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HomeMy WebLinkAboutCC.11 Starn O`Toole Marcus & Fisher, A Law CorporationCOUNTY OF HAWAI‘I OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawai‘i 96720 Phone (808) 961-8251 Fax (808) 961-8622 Hawai`i County is an Equal Opportunity Employer and Provider Mitchell D. Roth Mayor Elizabeth A. Strance Corporation Counsel J S. Yoshimoto Assistant Corporation Counsel July 26, 2023 Via Electronic Mail only A. Bernard Bays Andrew J. Lautenbach John W. Kelly Starn O`Toole Marcus & Fisher Pacific Guardian Center, Makai Tower 733 Bishop Street, Suite 1900 Honolulu, Hawai‘i 96813 abb@starnlaw.com alautenbach@starnlaw.com jkelly@starnlaw.com Dear Sirs: Re: Fiscal Year 2023-24 Professional Services: Statement of Qualifications (SOQs) Thank you for submitting your firm’s Statement(s) of Qualifications for providing professional services to the Office of the Corporation Counsel, County of Hawai‘i. Based upon the information provided, the Department’s review committee has determined that your firm is qualified to perform services for the following category(ies): CC.1) Attorney/Law (Civil Rights Defense) CC.2) Attorney/Law (General Personal Injury Defense) CC.3) Attorney/Law (Criminal Defense of County Employees) CC.4) Attorney/Law (General defense in civil matters, including administrative proceedings) CC.5) Attorney/Law (Federal and State Tax) CC.6) Attorney/Law (Worker's Compensation) CC.7) Attorney/Law (Constitutional) CC.8) Attorney/Law (Public Sector Employment) CC.9) Attorney/Law (Public Financing) CC.10) Attorney/Law (Drafting of Legislation and Administrative Rules) CC.11) Attorney/Law (Real Estate) CC.12) Attorney/Law (Land Use, Planning) CC.13) Attorney/Law (Class Actions) CC.14) Attorney/Law (Procurement) A. Bernard Bays Andrew J. Lautenbach John W. Kelly Starn O`Toole Marcus & Fisher July 26, 2023 Page 2 CC.15) Attorney/Law (Enforcement of Federal, State and County Law) CC.16) Attorney/Law (Condemnation) CC.17) Attorney/Law (Construction Litigation) CC.18) Attorney/Law (Bankruptcy) CC.19) Attorney/Law (Commercial Transactions) CC.20) Attorney/Law (Collections) CC.21) Attorney/Law (Fair Labor Standards Act and other laws related to compensation) CC.22) Attorney/Law (Environmental) CC.23) Attorney/Law (Regulatory) Your firm will remain on the Department’s List of Qualified Providers of Professional Services until June 30, 2024. For your information, this list may be utilized by any County agency during this time period. When the need for professional services arises, a selection committee will review the qualifications of firms on the list in the appropriate category. Professional services procurements that equal or exceed $5,000.00 are posted on the County’s website within seven (7) days of the contract award. Thank you for your interest in providing professional services to the County of Hawai i. If you have any questions or concerns, please contact Amy Bautista at corpcounsel@hawaiicounty.gov or (808) 961-8251. Respectfully, Lerisa L. Heroldt Deputy Corporation Counsel Litigation Section Chief Chair, 2023-24 Professional Services Statement of Qualifications Review Committee cc: Elizabeth Spradlin, Legal Assistant (via e-mail only) espradlin@starnlaw.com Heidi Wurm, Legal Assistant (via e-mail only) hwurm@starnlaw.com A. Bernard Bays Andrew J. Lautenbach John W. Kelly Starn O`Toole Marcus & Fisher July 26, 2023 Page 3 bcc: County of Hawai‘i, Procurement with enclosure (application packet) STAR\ O'TOOLE MARCUS FISHER A LAW CORPORAT ION Elizabeth A. Strance Department of Corporation Counsel County of Hawaii Hilo Lagoon Centre 1 01 Aupuni Street, Unit 325 Hilo, HI 96720 Elizabeth.Strance hawaiicounty. QUALIFICATION AND EXPRESSION OF INTEREST FOR PROFESSIONAL LEGAL SERVICES A. Bernard Bays State O'toole Marcus & Fisher 733 Bishop Street, Suite 1900 Tel.: 808-537-6100 Fax: 808-537-5434 LAW FIRM AFFILIATIONS Stara O'Toole Marcus & Fisher Pacific Guardian Center 733 Bishop Street, Suite 1900 Honolulu, Hawaii 96813 Bays Lung Rose Voss Topa Financial Center 700 Bishop Street, Suite 700 Honolulu, HI 96813 April 2022 to Present 1986 to 2022 Pacific Guardian Center, Makai Tower - 733 Bishop Street, Suite 1900 -- I lonolulu, III 96813 Telcphonc: (808) 537-6100 — Fax: (808) 537-5434 — Website: www.statillaw.corn 2839576 Carlsmith Ball 1001 Bishop St Suite #2100 I lonolulu, HI 96813 1975 to 1985 LEGAL EDUCATION Stanford Law School, Stanford, CA; J.D.; 1969 Law Review BAR ADMISSION Admitted to Practice in I lawaii; October 1970 RANGE OF HOURLY RATES Applicant :500 to $650 Directors 5900 to $375 Associates $350 to $200 Paralegals S190 APPLICANTS FIRM CAN PROVIDE SERVICES FOR: CC.2 General Personal Injury Defense CC.4 General Defense in Civil Matters CC.11 Real Estate CC.12 Land Use, Planning CC.16 Condemnation CC.17 Construction Litigation CC.19 Commercial Transactions QUALIFICATIONS See attached for Qualification of A. Bernard Bays See attached for Qualifications of Starn O'Toole Marcus & Fisher "1--e A. Bernard Bays c;767 610622 Date STARN '00LE MARCUS cfFISHER A LAW CORPORATION A. Bernard Bays Director, Attorney at Law Starn O'Toole Marcus & Fisher, A Law Corporation Pacific Guardian Center, Makai Tower 733 Bishop Street, Suite 1900 Honolulu, Hawaii 96813 Telephone: 808-537-6100 Direct Line: 808-447-5601 Mobile: 808-284-8805 Email:abb©starnlaw.com Bernie Bays became a Director of Starn O'Toole Marcus & Fisher in 2022. Prior to joining Starn O'Toole Marcus & Fisher, Mr. Bays was a partner of a prominent Honolulu law firm he founded in 1986. During his over 50 years of practice in Hawaii, Mr. Bays has gained a statewide reputation for his expertise in complex commercial litigation, real estate law and litigation, land use law and litigation and trusts and estates Litigation. Because of the stringent experience and testing requirements, he is one of the few attorneys in Hawai'i who is Board Certified as a Civil Trial Advocate by the National Board of Legal Specialization and who has also been certified by the Supreme Court of Hawai'i as a specialist in Civil Trial Advocacy. Mr. Bays has achieved the highest "AV Preeminent" rating by the Martindale-Hubbell® legal rating service. He is also recognized by the Best Lawyers in America© list, in multiple practice areas since 2006. Mr. Bays is also a licensed real estate broker. Mr. Bays has represented clients in landmark litigation cases in all state and federal courts including the Supreme Court of the United States and all lower courts. Mr. Bays has: • Trusts and Estates Litigation - Represented the Parker Ranch Foundation Trust in defeating a will contest over the $450M estate of Richard Smart filed by his two sons. The estate included the 225,000 acre Parker Ranch located at Waimea on the Island of Hawaii. < Lease Rest Arbitration — Represented the Hilton Waikiki Beach Hotel in the arbitration of the ground lease rent for the Hotel. Real Estate Litigation - Represented Aloha Tower Associates, the developers of Aloha Tower Marketplace, in a $710M case against Mitsue Bank and Trust for its misconduct in the development of the Marketplace. . Real Estate Law and Litigation - Represented the Makena Beach Partnership of local Maui investors In negotiating and obtaining the appropriations for a $12.0M sale of their Makena Beach property to the State of Hawaii. He also subsequently represented the Partnership in obtaining a Judgment against the State of Hawaii for an additional $5.5M because of fraud by the State. • Major Land Use Reclassification - Represented the Newton family before the State Land Use Commission in reclassifying more than 400 acres of land above Hilo on the Island of Hawaii from Conservation to Agriculture o Antitrust Litigation - Represented Budget Rent A Car in the State's largest antitrust case against Hawaiian Airlines. • Antitrust Litigation - Represented Oahu Gas Services in an antitrust case against Gasco. • Community Representation Litigation - Represented the St. Louis I leights Community Association in a test case appealing and reducing the real property taxes for hundreds of homeowners. • Real Estate Litigation - Represented Hidenori Ito in successfully blocking the $11M sale of the Gerbode Estate property in central Oahu which enabled Ito to buy the property for $10.3M. o Real Estate lest Case - Represented a group of homeowners in a landmark case before the US Suprei-ne Court upholding the constitutionality of the Hawaii Land Reform Act. o Real Estate Test Case - Represented a homeowner group in a test case before the Hawaii Supreme Court upholding the Hawaii Lease Rent Renegotiation Relief Act. o Corporation Test Case -- Represented Crown Corporation in a federal test case upholding the validity of a reverse stock split. • Real Estate Litigation - Represented Michael Fuchs, the fowler Vice Chairman of Tinge Warner, in a lawsuit regarding the $18M purchase of an oceanfront development property from Mauna Lani Resort that enabled Fuchs to purchase the property for $16,5M. • Real Estate and Corporation Litigation - Represented Seibu Corporation in defending a case to block the sale of the Makena Resort and Prince Hotel on Maui. The case was dismissed and affirmed on appeal allowing the V300M sale to proceed. o Trusts and Estates Litigation - Represented a beneficiary in litigation against the $1,0B Damon Estate where he achieved a multi-million dollar settlement for one of the beneficiaries. • Lease Rent Arbitration -- Represented the Royal Aloha condominiums in the arbitration of the ground lease rent, • Lease Rent Arbitration — Represented the Lessor in the arbitration of the ground lease rent for the S, Beretania Taco Bell and Pizza Hut. o Major Land Use Reclassification -- Represented Forest City as co-counsel before the Land Use Commission to obtain approval for the Kam'akana planned community at Kailua-Kona on the Island of Hawaii. • Land Use Litigation - Represented Forest City successfully defending land use approval litigation in opposition to the Forest City Kamakana planned community brought by a large adjoining landowner. • Major Land Use Approval Represented the developer of the Aina Lea planned community in proceedings before the Land Use Commission to have the affordable housing requirement reduced from 60% down to 20% for its planned community adjacent to the Mauna