Retrieved 27 Jun
2014.
15. http://www.thelawyer.com/news-and-analysis/city/latest-deals/hogan-lovelis-and^links-in-focus-as-kodak-sells-unit-to-
uk-pensioners-for-650m/3004314.article
16. "Hogan Lovells" (http://www.hoganlovells.com/hogan-lovelis-advises-dell-on-us244-billion-deal-to-go-private-02-06620
13/). hoganlovells.com.
17. "Legal Week- Hogan Lovells, DLA lead on Nicole Farhi sale out of administration" (http://www.legalweek.com/legal-w
eek/news/2284315/hogan-lovells-dla-lead-on-nicole-farhi-sale-out-of-administration). legalweek.corn.
18. "Hogan Lovells" (http://www.hoganlovells.com/hogan-1lovells-advises-sabmiller-on-us19bn-strategic-alliance-10-19-20
11/). hoganlovells.corn.
19. "Hogan Lovells" (http://graduates.hoganlovells.com/your_career/working_with_clients/sabmiller_case_study/).
hoganlovells.com.
20. http://www.thelawyer.com/news/city-latest-deals/hogan-lovelis-and-simpson-thacher bite-into-record-l7bn-apple-
bond/3004386.article
21. "Hogan Lovells" (http://graduates.hoganlovells.com/your career/working_with_clients/mars_case_study/).
hoganlovells.com.
22. http://www.thelawyer.com/firms-and-the-bar/hogan-lovelis-advises-republic-of-ecuador-on-financing-for-rtv-ecuador-
project/3018359.article
23. "Hogan Lovells" (http://www.hoganlovells.com/newsmedia/Detail.aspx?news=2703). hoganlovells.com.
https://en.wikipedia.org/wiki/Hogan_Lovells 4/5
8/28/2018 Hogan Lovells-Wikipedia
24. "Hogan Lovells" (http://www.hoganlovells.com/hogan-Iovells-secures-victory-ffor-pwc-bermuda-in-madoff-case-11.30-2
011/). hoganlovells.corn.
25. http://www.thelawyer.com/in-house/in-house-news/snapchat_turns-to-hogan-Iovells-for-first-gc-hire/3020131.article
26. "Covington welcomes back Eric Holder, lobbying on banks and legalized marijuana picks up" (https://www.washington
post.com/news/powerpost/wp/2015/07/06/covington-welcomes back-eric-hholder-lobbying-on-banks-and-legalized-mar
ijuana-picks-up/).washingtonpost.com. 2015-07-06. Retrieved 2016-08-09.
27. "Senate hires firm to lead Rosenberg investigation-The Boston Globe" (https://www.bostonglobe_com/metro/2017/1
2/18/senate-hires-firm-leadd-rosenberg-investigation/PLrg161PWQ7uoVBz3nMGdK/story.html#comments).
BostonGlobe.corn. Retrieved 2017-12-27.
28. Jeffrey H. Birnbaum (27 Mar 2007). "Lobbying Is Lucrative. Sometimes Very, Very Lucrative" (https://www.washington
postcom/wp-dyn/content/article/2007/03/26/AR2007032602027.html). Washington Post. Retrieved 23 Jun 2014.
29. "Lobbying Spending Database: Hogan Lovells 2013" (http://www.opensecrets.org/lobby/firmsum.php?id=D000059877
&year=2013). Center for Responsive Politics. Retrieved 23 Jun 2014.
30. The President's Keepers
31. https://www.hoganlovells.com/en/news/hogan-Iovells—role-in-the-makwakwa-investigation
32. https://www.dailymaverick.co.za/article/2018-03-15-scorpio-poking-holes-in-tax-boss-tom-moyanes-statement-on-
makwakwas-resignation/
External links
• Hogan Lovells website (http://www.hoganlovells.coml
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https://en.wikipedia.org/wiki/Hogan_Lovells 5/5
MEMORANDUM OF AGREEMENT BETWEEN THE ATTORNEY GENERAL,STATE
OF HAWAII AND THE COUNTY OI HAWAII REGARDING JOINT
REPRESENTATION IN'YOUNG v. STATE OF HAWAII, CCA No. 1247808
This Memorandum of Agreement is entered into on this itg day of sr , 2018,
by and between the Attorney General, State of Hawaii (State), and the Corporation Counsel of
the County of Hawaii (County).
WHEREAS,by a decision filed on July 24, 2018,in Young v. State of Hawaii, CCA No.
12-17808 ("Young"),in an appeal filed by Plaintiff George K. Young,Jr. from the dismissal of
his action against the State and the County in the United States District Court for the District of
Hawaii, the United States Court of Appeals for the Ninth Circuit held, among other things, that
'the Second Amendment does protect the right to carry a firearm in public for self-defense," and
that Hawaii Revised Statutes ("HRS") "section 134-9's limitation on the open carry of firearms
to those 'engaged in the protection of life and property' violates the core of the Second
Amendment and is void," and reversed the District Court's judgment in favor of the County, and
dismissed Mr. Young's appeal from the District Court's dismissal of his claims against the State;
WHEREAS, on July 31, 2018, the County filed a motion for an extension of time until
September 14, 2018, to file a petition for rehearing or rehearing en bane in the Ninth Circuit,
which was granted by an order entered on August 2, 2018;
WHEREAS, the County included a declaration from Deputy Attorney General and
Solicitor General Clyde J. Wadsworth, which informed the court that the State intends to move
to participate in further proceedings in Young, pursuant to 28 U.S.C. § 2403(b) and Yniguez v.
Arizona, 939 F.2d 727 (9th Cir. 1991),in order to present argument on the question of HRS §
134-9's constitutionality;
WHEREAS, the Attorney General selected Hogan Lovells LLP and its member
Neal Kumar Katyal,Esq. (collectively "Hogan Lovells")to represent the State in Young in the
Ninth Circuit (and any other court as necessary,should subsequent proceedings be initiated) on
all issues that may arise in the litigation, including the question,of the constitutionality of HRS §
134-9 and any part thereof; and
WHEREAS, the County is pursuing retention of outside counsel and has asked the
Attorney General whether,in the event the County also,retains Hogan Lovelis to represent the
County in Young, and Hogan Lovells agrees to represent the State and the County jointly, the
,------
EXHIBIT B S .
State will agree to pay all of the fees and costs charged by Hogan Lovells for the joint
representation.
NOW,THEREFORE,provided the:County retains Hogan Lovells to represent the
County in Young in the Ninth Circuit (and any other court as necessary, should subsequent
proceedings be initiated), and provided further Hogan Lovells agrees to represent the State and
the County jointly on all issues that may arise in the litigation, including the question of the
constitutionality of HRS § 134-9 and any part thereof(the "Joint Representation"),
1. The State, by the Attorney General, agrees to pay all of the fees and costs Hogan
Lovells charges for the Joint Representation of the State and the County in Young;
2, The County agrees to support and/or join the State's motion to participate in
further proceedings in Young; and
3. In the event the State's motion to participate in further proceedings is denied, the
State's understanding is that Hogan Lovells will represent the County pro bono, at no charge to
the County.
•
IN WITNESS WHEREOF, the Attorney General and the Corporation Counsel of the
County of Hawaii execute this Agreement by their signatures on the dates below,to be effective
as of the date first above written.
Date Joseph K. Kamelamela
Corporation
Counsel a ,
County of Hawaii
fiTh
Date Russell A. Suzuki
Attorney General
State of Hawaii