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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 https://en.wikipedia.org/wiki/Hogan_Lovells 2/5 8/28/2018 Hogan Lovells-VVikipedia 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 https://en.wikipedia.org/wiki/Hogan_Lovells 3/5 8/28/2018 Hogan Lovells-VUkipedia 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 Retrieved from "https://enwikipedia.org/w/index.php?title=Hogan_Lovells&oldid=854867624" This page was last edited on 14 August 2018, at 09:55 (UTC). Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy PolicyWikipedia®is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. 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