Lani Resort on the Island of Hawaii. • Land Use Approval - Represented the Aina Lea planned community developer in obtaining approval from the Hawaii County Council for a timeshare component in its planned community. • Land Use Litigation -- Represented the Aina Lea planned community developer in successfully defending litigation brought by a nearby community challenging the timeshare approval. o Real Estate Litigation - Represented a prominent real estate developer in a suit against Kaiser I-lospital which enabled the developer to purchase the Waikiki Prince Hotel site, O Major Land Use Litigation Successfully represented the developer in litigation opposing development of the Waikiki Prince Hotel, including the first appellate decision in Hawaii upholding the issuance of a Special Management Area Use Permit for development of the hotel. o Real Estate Litigation -- Represented a large national developer in a case against Crocker National Bank regarding $135M in loans secured by 3 large Honolulu condominium projects which resulted in a reduction of the loan balances to a fraction of their face value, • Community Land Use - Represented the St. Louis/CharnirK-Ide Corm-nullity Association successfully opposing certain undesirable aspects of a nearby condominium development. • Community Land Use - Represented a coalition of North Shore Community Associations in successfully opposing a $1B rock quarry proposed for the North Shore in a contested case before the Planning Commission, o Community Real Estate Litigation -- Represented thousands of single family lessees in litigation and negotiations to buy the fee interest in their homes, o Community Real Estate Representation - Represented ttiousands of condominium lessees in buying the fee interest in their condos, • Major Land Use Litigation - Represented the developer of the Kaluakoi Resort Community on Molokai in a test case before the Ninth Circuit Court of Appeals to obtain a water supply for the resort. • Shoreline Land Use Approvals Represented various landowners in obtaining shoreline development Clprovals, O Shoreline Land Use :Litigation Successfully defended litigation challenging various shoreline development approvals. Areas of Practice • Commercial Litigation • Real Estate Law and Litigation • Land Use Law and Litigation • Trusts and Estates Litigation • Corporation and Partnership Litigation • Professional Errors and Omissions Defense Litigation Certified Legal Specialties • Civil Trial Advocacy, Supreme Court of Hawaii o Civil Trial Advocate, National Board of Legal Specialization (National Board of Trial Advocacy) Bar Admissions • California • Hawaii • U.S. Supreme Court • U.S. District Court of Hawaii o U.S. Court of Appeals 9th Circuit Education o Stanford Law School, Palo Alto, California -- 1969 Stanford Law Review, Board of Editors o University of Southern California, Los Angeles, California B.A. (Magna Cum Laurie) Major: Economics Minor: Business and Accounting Published Works o "How to Avoid and Handle Real Estate Disputes", The Real Book of Real Estate, By Robert Kiyosaki, Vanguard Press o Business & Economic Reactions to Climate Change Renewable Energy, -MG o Insurance Company Reactions to Climate Change, TSG o Title risks and title Insurance Coverage, NBI o Constitutional Limitations on Land Use Regulations, NBI o Challenging a Rezoning Decision, NBI • Co-Author, Practical Guide to Zoning and Land Use Law o The Scramble to Protect the American Dream in Paradise: Is Affordable Housing Possible in Hawaii?, Hawaii Bar Journal o Hawaii Boundary Law: Critical Issues and Solutions Every Practitioner Needs to Know o Advanced Real Estate Purchases & Sales, Agency Duties and Liabilities o Agency Duties & Liabilities: Advanced Conference on Real Estate Purchase and Sales o Boundary Law in Hawaii o Risk Management I l l: Misrepresentation and Non-Disclosure • Risk Reduction • When You Can't Settle, Try Mediation o Hazardous Waste, The Purchasers Point of View • Real Estate Broker Liability • How Agency Relationships and Disclosure Affect Managing Agents • What You Need to Disclose About Leases o Current Legal Aspects of Real Estate Law o Misrepresentation and Disclosure in Real Estate • Real Estate Brokers: Selected Legal Issues o Errors and Omissions, Casualty, Liability, and Other Insurance for • the Attorney O Avoid Agency/Stab-Agency Liability • I lnwaii Land Reform Act: A New Approach o Real EstateLitigation: Condemnation o Handling the Lawyer's Professional Liability Claim Classes/Seminars o Lectured extensively on real estate and litigation topics including the following: • Real Estate Law and Ethics, UH extension o Rising Tides — Climate Change O Advanced Issues in Real Estate Law Boundary Issues and Easement Law • Zoning and Land Use Law O Boundary Law in Hawaii O Risk Management I I I: Misrepresentation and Non-Disclosure • Risk Reduction o When You Can't Settle, Try Mediation O Hazardous Waste, The Purchasers Point of View O Real Estate Broker Liability O How Agency Relationships and Disclosure Affect Managing Agents O What You Need to Disclose About Leases • Current Legal Aspects of Real Estate Law • Misrepresentation and Disclosure in Real Estate • Real Estate Brokers: Selected Legal Issues • Errors and Omissions, Casualty, Liability and Other Insurance for the Attorney • Avoid Agency/Sub-Agency Liability O Hawaii Land Reform Act: A New Approach • Real Estate Litigation: Condemnation o Handling the Lawyer's Professional Liability Claim Honors and Awards • Certified as a specialist in Civil Trial Advocacy by the National Board of Trial Advocacy O Certified by the Hawaii Supreme Court as a specialist in Civil Trial Advocacy o Highest "AV Preeminent" Rating by Martindale-Hubbell® O Best Lawyers in America©, Best Lawyers© List since 2006 o Hawaii Super Lawyers, "Top 25" List, 2010-2021 Professional Associations and Memberships • Urban Land Institute o Hawaii Leeward Planning Conference Real Estate Development Experience ^ Mr. Bays has personally been involved in over 30 real estate projects, both large and small, including ranch, residential, industrial and office building projects. This experience enables M r. Bays to thoroughly understand all aspects of the development process. STARK O'TOOLE MARCUS & FISHER A LAW CORPORATION Director abb@starnlaw.com 808-537-6100 Education Stanford Law School J.D. (1969), Stanford Law Review, Board of Editors University of Southern California, Los Angeles B.A.. Economics. magna cum laude Areas of Practice: Complex Commercial Litigation, Real Estate Law and Litigation, Land Use and Zoning Approval and Litigation, Trusts and Estates Litigation, Business Litigation, Legal Malpractice Litigation-Defense Professional Activities: Licensed in Hawaii, California (Inactive) Admitted to practice in the U.S District Court for the District of Hawaii Admitted to practice in the U.S. Court of Appeals for the Ninth Circuit Admitted to practice in U.S. Federal Courts Admitted to practice in the U.S. Supreme Court Member, National Trial Lawyers Member Litigation Counsel of America Hawaii Leeward Planning Conference Urban Land Institute Certified Legal Specialties: Civil Trial Advocacy, Supreme Court of Hawaii Civil Trial Advocate, National Board of Legal Specialization (National Board of Trial Advocacy) Presentation/ Articles: "Non-Compete Agreements in the Sale of a Business" A. BERNARD BAYS Hawaii litigation attorney, A. Bernard "Bernie" Bays is a Director of the firm. Mr. Bays has over 50 years of experience and has successfully represented 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 of Trial Advocacy (NBTA) and in Civil Trial Advocacy by the Supreme Court of Hawaii. Mr. Bays is one of only two Hawaii lawyers who are certified by the NBTA. Mr. Bays has represented clients in all state and federal courts including the Supreme Court of the United States, the Supreme Court of Hawaii, the Ninth Circuit Court of Appeals and all lower courts. Mr. Bays is a member of the Hawaii State Bar Association's,"Living Legend Lawyers". Mr. Bays has been recognized by The Best Lawyers in America©, as a "Lawyer of the Year" in Honolulu in the practice area of Legal Malpractice Law-Defendant Litigation (2015). He is also recognized by The Best Lawyers in America© in the practice areas of Commercial Litigation, Real Estate Litigation, Legal Malpractice Law-Defendants and Trusts and Estates Litigation. Mr. Bays has also been selected for inclusion to the "Top 25" Hawaii Super Lawyers® list eleven consecutive times since 2010 in the practice area of Business Litigation, and selected to the list since 2008. Mr. Bays holds Martindale-Hubbell's® highest "AV Preeminent" rating given by his legal peers based on his work, reputation and integrity. Mr. Bays has held this distinction for 35 years. Mr. Bays was a founding partner at a large Hawaii law firm concentrating his practice in complex litigation. Some examples of Mr. Bays' legal work include: Represented the Parker Ranch Foundation Trust in defeating a will contest over the $450M estate of Richard Smart filed by his two sons. The estate included the 225,000 acre Parker Ranch located at Waimea on the Island of Hawaii. Represented Aloha Tower Associates, the developers of Aloha Tower Marketplace, in a $710M case against Mitsue Bank and Trust for its misconduct in the development of the Marketplace. Represented the Makena Beach Partnership of local Maui investors in negotiating and obtaining, the appropriations for a $12.0M sale of their Makena Beach property to the State of Hawaii. Subsequently represented them in obtaining a Judgment against the State of Hawaii for an additional $5.5M because of fraud by the State. Represented the Newton family before the State Land Use Commission in reclassifying more than 400 acres of land above Hilo on the Island of Hawaii from Conservation to Agriculture. Represented Budget Rent A Car in an antitrust case against Hawaiian Airlines. Represented Oahu Gas Services in an antitrust case against Casco. Represented the St. Louis Heights Community in a test case appealing and reducing the real property taxes for hundreds of homeowners. Represented Hidenori Ito in blocking the $11M sale of the Gerbode Estate property; which enabled Ito to buy the property for $10.3M. Represented homeowner groups before the U.S. Supreme Court in a landmark case upholding the constitutionality of the Hawaii Land Reform Act. Represented a homeowner group in a test case before the Hawaii Supreme Court u pholding the Hawaii Lease Rent Renegotiation Relief Act. Represented Michael Fuchs, the former Vice Chairman of Time Warner, in a lawsuit regarding the $18M purchase of an oceanfront development property from Mauna Lani Resort that enabled Fuchs to purchase the property for $1.6.5M. Represented Seibu in defending a case to block the sale of the Makena Resort and Prince Hotel on Maui. The case was dismissed and affirmed on appeal allowing the $500M sale to proceed. Represented Forest City as co counsel before the Lancl Use Commission to obtain approval for a 2,600 unit affordable housing planned community at Kailua-Kona on the Island of I lawaii and in litigation challenging the Land Use Commission approval. Represented Forest City in land use approval litigation in opposition to the Forest City planned community brought by the adjoining landowner. Represented the Aina Lea project in proceedings before the Land Use Commission to have the affordable housing requirement reduced from 60% down to 20% for its 1,900 unit planned community adjacent to the Mauna Lani Resort on the Island of Hawaii. Represented the Aina Lea project in defending land use approval litigation brought by a nearby community. Represented developer Jack Myers in a suit against Kaiser Hospital which enabled Myers to purchase the Waikiki Prince Hotel site. Also represented Myers in litigation involving development of the hotel, including the first appellate decision in Hawaii upholding the issuance of a Special Management Area Use Permit. Represented developer Pankow Associates in a case against Crocker National Bank regarding $135M in loans secured by 3 large condominium projects which resulted in a reduction of the loan balances to a fraction of the face value. Represented the St. Louis/Chaminade Community in successfully opposing certain undesirable aspects of a proposed condominium development. Represented a coalition of North Shore Community groups in successfully blocking a $IB Ameron rock quarry operation that had been planned for the North Shore. Represented tens of thousands of single family lessees in purchasing the fee interest in their homes. Represented thousands of condominium lessees in buying the fee interest in their condos. Represented the developer of the Kaluakoi Resort Community on Molokai in a test case before the Ninth Circuit Court of Appeals to obtain a water supply for the resort. Published Works: Ho')H,u,s,', onooir. ioHo;_, "1, 1 1110n( 1101 11/ f';, '0( t101 1. ( 110 Mtn 1. 1 1,1 1-1( 1I '101, (w,1 nric Piot, inow, ors I H elmons'', LYnzoni, ,L,t1 :14111101, 111(1( 11(101( 44,1: /L,1 1111,1 (WC/ L( ?, Le. i IIe I dl i'-,101,i o 111,:fc(11 15,) I I )be t-A,Nor)' I )id " f iii I HI H i ihc A..rivfri, Hu,IHmi in InOi H i ii Holi i . il l I 1 vo\,i i H lo(;i ii I i ui I 1)1,, ,111(1 1 1,11):In I )t liss (`. 1_);Ii»101( c) 1( )(H I i 1 ,", 1993-1996, 1999 "Boundary Law in Hawaii", 1991,1994,1995 "Risk Management Misrepresentation and Non-Disclosure", 1991 "Risk Reduction", 1990 "When You Can't Settle, Try Mediation", 1990 "Hazardous Waste, The Purchasers Point of View", 1989 "Real Estate Broker Liability", 1989 "How Agency Relationships and Disclosure Affect Managing Agents", 1989 "What You Need to Disclose About Leases', 1988 "Current Legal Aspects of Real Estate Law", 1986 "Misrepresentation and Disclosure in Real Estate", 1986 "Real Estate Brokers: Selected Legal Issues", 1985 "Errors and Omissions, Casualty, Liability, and Other Insurance for the Attorney", 1984 "Avoid Agency/Sub-Agency Liability", 1984 "Hawaii Land Reform Act: A New Approach", 1984 "Real Estate Litigation: Condemnation", 1984 "Handling the Lawyer's Professional Liability Claim", 1984 Starn O'Toole Marcus & Fisher Law Corporation I 733 Bishop Street, Suite 1900, Honolulu, Hawaii 96813 Ph: 808-537-6100 I Fax: 808-537-5434 I www.starnlaw.com STARS O'TOOLE MARCUS FISHER A LAW CORPORAT I ON 'Fleece Warriors, 'Innovative Dearmakers Stain O'Toole Marcus & Fisher is a leader among Hawaii law firms, recognized for its expertise in real estate law, commercial transactions and complex commercial litigation in Hawaii, the US mainland and internationally. The firm's intellectual power, mental strength and toughness generate winning strategies, strong negotiations and in- novative settlements for clients. Above all, the firm's passion for excellence and responsive client service has earned an international reputation for extraordinary client results. Accolades AV Preeminent® Rated Finn - Martindale-Hubbell® Ranked "Tier 1" among Hawaii law firms, US News & World Report-Best Lawyers© "Best Law Firms" 23 Practice Areas 36 "Lawyer of the Year" Recognitions - The Best Lawyers in America© (2011-2023) Named in 15 Practice Areas 14 Best Lawyers© — The Best Lawyers in America©, 6 Selected to "Ones to Watch" List Named in 36 Practice Areas-102 Recognitions 8 Lawyers Selected to the "Top 25" Hawaii Super Lawyers® List More "Top 25" lawyers than any other Hawaii Law Relit (2011, 2014, 2020, 2021) 11 Selected to the Hawaii Super Lawyers®, Super Lawyers® List, 9 Selected to Rising Star List Business Litigation — Real Estate Law IP Litigation Lawyer Named "Star" by Chambers and Partners USA Directory of Leading Lawyers for Business Commercial Litigation Since 2012 11 Lawyers Ranked by Chambers and Partners USA Directory Leading Lawyers for Business Business Litigation —Real Estate Law — Corporate/Commercial Law Firm and 2 Lawyers Ranked by Chambers and Partners High Net Worth Guide Private Wealth Law Selected "Litigation Law Firm of the Year-Hawaii" — Benchmark Litigation (2020 - 2022) Lawyer Named "Top 250 Women in Litigation" — Benchmark Litigation (2011-2014) 6 Lawyers Named "Litigation Stars" by Benchmark Litigation, Two "Future Stars" Highly Recommended Law Firm "Lifetime Achievement Award" Recipient by Pacific Edge Magazine "Women Who Mean Business: Award Recipient by Pacific Business News "Best Places To Work" by Hawaii Business Magazine A V Preeminent® Rating By Martindale-Hubbell® Pacific Guardian Center, Makai Tower -- 733 Bishop Street, Suite 1900 — Honolulu, HI 96813 Telephone: (808) 537-6100 -- Fax: (808) 537-5431— Website: www.starnlawcorn STARV O'TOOLE MARCUS FISHER A LAW CORPORATI ON Law Firm Rated AV Preeminentql) 17 Lawyers Rated AV Preeminent® A. Bernard Bays, Trevor A. Brown, Norman H.Y. Cheng, Doug Chin, Duane R. Fisher, Andrew J. Lautenhach, Sharon V Lovejoy, Ivan M. Lui-Kwan, Kenneth B. Marcus, Maile S. Miller, Christine N. Ohira, Lindsay E. Orman, Terence J. O'Toole, Judith Ann Pavey, Paul II. Sato, Sara S.T. Strona, Stephanie E.W. 'Thompson US News & World Report - Best Lawyers in America©, "Best Law Firms" Ranked "Per 1" in Hawaii in 23 Specialties Administrative/Regulatory Law Appellate Practice Arbitration Bet-The Company Litigation Business Organizations Civil Rights Law Commercial Finance Commercial Litigation Construction Law Corporate Law Government Relations Practice Land Use (_($1 Zoning Law Legal Malpractice Law-Defendants Leisure & Hospitality Law Litigation-Banking & Finance Litigation-Construction Land Use & Zoning Litigation Litigation-Mergers & Acquisitions Litigation-Real Estate Medical Malpractice Law Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Best Lawyers in America© -"Lawyer oldie Year" Honolulu Lawyer of the Year Lawyer of the Year Lawyer of the Year Lawyer of the Year I,awyer of the Year Lawyer of the Year Lawyer of the Year Lawyer of the Year (2015) (2017) (2019) (2020, 2023) 2023) (2022) (2015) (2020,2023) A. Bernard Bays Trevor A. Brown Trevor A. Brown Trevor A. Brown Doug Chin Trevor A. Brown Duane R. Fisher Duane R. Fisher Legal Malpractice Law-Defendants Mortgage Banking Foreclosure Law Closely Held & Family Businesses Securities Litigation Civil Rights Law Legal Malpractice Law-Defendants Corporate Law Business Organizations Lawyer of the Year(2014, 2022)Sharon V. Lovejoy Banking & Finance Litigation Lawyer of the Year(2015,2019)Sharon V. Lovej oy Mortgage Banking Foreclosure Law Lawyer of the Year(2020)Sharon V. Lovejoy Appellate Practice Lawyer of the Year(2015,2018)Ivan M. Lui-Kwan Government Relations Practice Lawyer of the Year(2023)Ivan M. Lui-Kwan Government Relations Practice Lawyer of the Year(2022)Ivan M. Lui-Kwan Administrative/Regulatory Law Lawyer of the Year(2016)Kenneth B. Marcus Business Organizations Lawyer of the Year(2017)Kenneth B. Marcus Mergers and Acquisitions Law Lawyer of the Year(2011,2019)Terence J. O'Toole Bet-The-Company Litigation Lawyer of the Year(2023)Terence J. O'Toole Bet-The-Company Litigation Lawyer of the Year(2012,2015)Terence J. O'Toole Banking & Finance Litigation Lawyer of the Year(2014,2018)Terence J. O'Toole Appellate Practice Lawyer of the Year(2022)Terence J. O'Toole Appellate Practice Lawyer of the Year(2013,2018)Judith Ann Pavey Banking & Finance Litigation Lawyer of the Year(2023)Judith Ann Pavey Banking & Finance Litigation Lawyer of the Year(2014,2019)Judith Ann Pavey Product Liability Litigation Lawyer of the Year(2020,2023)Judith Ann Pavey Medical Malpractice Law-Plaintiff 6/01/2023 Slam O'Toole Marcus & Fisher 2 STAR\ O'TOOLE MARCUS f FISHER A. Bernard Bays Trevor A. Brown A LAW CORPORAT ION Best Lawyers© Recognized Practice Areas Commercial Litigation Legal Malpractice Law-Defendants Real Estate Litigation Appellate Practice Arbitration Business Organizations Closely Field Companies & Family Businesses Commercial Litigation Commercial Transactions/UCC Law Corporate Law Legal Malpractice Law-Defendants Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Real Estate Litigation Securities Litigation Trusts and Estates Litigation Norman II.Y. Cheng Real Estate Law Douglas S. Chin Duane R. Fisher Andrew J. Lautenbach Sharon V. Lovejoy 6/01/2023 Slam O'Toole Marcus &Risher Administrative/Regulatory Law Civil Rights Law Commercial Litigation Government Relations Practice Business Organizations Construction Law Corporate Law Land Use & Zoning Law Real Estate Law Commercial litigation Construction Litigation Real Estate Litigation Appellate Practice Arbitration Banking & Finance Litigation Commercial Litigation Construction Litigation Eminent Domain & Condemnation I,aw Environmental Litigation Land Use & Zoning Litigation Mass Tort Litigation/Class Actions -Defendants STAR\ O'TOOLE 'MARCUS FISHER A LAW CORPORATI ON Sharon V. Lovejoy Ivan M. Kenneth B. Marcus Christina N. Ohira Mass Tort Litigation/Class Actions -Plaintiffs Mortgage Banking Foreclosure Qui Tam Law Real Estate Litigation Administrative/Regulatory Latin Government Relations Practice Real Estate Law Business Organizations Commercial Finance Law Leisure & Hospitality Law Mergers & Acquisitions Law Real Estate Law Business Organizations I,and Use & Zoning I ,aw Real Estate Law Terence J. O'Toole Appellate Practice Arbitration Banking & Finance litigation Bet-The-Company Litigation Commercial Litigation Construction Litigation Land Use & Zoning Litigation Mass Tort Litigation/Class Action -Plaintiffs Mergers & Acquisition Litigation Real Estate Litigation Judith Ann Pavey Banking & Finance Litigation Commercial Litigation Construction litigation Medical Malpractice Law Personal Injury Litigation Product Liability Litigation Paul H. Sato Stephanie E.W. Thompson 6/01/2023 Starn O'Toole N43reus Fisher Commercial Litigation Real Estate Law Real Estate Litigation Appellate Practice Commercial Litigation Real Estate Litigation STAR\ O'TOOLE MARCUS ,> FISHER A LAW CORPORAT ION Best Lawyers©, "Ones to Watch", Recognized Practice Areas Robert J. Brown Robert J. Brown Kukui Claydon John H. Kelly Maile S. Miller Lindsay E. Orman Sara S.T. Strona Commercial Litigation Criminal Defense-General Real Estate Litigation Commercial Litigation Real Estate Litigation Commercial Litigation Intellectual Property Litigation Real Estate Litigation Commercial Litigation Environmental Litigation Land Usc & Zoning Law Real Estate Litigation Business Organizations Corporate Law Eminent Domain & Condemnation Law Government Relations Practice Land Use & Zoning Law Real Estate Law Business Organizations Corporate Law Real Estate Law "Top 25" Lawyers in Hawaii, Super Lawyers® List More "Top 25" attorneys than any other Hawaii Law Firm, (2011, 2014, 2020, 2021) A. Bernard Bays Business Litigation 2008, 2010-2021 Trevor A. Brown Business Litigation 2015, 2018-2022 Sharon V Lovejoy Business Litigation 2023 Terence J. O'Toole Business Litigation 2011, 2020 Judith Ann Pavey Business Litigation 2016 Norman H.Y. Cheng Real Estate Law 2021-2023 Duane R. Fisher Real Estate Law 2014, 2020-2023 Kenneth B. Marcus Real Estate Law 2011, 2012, 2014 Selected to the Hawaii Super Lawyers® List A. Bernard Bays Trevor A. Brown Andrew J.1,autenbach Sharon V. Lovejoy Terence J. O'Toole Judith Ann Pavey Business Litigation Business Litigation Business Litigation Business Litigation Business Litigation Business Litigation 6/01/2023 Stara 0"loole Marcus Rc Fisher 5 STAR\ O'TOOLE MARCL A LAW Stephanie E.W. Thompson Robert J. Brown Kukui Claydon Maile S. Miller Eric S. Robinson John W. Kelly Norman II.Y. Cheng Duane R. Fisher Ivan M. Lui-Kwan Kenneth B. Marcus Lauren K.O. Kagawa Christina N. Ohira Lindsay E. Orman Sara S.T. Strona CORPORAT I ON S FISHER Business Litigation Business Litigation, Rising Star Business Litigation, Rising Star Business Litigation, Rising Star Business Litigation, Rising Star IP Litigation, Rising Star Real Estate Law Real Estate Law Real Estate Law Real Estate Law Real Estate Law, Rising Star Real Estate Law, Rising Star Real Estate Law, Rising Star Real Estate Law, Rising Star Chambers and Partners USA Leading .Lawyers For Business Litigation, Firm, Band "1" Real Estate Law, Firm, Band "2" Coiporate Commercial, Firm, Band "2" "Star", Chambers and Partners' USA Leading Lanyers for Business Terence J. O'Toole Litigation/General Commercial Recognized Each Consecutive Year Since 2012 Recognized by Chambers and .Partners USA Leading Lawyers For Business Kenneth B. Marcus Duane R. Fisher Terence J. O'Toole Sharon V. Lovejoy Stephanie E.W. Thompson Trevor A. Brown Andrew Lautenbach Judith Ann Pavey Doug Chin Kenneth B. Marcus Duane R. Fisher Norman H.Y. Cheng Trevor A. Brown Lindsay E. Orman Corporate Commercial, Band 2 Corporate Commercial, Band 2 Litigation/Commercial, Star Litigation/Commercial, Band 1 Litigation Commercial, Band 2 Litigation/Commercial, .F3and 3 Litigation Commercial, Band 3 Litigation Commercial, Band 3 Litigation Commercial, Band 3 Real Estate, Band Real Estate, Band 2 Real Estate, Band 3 Real Estate, Band 3 Real Estate, Up and Coming Recognized by Chambers and Partners' High Net Worth Guide Private Wealth Law, Firm, Band "2" Trevor A. Brown Christina N. Ohira 6/01/2023 Starn O'Toole Marcus & Fisher Private Wealth Law, Band 2 Private Wealth Law, Band STARS O'TOOLE MARCUS FISHER A LAW CORPORAT ION "Top 250 Women in Litigation in the United States", Benchmark Litigation, (2011-2014) Sharon V Lovejoy Litigation Star Benchmark Litigation Selected "Litigation Law Firm of the Year-Hawaii" — Benchmark Litigation Highly Recommended Firm (2020 - 2022) Trevor A. Brown Doug Chin Andrew J. Lautenbach Sharon V Lovejoy Terence J. O'Toole Judith Ann Pavey Stephanie E.W. Thompson Maile S. Miller Litigation Star Litigation Star Litigation Star Litigation Star litigation Star Litigation Star Future Star Future Star 2014 "Lifetime Achievement Award" Pacific Edge Magazine Ivan M. Itii-Kwan "Women Who Mean Business", Pacific Business News (2018) Sharon V. Lovejoy "Best Places To Work" by Hawaii Business Magazine 6/01/2023 Stan; O'Toole Marcus E Fisher 7 STAR\ O'TOOLE MARCL FISHER A LAW CORPORATI ON FIRM OVERVIEW Siam O'Toole Marcus & Fisher is a leader among Hawaii real estate and business law firms, recognized for its expertise in real estate law, commercial transactions and complex commercial litigation in Hawaii, the US main- land and internationally. Firm transactional and litigation attorneys often join forces in complex commercial matters that require both busi- ness law and litigation experience. The firm's intellectual power and mental strength and toughness generate win- ning strategies, strong negotiations and innovative settlements for clients. Above all, the firm's attorneys have a passion for excellence and responsive client service, earning the firm an international reputation for extraordinary client results. Starn O'Toole Marcus & Fisher's senior partners bring impressive depth in both years of practice and a skill level earned from working complex and nuanced cases for many years. Six senior partners have practiced over 45 years and remain actively involved in their legal practice. US News tt World Report - Best Lawyers in America N, "Best Law Firms" Ranked "Tier 1" in Hawaii in 23 Specialties Administrative/Regulatory Law Appellate Practice Arbitration Bet-The Company Litigation Business Organizations Civil Rights Law Commercial Finance Commercial Litigation Construction Law Corporate Law Government Relations Practice Land Use & Zoning Law Legal Malpractice Law-Defendants Leisure & Hospitality Law Litigation-Banking & Finance Litigation-Construction Land Use & Zoning Litigation Litigation-Mergers & Acquisitions Litigation-Real Estate Medical Malpractice Law Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Stain O'Toole Marcus & Fisher has earned Martinda/e-Hubbell's® highest AV Preeminent® rating, given by our legal peers for achieving the highest standards of professional ethics, excellence and legal ability. Our litigation attorneys and transactional team have been selected to the "Top 25", Hawaii Super Lawyers® list in the practice areas of business litigation and real estate law. Firm attorneys have earned 36 recognitions as The Best Lawyers in America®, "Lawyers of the Year" in Honolulu (2011-2023), in both transactional and litigation practice areas. Our firm is ranked "Tier I" in Hawaii in 23 specialties by US News & 1Mrld Report-Best Lawyers in America® ".Bes't Law Fn-ms". The firm has been selected for inclusion each year since the accolade's inception in 2010. The firm is Benchmark Litigation's "Hawaii Litigation Firm of the Year" for 2020 - 2022, and a "Highly Recom- mended" law firm since 2011. 6/01/2023 Stun O'Toole Marcus C Fisher STARS O'TOOLE MARCLS FISHER A LAW CORPORATION A LITIGATION POWERHOUSE Stain O'Toole Marcus & Fisher's litigation powerhouse has extensive experience, including significant jury and non-jury trial work, in complex commercial litigation encompassing business, corporate, contract and accounting issues related to Hawaii real estate development, corporate ownership and management, the hotel and hospitality industry, environmental matters, construction claims, lender liability, class actions and personal injury matters. Our respected team of litigation attorneys have trial expertise before State and Federal courts in Hawaii and the US mainland, including the US Supreme Court, and has served as litigation general counsel before courts in for- eign jurisdictions. When clients are faced with complex commercial issues concerning matters in Hawaii and beyond, the firm's at- torneys are amongst a handful of select "go-to" lawyers. OUR TRIAL APPROACH & ATTORNEYS Victory in the legal environment means triumph: economic satisfaction, a win-win agreement, or sometimes, just being proclaimed right. The importance of the path to victory-strategies, players, and desired outcomes make the selection of the legal trial team critical for success. The job is to design a road map that considers each twist and turn that may be pre- sented. The experience and intellectual brainpower of the client's trial attorneys often accounts for the outcome of litigation by crafting each strategic move on the battlefield along the way. Stun O'Toole Marcus & Fisher's litigation attorneys take the fight for every client as if it were their own battle. -To be responsible and involved is a hallmark of the law firm, which is built on the power of its people. The firm is Benchmark Litigation's "Hawaii Litigation Firm of the Year" for 2020 - 2022, and a "highly ReC0111- mended" law firm since 2011. The firm's litigation attorneys are recognized by The Best Lawyers in America®, Chambers and Partners USA Directory of Leading Lawyers for Business, The Bar Register of Preeminent Lawyers Tm, selected to Hawaii Super Lawyers® list, Benchmark Litigation and Martindale-Hubbell ®. Stain O'Toole Marcus & Fisher is rated AV Preeminent®, Martindale-Hubbell's® highest possible rating, given to us by our legal peers for achieving very high ethical standards and professional ability. Directors & Counsel A. Bernard Bays has been named a "Lawyer of the Year" in Honolulu by The Best Lawyers in America© and selected to the "Top 25," Hawaii Super Lawyers® list. Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA) and the Supreme Court of Hawaii. Mr. Bays is one of only a handful of Hawaii lawyers who are certified by the NBTA. Trevor A. Brown has been recognized by The Best Lawyers in .America© in fourteen litigation and transactional categories, named "Lawyer of the Year" in Honolulu multiple times and is in Chambers and Partners USA Lead- Mg Lawyers for Business and Chambers and Partners' High Net Worth Guide. Mr. Brown has been selected to the "Top 25" _Hawaii Super Lawyers® list, named a "Litigation Star" by Benchmark Litigation, and has served as Chair of the Litigation Section of the Hawaii State Bar Association. Doug Chin has been named to The Best Lawyers in America© list, named "Lawyer of the Year" in Honolulu, is in Chambers and Partners USA Leading Lawyers for Business, named a "Litigation Star" by Benchmark Litigation, and is rated AV Preeminent, Martindale-Hubbell's® highest rating possible, for his skill and integrity. Mr. Chin 6/01/2023 Slam O'Toole Marcus & Fisher 9 STAR O'TOOLE MARCLS FISHER A LAW CORPORAT I ON focuses his practice on commercial litigation, administrative law and government relations. Mr. Chin served as Hawaii Attorney General, appointed by Governor David Igc. Kukui Claydon has been selected to The Best Lawyers in America®, Ones to Watch list, and selected to the Hawaii Super Lawyers®, "Rising Star" list each year since 2018. Ms. Claydon focuses her practice in the area of commercial litigation. Ms. Claydon is admitted to the Hawaii Bar, and earned her Juris Doctor from Georgetown University Law Center, graduating with honors. Andrew J. Lautenbach has been named to The Best Lawyers in America® list, selected to the Hawaii Super Lawyers® list, is in Chambers and Partners USA Leading Lawyers for Business and named a "Litigation Star" by Benchmark Litigation. Mr. Lautenbach is rated AV Preeminent®, Martindale-Hubbell's® highest rating possible for his skill and integrity, and serves as a Director on the Board of the Hawaii Chapter of the Federal Bar Associa- tion. Sharon V. Lovejoy has been selected for inclusion by Benchmark Litigation's' "7bp 250 Women in Litigation in the United ,S'Iates"(2011-14) and Pacific Business Mews' 2018 "Women Who Mean Business". Ms. Lovejoy has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America®, multiple times, selected to the "Top 25" Hawaii Super Lawyers® list in Chambers and Partners USA Leading Lawyers for Business, named a "Litigation Star" by Benchmark Litigation, is a Senior Fellow of the Litigation Counsel of America and is a Fel- low of the Federal Bar Foundation. Maile S. Miller Since 2018, Ms. Miller has been selected to The Best Lawyers in America®, Ones to Watch list, and the Hawaii Super Lawyers®, "Rising Star" list each year. She has also been named a "Future Star" by Benchmark Litigation and is rated AV Preeminent® by Martindale-Hubbell®. Ms. Miller represents a variety of clients in litigation and pre-litigation matters. Ms. Miller is admitted to the Hawaii Bar, and earned her Juris Doc- tor from the University of Hawaii, William S. Richardson School of Law. Terence J. O'Toole has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America® multi- ple times, selected to the "Top 25," Hawaii Super Lawyers® list, named a "Star" by Chambers and Partners USA Directory of Leading Lawyers for Business and named a "Litigation Star" by Benchmark Litigation. Judith Ann Pavey has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America® multiple times, selected to the "Top 25" Hawaii Super Lawyers® list, in Chambers and Partners USA Leading Lawyers for Business, and a "Litigation Star" by Benchmark Litigation. Ms. Pavcy is a member of the American Board of Trial Lawyers, American Association of Justice and the American Inns of Court. Ms. Pavey practices and is recognized for her work in both commercial and personal injury litigation matters. Paul H. Sato has been named to The Best Lawyers in America® list. Mr. Sato is rated AV Preeminent®, Martin- dale-Hubbell's® highest rating possible, for his skill and integrity. He is a seasoned litigation attorney who has over 40 years of experience and focuses on commercial litigation, real estate law, corporate law and administra- tive law. Stephanie E.W. Thompson has been named to The Best Lawyers in America® list, selected to Hawaii Super Lawyers® list, in Chambers and Partners USA Leaching Lawyers for Business and named a "Future Star" by Benchmark Litigation. Ms. Thompson is rated AV Preeminent®, Martindale-Hubbell's® highest rating possible for skill and integrity, and served as the 2015 Chairperson of the Litigation Section of the Hawaii State Bar Asso- ciation. 6/01/2023 Stun O'Toole Marcus & fisher 10 STARS CYTOOLE ,MARCLS FISHER A LAW CORPORAT I ON BUSINESS FOCUSED REAL ESTATE ATTORNEYS Starn O'Toole Marcus & Fisher's real estate and business law attorneys are known for sophisticated case analysis and innovative business solutions for complex matters. Our attorneys have significant experience in real estate development and transactions, hotels, hotel management agreements, corporate finance, international transactions, secured transactions, mergers and acquisitions, construction law and complex commercial matters, in Hawaii, the US and internationally. The firm's impressive skill and experience in strategic case planning, ingenious solutions and powerful negotia- tions in all aspects of complex real estate transactions has opened many doors for domestic and international clients, and have helped many navigate Hawaii's complex land use and permitting laws. OUR TRANSACTIONAL APPROACH AND ATTORNEYS Stara O'Toole Marcus & Fisher transactional attorneys have an innate talent for critical thinking through each complex commercial matter. What's more, they excel in solving the pieces of a puzzle, examining the players, unraveling the details of agreements and handshake deals, to identify the keys that will give the client the clear advantage. in today's complex competitive environment, firm transactional attorneys shine when approaching the deal table. Strong, experienced and prepared for endless possible moves and counter-moves, firm attorneys drive for excep- tional results for every client whether they are a family owned business or an international corporation. Our transactional attorneys are recognized by The Best Lawyers in America®, Chambers and Partners USA Di- rectory of Leading Lawyers for Business, The Bar Register of Preeminent Lawyers TM and selected to the Hawaii Super Lawyers 12 list. All Stain O'Toole Marcus & Fisher transactional Directors are rated AV Preeminent®, the highest rating possible given by Martindale-Hubbell®, a distinction given by our legal peers for achieving the highest standards for pro- fessional skill, ethics and integrity. Directors Trevor A. Brown is recognized by The Best Lawyers in America® for both business and litigation matters, named by The Best Lawyers in America®, "Lawyer of the Year" in Honolulu multiple times, selected to the "Top 25" Hawaii Super Lawyers® list, is in Chambers and Partners USA Leading Lawyers for Business and Chambers and Partners High Net Worth Guide and named a "Litigation Star" by Benchmark Litigation. Mr. Brown is often called upon to work on client matters that require business and litigation strategy. Norman H.Y. Cheng is Managing Director of the firm. Mr. Cheng has been named to The Best Lawyers in Amer- ica® list, selected to the "Top 25" Hawaii Super Lawyers® list, is in Chambers and Partners USA Directory of Leading Lawyers for Business. Mr. Cheng is rated AV Preeminent®, Martindale-Hubbell WO highest rating possi- ble for his skill and integrity. He practices in the area of real estate law, and participates on many non-profit boards. Duane R. Fisher has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America®, selected to the "Top 25" Hawaii Super Lawyers® list, in Chambers and Partners USA Directory of Leading Lawyers fill. Business and is recognized for his expertise in real estate, corporate and construction law. Ivan M. Lui-Kwan has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America® and se- lected to the Hawaii Super Lawyers® list. Mr. Lui-Koran is rated AV Preeminent® by Martindale-Ihtbbell®, is 6/01 /2023 Slain O'Toole Marcus & Fisher I I STARS O'TOOLE MARCUS FISHER A LAW CORPORAT I ON the Ambassador to the US for the Maori King Tuheitia, and National Board Member of The American Judicature Society. Kenneth B. Marcus has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America®, se- lected to the "Top 25" Hawaii Super Lawyers® list, in Chambers and Partners USA Directory of Leading Lawyers for Business and is a member of the International Society of Hospitality Consultants (ISI IC). Mr. Marcus has structured numerous successful hotel management agreements and authored the Hawaii State Bar Association Real Estate Manual chapter. Christina N. Ohira has been named to The Best Lawyers in America© list and selected to the Hawaii Super Lawyers® Rising Star list. Ms. Ohira concentrates her practice in the areas of real estate and commercial transac- tions, and has received Martindale-Hubbell's® highest possible "AV Preeminent®" rating for her legal skill and integrity. Lindsay E. Orman has been named to The Best Lawyers in America©: Ones to THatch list, Chambers and Part- ners USA Leading Lawyers for Business, Hawaii Super Lawyers® Rising Star list, and is rated AV Preeminent®, Martindale-Ihthhell's® highest rating possible for her skill and integrity. Ms. Orman focuses her practice in areas of real estate and land use law, business law, and legislative and government relations work. Ms. Orman served as a law clerk to Chief Judge Emily Hewitt in the United States Court of Federal Claims in Washington, DC. She is admitted to the Hawaii Bar and earned her :lurk Doctor from The George Washington University Law School, graduating with "High Honors." Sara S.T. Strona has been named to The Best Lawyers in America©: Ones to Watch list, selected to the Hawaii Super Lawyers® "Rising Star" list, and is rated A VPreeminent®, Martindale-Hubbell highest rating possible for her skill and integrity. Ms. Strona focuses her practice in the areas of real estate, commercial transactions, and business structure and operations. She is admitted to the Hawaii Bar and earned her Juris Doctor and Master of Business Administration from the University of Hawaii William S. Richardson School of Law and Shidler Col- lege of Business. 6/01/2023 Slain O'Toole Marcus & Fishur 12 STARN O'TOOLE VIARCUS FISHER A LAW CORPORATION June 20, 2023 Elizabeth A. Strance Corporation Counsel County of I lawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Email: corpcounseW awaii county .gov RE: Statement of Qualification and Expression of Interest Andrew J. Lautenbach, Esq. CC.13) Attorney/Law -- General defense in civil matters CC.13) Attorney/Law — Class Actions CC.17) Attorney/Law — Construction Litigation These are responses to Questions 1-5 of my Statement of Qualifications and Expression of Interest. 1. The name of the person, contact information including email address, the principal place of business, and location of all of its offices. Name of Person: Andrew J. Lautenbach, Esq. Contact Information: 808-537-6100 Email Address: alautenbachkstarnlaw.com Website: www.starnlaw.com Principal Place of Business: Starr O'Toole Marcus & Fisher, 733 Bishop Street, Ste 1900, Honolulu, Hawaii 96813 Location of all of its Offices: Honolulu, Hawaii 2. The age of the firm and its average number of employees over the past five years: Starr O'Toole Marcus and Fisher is 29 years old with an average of 40 employees. Pacific Guardian Center, Makai Tower 733 Bishop Street, Suite 1900 Honolulu, Hawaii 96813 Telephone: (808) 537-6100 Fax: (808) 537-5434 Web: www.starnlaw.com Statement of Qualifications and Expression of Interest of Andrew J. Lautenbach Starn O'Toole Marcus & Fisher Page 2 of 6 3. The education, training, and qualifications of the individual, or if a firm, its key employees in accordance with HRS 103D-304 and/or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. Mr. Lautenbach graduated from the University of San Francisco. School of Law located in San Francisco, California in 2005 with a J.D. After graduation. Mr. Lautenbach worked with Bradley, Curley, Asiano, Barrabee, Abel & Kowalski in San Francisco from 2005 to July 2007. In 2007, after relocating to Hawaii, Mr. Lautenbach joined the Starn O'Toole Marcus & Fisher Law Firm and is currently a Director 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 District of Hawaii, and is a former member of the Board of the Ilawaii chapter of the Federal Bar Association. Mr. Lautenbach is a member of the bar of the State of Hawaii and the State of California (inactive). Ile is admitted to the United States District Court for the Northern District of California, the United States District Court for the District of Hawaii, and the United States Court. of Appeals for the Ninth Circuit. Mr. Lautenbach has over 18 years of experience in complex commercial litigation and holds Martindale-HubbelPs® highest possible professional rating /IV®. Ile has been selected to the Hawaii Super Lawyers® list each year since 2016, and was selected to the Hawaii Super Lawyers® list as a "Rising Star" in the area of business litigation from 2013-2015. Mr. Lautenbach has also been selected for inclusion to The Best Lawyers in America©,11awaii list, Real Estate, Construction Litigation and Commercial Litigation, and as a "Litigation Star" Benchmark Litigation. Mr. Lautenbach is recognized by Chambers and Partners USA Leading Lawyers for Business in the practice area of Commercial Litigation. Notable matters that Mr. Lautenbach has handled include: • Purchasers of Units al the Kapalua Bay Resort (/1w The Ritz-Carlton Club Residences at Kapalua Bay) -- Represented the purchasers of 49 whole ownership and fractional condominiums in three separate litigation matters alleging misrepresentations and unfair and deceptive acts and practices in the sale of units in the luxury condominium development formerly known as The Ritz-Carlton Club & Residences at Kapalua Bay. This matter involved several layers of appeals related to whether the claims were subject to a mandatory arbitration provision, or if they should proceed to a jury trial. This issue was initially resolved in thvor of the purchasers by the I lawaii Supreme Court. The United States Supreme Court then vacated the I ktwaii Supreme Court's decision and ordered the Hawaii Supreme Court to reconsider in light of recent decisions of the United Statement of Qualifications and Expression of Interest of Andrew J. Lautenbach Starn O'Toole Marcus & Fisher Page 3 of 6 States Supreme Court. Ifhe Hawaii Supreme Court thereafter issued a second published opinion resolving the appeal in favor of the purchasers, and the United States Supreme Court subsequently denied certiorari. The matters were remanded to the Circuit Court of the Second Circuit, State of Hawaii, for multiple jury trials, and were subsequently resolved. • Roberts, et al. v. Red Hill 1250, Inc., ci of-- Represented the developer of Hokuli`a, a l uxury subdivision development on the Kona coast of the island of Hawaii, in a dispute related to the sale of multiple residential lots. Following completion of a world-class golf course and infrastructure in the first phase of the development, the HokulPa project stalled as a result of the recession that plagued the world economy beginning in 2008. Each of the claimants had purchased a residential lot in Hokuli'a prior to the manifestation of the full effect of the economic downturn. When portions of the project were subsequently delayed or not completed, the claimants asserted claims seeking rescission of their purchase contracts, and punitive and/or treble damages. Following a multi-week arbitration, all claims that had not previously been disposed by way of summary judgment or settlement were resolved in favor of Mr. Lautenbach's clients by the three-member arbitration panel. • Du free z v. Barrie, ci al.-- Represented the estate of deceased casino magnate. William N. Pennington, in a breach of contract and promissory estoppel claim by a former service provider that sought damages in excess of $1.2 million. Following a one-week jury trial in the United States District Court for the District of Hawaii, a unanimous jury verdict was entered in favor of the clients on all issues, and attorneys' lees and costs were awarded in favor of the clients. • Lahaina Fashions v. Bank offlawaii -- Represented Bank of I Iawaii and its affiliates in a jury trial that concerned allegations of fraud, interference, and civil conspiracy related to the sale of a commercial property, where the plaintiff sought damages in excess of twenty-million dollars. Following six-weeks of trial, the Maui jury returned a verdict in favor of the Bank on all counts, and judgment was entered accordingly. The Hawaii Intermediate Court of Appeals issued an order affirming the judgment in the Bank's favor, and, following oral argument, the Hawaii Supreme Court has published a unanimous opinion, again affirming the judgment in the Bank's favor on al l counts. • Ko (Nina Development, LLC v. Centex Homes — Represented the master developer of the Ko Olina Resort in a dispute concerning its contractual right to purchase certain commercial apartments and to control certain limited common element areas within the Beach Villas at Ko Olina condominium project. Following a bench trial, the United States District Court for the District of Hawaii confirmed and enforced Ko Olina Development's right to purchase the commercial apartments, but allowed Centex Homes to transfer control over the limited common element areas to the Association of ,Apartment Owners. The trial court's judgment was affirmed by the Ninth Circuit. Statement of Qualifications and Expression of Interest of Andrew J. Lautenbach Starn O'Toole Marcus & Fisher Page 4 of 6 • Ariyoshi v. Equinix, Inc.— Represented officers and directors of a private company in suit by common shareholders alleging they were improperly "frozen out" by board, management and venture investors. The matter was dismissed with prejudice and attorneys' lees were awarded to the client. The matter was later settled. • An Olina Development, LLC:' v. A040 — Represented Ko Olina Development, as the owner of commercial apartments within the Beach Villas at Ko Olina Condominium Development, in arbitration against the Association of Apartment Owners concerning Ko Olina Development's right to use the commercial apartments for commercial purposes open to the general public. hhe arbitrator ruled in favor of the client and awarded attorneys' fees. The judgment was confirmed and enforced. • Resort A/am/gement Company, LLC v. AOAO Represented resort manager in dispute with an Association of Apartment Owners concerning, among other things, the AOAO's Failure to make payments to the resort manager and allegations of mismanagement. The matter was settled. • Trump International Hotel and To-tver*) al Waikiki Beach WalLi i) Successfully represented the developer of the "frump International 1 lotel and Tower® at Waikiki Beach WallA in numerous disputes related to the sale of condominium units within that development. • Lender litigation— As approved litigation counsel for MetLife Bank, Bank of America, First Tennessee Bank, and Nationstar Mortgage, Mr. Lautenbach has successfully, defended numerous lender liability claims. 4. A list of recent projects and the names of up to five clients who may be contacted, including at least two of whom services were rendered during the preceding year. Representative cases are discussed below. i. AvantStay, Inc. v. 4040 Beach Villas, ei al, First Circuit Court, State of Hawaii. From February 2023 to the present I have represented AvantStay, Inc. in litigation against the Association of Apartment Owners of a luxury beach Front condominium property (the "Project"), related to the AOAO's tortious interference with AvantStay's contractual relationships with its clients and guests at the Project, and the harm that AOAO and one individual member of the AOAO Board of Directors have caused to AvantStay's business at the Project. ii. Atlas Insurance v. Curtis Nishiyama, First Circuit Court, State of Hawaii. In litigation initiated in November of 2022, I am defending Mr. Curtis Nishiyama against claims made by his previous employer, Atlas Insurance, based on an alleged breach of a non-solicitation Statement of Qualifications and Expression of Interest of Andrew J. Lautenbach Starn O'Toole Marcus & Fisher Page 5 of 6 and non-compete agreement entered into in connection with the sale of his company to Atlas Insurance. iii. Swan, ei al v. Thnjuakio, et al, In the United States District Court for the District of Hawaii. From 2021 through March of 2023, 1 represented Plaintiffs Elisabeth Swan and Tracy O'Rourke in litigation alleging that their partner in a multi-million-dollar business venture had engaged in self-dealing and had breached his fiduciary obligations. All claims were recently settled. iv. Hawaii Life Real Estate Services, LLC v. Justin Britt, First Circuit Court, State of Hawaii. From 2017 to the present I have represented I lawaii Life Real Estate Services, LLC, in litigation seeking to expel one of the original members of the company based on breaches of fiduciary obligations and self-dealing. We have successfully obtained a summary judgment order expelling the defendant as a member of the company, and obtained a favorable valuation opinion following a bench trial to determine the fair value of the expelled business member's interest in the company. The company's claims for damages remain to be tried to a jury. v. Kaiser Foundation Health Plan, Inc. v. Hawaii Life' Flight Corporation, et al., United States District Court for the District of I lawaii. From 2016 to 2018, 1 represented Hawaii Life Flight Corporation, and its affiliates, in claims against Kaiser Foundation I lealth Plan, Inc. related to Kaiser Foundation Health Plan's failure to pay amounts owed for certain services provided by Hawaii Life Flight to Kaiser patients, and various related issues. All claims were ultimately settled. vii. American Electric Co. vs. Parsons RCI, Inc., et al, United States District Court for the District of Hawaii. From 2014-2015, 1 represented Covanta Energy Corporation and related entity Covanta Honolulu Resource Recovery Venture in a multi-party consolidated lawsuit in federal court arising out of the $300 million plus I I-Power Third Boiler Expansion construction project, owned by the City and County of Honolulu and operated by Covanta Honolulu Resource Recovery Venture. The electrical sub-contractor for the project asserted claims against the general contractor for over $12 million, based on theories including breach of contract and unjust enrichment. Covanta asserted claims against the general contractor for declaratory relief, liquidated damages (of approximately $5 million), defense and indemnification, and breach of contract. The general contractor asserted claims against Covanta for breach of contract and unjust enrichment, based on the subcontractor's claims (under a pass- through theory) and outstanding change order requests of approximately $4.5 million between the general contractor and Covanta, as well as a claim for indemnification/contribution. The general contractor also asserted a claim against the subcontractor for contribution if the general contractor was found liable to Covanta. The matter was globally settled on the eve of trial. Statement of Qualifications and Expression of Interest of Andrew J. Lautenbach Stara O'Toole Marcus & Fisher Page 6 of 6 Client Contacts: ,Beach Villa Realty LLC, • Hawaii Life Real Estate Services Miller Shea LLLC Curtis Nishiyama Elisabeth Swan Commercial Litigationi mattrii.),hawaiilite.com Commercial Litigation! patrick0)inillershcalaw.com Construction Law curstisn(cialo ins.com saboihrtij i teal e. coin !Commercial Litigation 1 Commercial Litigation! Thank you for your consideration. Sincerely, STARN O'TOOLE MARCUS & FISHER By: ANDREW J. YAUTENBACH STARN O'TOOLE MARCUS FISHER A LAW CORPORAT ION Tierce Warriors, ',1m1OVatiVe DC(1611Clk Starn O'Toole Marcus & Fisher is a leader among Hawaii law firms, recognized for its expertise in real estate law, commercial transactions and complex commercial litigation in Hawaii, the US mainland and internationally. The firm's intellectual power, mental strength and toughness generate winning strategies, strong negotiations and in- novative settlements for clients. Above all, the firm's passion for excellence and responsive client service has earned an international reputation for extraordinary client results. Accolades AV Preeminent® Rated Firm - Martindale-Hubbell® Ranked "Tier 1" among Hawaii law firms, US News & World Report-Best Lawyers© "Best Law Firms" 23 Practice Areas 36 "Lawyer of the Year" Recognitions - The Best Lawyers in America© (2011-2023) Named in 15 Practice Areas 14 Best Lawyers© — The Best Lawyers in America©, 6 Selected to "Ones to Watch" List Named in 36 Practice Areas-102 Recognitions 8 Lawyers Selected to the "Top 25" Hawaii Super Lawyers® List More "Tipp 25 lawyers than am, other Hawaii Lao Finn (2011, 2014, 2020, 2021) 11 Selected to the Hawaii Super Lawyers®, Super Lawyers® List, 9 Selected to Rising Star List Business Litigation Real Estate Law — IP Litigation Lawyer Named "Star" by Chambers and Partners USA Directory of Leading Lawyers for Business Commercial Litigation Since 2012 11 Lawyers Ranked by Chambers and Partners USA Directory Leading Lawyers for Business Business Litigation — Real Estate Law Corporate/Commercial Law Firm and 2 Lawyers Ranked by Chambers and Partners High Net Worth Guide Private Wealth Law Selected "Litigation Law Firm of the Year-Hawaii"— Benchmark Litigation (2020 - 2022) Lawyer Named "Top 250 Women in Litigation" — Benchmark Litigation (2011-2014) 6 Lawyers Named "Litigation Stars" by Benchmark Litigation, Two "Future Stars" Highly Recommended Law Firm "Lifetime Achievement Award" Recipient by Pacific Edge Magazine "Women Who Mean Business: Award Recipient by Pacific Business News "Best Places To Work" by Hawaii Business Magazine A VPreentinent® Rating By Martindale-Hubbell® Pacific Guardian Center, Makai Thwer — 733 Bishop Street, Suite 1900 Honolulu, III 96813 Telephone: (808) 537-6100 — Fax: (808) 537-5434 — \Vehsitc: www.starnlaw.com STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT ION Lair Finn Rated AI/ Preeminent® 17 Lawyers Rated AV Preeminent® A. Bernard Bays, Trevor A. Brown, Norman II.Y. Cheng, Doug Chin, Duane R. Fisher, Andrew J. Lautenbach, Sharon V. Lovejoy, Ivan M. Lui-Kwan, Kenneth B. Marcus, Maile S. Miller, Christine N. Ohira, Lindsay E. Orman, Terence J. O'Toole, Judith Ann Pavey, Paul H. Sato, Sara S.T. Strona, Stephanie E.W. Thompson US News & World Report - Best Lawyers in America©, "Best Law Finns" Ranked "Tier 1" in Hawaii in 23 Specialties Administrative/Regulatory Law Appellate Practice Arbitration Bet-The Company Litigation Business Organizations Civil Rights Law Commercial Finance Commercial Litigation Construction Law Corporate Law Government Relations Practice Land Use & Zoning Law Legal Malpractice Law-Defendants Leisure & I lospitality Law Litigation-Banking & Finance Litigation-Construction Land Use & Zoning Litigation Litigation-Mergers & Acquisitions Litigation-Real Estate Medical Malpractice Law Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Best Lawyers in America© -"Lawyer of the Year" Honolulu Lawyer of the Year (2015) Lawyer of the Year (2017) Lawyer of the Year (2019) Lawyer of the Year (2020, 2023) Lawyer of the Year (2023) Lawyer of the Year (2022) Lawyer of the Year (2015) Lawyer of the Year (2020,2023) Lawyer of the Year (2014, 2022) Lawyer of the Year (2015, 2019) Lawyer of the Year (2020) Lawyer of the Year (2015, 2018) Lawyer of the Year (2023) Lawyer of the Year (2022) Lawyer of the Year (2016) Lawyer of the Year (2017) Lawyer of the Year (2011, 2019) Lawyer of the Year (2023) Lawyer of the Year (2012, 2015) Lawyer of the Year (2014, 2018) Lawyer of the Year (2022) Lawyer of the Year (2013, 2018) Lawyer of the Year (2023) Lawyer of the Year (2014, 2019) Lawyer of the Year (2020, 2023) 6/01/2023 Stara O'Toole Marcus & Fisher A. Bernard Bays Trevor A. Brown Trevor A. Brown Trevor A. Brown Doug Chin Trevor A. Brown Duane R. Fisher Duane R. Fisher Sharon V. Lovejoy Sharon V. Lovejoy Sharon V. Lovejoy Ivan M. Lui-Kwan van M. Lui-Kwan Ivan M. Lui-Kwan Kenneth B. Marcus Kenneth B. Marcus Terence J. O'Toole Terence J. O'Toole Terence J. O'Toole Terence J. O'Toole Terence J. O'Toole Judith Ann Pavey Judith Ann Pavey Judith Ann Pavey Judith Ann Pavey Legal Malpractice Law-Defendants Mortgage Banking Foreclosure Law Closely Held & Family Businesses Securities Litigation Civil Rights Law Legal Malpractice Law-Defendants Corporate Law Business Organizations Banking & Finance Litigation Mortgage Banking Foreclosure Law Appellate Practice Government Relations Practice Government Relations Practice Administrative/Regulatory Law Business Organizations Mergers and Acquisitions Law Bet-The-Company Litigation Bet-The-Company Litigation Banking & Finance Litigation Appellate Practice Appellate Practice Banking & Finance Litigation Banking & Finance Litigation Product Liability Litigation Medical Malpractice Law-Plaintiff STAR\ O'TOOLE V ARCL, A. Bernard Bays Trevor A. Brown A LAW CORPORAT ION S FISHER Best Lawyers© Recognized Practice Areas Commercial Litigation Legal Malpractice Law-Defendants Real Estate Litigation Appellate Practice Arbitration Business Organizations Closely Held Companies & Family Businesses Commercial Litigation Commercial Transactions/UCC Law Corporate Law Legal Malpractice Law-Defendants Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Real Estate Litigation Securities Litigation Trusts and Estates Litigation Norman N.Y. Cheng, Real Estate Law Douglas S. Chin Administrative/Regulatory Law Civil Rights Law Commercial Litigation Government Relations Practice Duane R. Fisher Business Organizations Construction Law Corporate Law Land Use & Zoning Law Real Estate Law Andrew J. Lautenbach Sharon V. Lovejoy 6/01/2023 Starn O'Toole Marcus & Fishur Commercial Litigation Construction Litigation Real Estate Litigation Appellate Practice Arbitration Banking & Finance Litigation Commercial Litigation Construction Litigation Eminent Domain & Condemnation Law Environmental Litigation Land Use & Zoning Litigation Mass Tort Litigation/Class Actions -Defendants STAR\ O'TOOLE MARCUS FISHER A LAW CORPORAT ION Sharon V. Lovejoy Ivan M. Lui-Kwan Kenneth B. Marcus Christina N. Ohira Terence .1. O'Toole J udith Ann Pavey Paul H. Sato Stephanie E.W. Thompson 0/01/2023 Siam O'Toole Marcus & Fisher Mass Tort Litigation/Class Actions -Plaintiffs Mortgage Banking Foreclosure Qui Tam Law Real Estate Litigation Administrative/Regulatory Law Government Relations Practice Real Estate Law Business Organizations Commercial Finance Law Leisure & Ilospitality Law Mergers & Acquisitions Law Real Estate Law Business Organizations Land Use & Zoning Law Real Estate Law Appellate Practice Arbitration Banking & Finance Litigation Bet-The-Company Litigation Commercial Litigation Construction Litigation Land Use & Zoning Litigation Mass Tort Litigation/Class Action -Plaintiffs Mergers & Acquisition Litigation Real Estate Litigation Banking & Finance Litigation Commercial Litigation Construction Litigation Medical Malpractice Law Personal Injury Litigation Product Liability Litigation Commercial Litigation Real Estate Law Real Estate Litigation Appellate Practice Commercial Litigation Real Estate Litigation STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT ION Best Lawyers©, "Ones to Watch", Recognized Practice Areas Robert J. Brown Robert J. Brown Kukui Claydon John II. Kelly Made S. Miller Lindsay F. Orman Sara S.T. Strona Commercial Litigation Criminal Defense-General Real Estate Litigation Commercial Litigation Real Estate Litigation Commercial Litigation Intellectual Property Litigation Real Estate Litigation Commercial Litigation Environmental Litigation Land Use & Zoning Law Real Estate Litigation Business Organizations Corporate Law Eminent Domain & Condemnation Law Government Relations Practice Land Use & Zoning Law Real Estate Law Business Organizations Corporate Law Real Estate Law "Top 25" Lawyers in Hawaii, Super Lawyers® List More "7-bp 25' attorneys than nom other Hawaii Lan' Firm, (2011, 2014, 2020, 2021) A. Bernard Bays Business Litigation 2008, 2010-2021 Trevor A. Brown Business Litigation 2015, 2018-2022 Sharon V. Lovejoy Business Litigation 2023 Terence J. O'Toole Business Litigation 201 1, 2020 Judith Ann Pavey Business Litigation 2016 Norman H.Y. Cheng Real Estate Law 2021-2023 Duane R. Fisher Real Estate Law 2014, 2020-2023 Kenneth B. Marcus Real Estate Law 201 1, 2012, 2014 Selected to the Hawaii Super Lawyers® List A. Bernard Bays Trevor A. Brown Andrew J. Lautenbach Sharon V. Lovejoy Terence J. O'Toole Judith Ann Pavey 6/01/2023 Slam O'Toole Marcus & Fisher Business Litigation Business Litigation Business Litigation Business Litigation Business Litigation Business Litigation STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT ION Stephanie F.W. Thompson Robert J. Brown Kukui Claydon Maile S. Miller Eric S. Robinson John W. Kelly Norman H.Y. Cheng Duane R. Fisher Ivan M. Lui-Kwan Kenneth B. Marcus Lauren K.O. Kagawa Christina N. Ohira Lindsay E. Orman Sara S.T. Strona Business Litigation Business Litigation, Rising Star Business Litigation, Rising Star Business Litigation, Rising Star Business Litigation, Rising Star IP Litigation, Rising Star Real Estate Law Real Estate Law Real Estate Law Real Estate Law Real Estate Law, Rising Star Real Estate Law, Rising Star Real Estate Law, Rising Star Real Estate Law, Rising Star Chambers and Partners USA Leading Lawyers For Business Litigation, Firm, Band "I" Real Estate Law, Firm, Band "2" Corporate Commercial, Firm, Band "2" "Star", Chambers and Partners USA Leading Lawyers Or Business Terence J. O'Toole Litigation/General Commercial Recognized Each Consecutive Year Since 2012 Recognized by Chambers and Partners USA Leading Lawyers For Business Kenneth B. Marcus Duane R. Fisher Terence J. O'Toole Sharon V. Lovejoy Stephanie E.W. Thompson Trevor A. Brown Andrew J. Lautenbach Judith Ann Pavey Doug Chin Kenneth B. Marcus Duane R. Fisher Norman H.Y. Cheng Trevor A. Brown Lindsay E. Orman Corporate Commercial, Band 2 Corporate Commercial, Band 2 Litigation/Commercial, Star Litigation/Commercial, Band 1 Litigation Commercial, Band 2 Litigation/Commercial, Band 3 Litigation Commercial, Band 3 Litigation Commercial, Band 3 Litigation Commercial, Band 3 Real Estate, Band 1 Real Estate, Band 2 Real Estate, Band 3 Real Estate, Band 3 Real Estate, Up and Coming Recognized by Chambers and Partners High Net Worth Guide Private Wealth Law Firm, Band "2" Trevor A. Brown Christina N. Ohira 0/01/2023 StLirn O'Toole Marcus & Fisher Private Wealth Law, Band 2 Private Wealth Law, Band STAR\ O'TOOLE VARCUS FISHER A LAW CORPORAT ION "Top 250 Women in Litigation in the United States", Benchmark Litigation, (2011-2014) Sharon V. Lovejoy Litigation Star Benchmark Litigation Selected "Litigation Law Firm of the Year-Hawaii"— Benchmark Litigation Highly Recommended Firm (2020 - 2022) Trevor A. Brown Doug Chin Andrew J. Lautenbach Sharon V Lovejoy Terence J. O'Toole Judith Ann Pavey Stephanie E.W. Thompson Maile S. Miller Litigation Star Litigation Star Litigation Star Litigation Star Litigation Star Litigation Star Future Star Future Star 2014 "Lifetime Achievement Award" Pacific Edge Magazine Ivan M. Lui-Kwan "Women Who Mean Business", Pacific Business News (2018) Sharon V. Lovejoy "Best Places To Work" by Hawaii Business Magazine 6101/2023 Slam O'Toole Marcus l Fisher 7 STARN O'TOOLE MARCLS FISHER A LAW CORPORAT ION FIRM OVERVIEW Starn O'Toole Marcus & Fisher is a leader among Hawaii. real estate and business law firms, recognized for its expertise in real estate law, commercial transactions and complex commercial litigation in Hawaii, the US main- land and internationally. Firm transactional and litigation attorneys often join forces in complex commercial matters that require both busi- ness law and litigation experience. The firm's intellectual power and mental strength and toughness generate win- ning strategies, strong negotiations and innovative settlements for clients. Above all, the firm's attorneys have a passion for excellence and responsive client service, earning the firm an international reputation for extraordinary client results. Starn O'Toole Marcus & Fisher's senior partners bring impressive depth in both years of practice and a skill level earned from working complex and nuanced cases for many years. Six senior partners have practiced over 45 years and remain actively involved in their legal practice. US News & World Report - Best Law.yers in America®, "Best Law Firms" Ranked "Tier 1" in Hawaii in 23 Specialties Administrative/Regulatory Law Appellate Practice Arbitration Bet-The Company Litigation Business Organizations Civil Rights Law Commercial Finance Commercial Litigation Construction Law Corporate Law Government Relations Practice Land Use & Zoning Law Legal Malpractice Law-Defendants Leisure & Hospitality Law Litigation-Banking & Finance Litigation-Construction Land Use & Zoning Litigation Litigation-Mergers & Acquisitions Litigation-Real Estate Medical Malpractice Law Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Slam O'Toole Marcus & Fisher has earned Martimia/e-Hubbe/Ly® highest AV Preeminent® rating, given by our legal peers for achieving the highest standards of professional ethics, excellence and legal ability. Our litigation attorneys and transactional team have been selected to the "Top 25", Hawaii Super Lawyers@ list in the practice areas of business litigation and real estate law. Firm attorneys have earned 36 recognitions as The Best Lawyers in America©, "Lawyers of the Year" in Honolulu (2011-2023), in both transactional and litigation practice areas. Our firm is ranked "Tier 1" in Hawaii in 23 specialties by US News & World Report-Best Lawyers in America® "Best Law Sirius". The firm has been selected for inclusion each year since the accolade's inception in 2010. The firm is Benchmark Litigation's "I lawaii Litigation Firm of the Year" for 2020 - 2022, and a "Highly Recom- mended" law firm since 201 1. 6/01/2023 Starn O'Toole IvLueus & Fisher 8 STAR\ O'TOOLE MARCUS FISHER A LAW CORPORAT ION A LITIGATION POWERHOUSE Stare O'Toole Marcus & Fisher's litigation powerhouse has extensive experience, including significant jury and non-jury trial work, in complex commercial litigation encompassing business, corporate, contract and accounting issues related to Hawaii real estate development, corporate ownership and management, the hotel and hospitality industry, environmental matters, construction claims, lender liability, class actions and personal injury matters. Our respected team of litigation attorneys have trial expertise before State and Federal courts in Hawaii and the US mainland, including the US Supreme Court, and has served as litigation general counsel before courts in for- eign jurisdictions. When clients are faced with complex commercial issues concerning matters in Hawaii and beyond, the firm's at- torneys are amongst a handful of select "go-to" lawyers. OUR TRIAL APPROACH & ATTORNEYS Victory in the legal environment means triumph: economic satisfaction, a win-win agreement, or sometimes, just being proclaimed right. The importance of the path to victory-strategies, players, and desired outcomes make the selection of the legal trial team critical for success. The job is to design a road map that considers each twist and turn that may be pre- sented. The experience and intellectual brainpower of the client's trial attorneys often accounts for the outcome of litigation by crafting each strategic move on the battlefield along the way. Starn O'Toole Marcus & Fisher's litigation attorneys take the fight for every client as if it were their own battle. To be responsible and involved is a hallmark of the law firm, which is built on the power of its people. The firm is Benchmark Litigation's "Hawaii Litigation Firm of the Year" for 2020 - 2022, and a "Highly Recom- mended" law firm since 2011. The firm's litigation attorneys are recognized by The Best Lawyers in America©, Chambers and Partners USA Directory of Leading Lan cis for Business, The Bar Register of Preeminent LaitTers TNI, selected to Hawaii Super Lawyers® list, Benchmark Litigation and Martindalc-Ilubbell®. Stara O'Toole Marcus & Fisher is rated AV Preeminentg, Martindale-Hubbell's® highest possible rating, given to us by our legal peers for achieving very high ethical standards and professional ability. Directors & Counsel A. Bernard Bays has been named a "Lawyer of the Year" in Honolulu by The Best Lawyers in America® and selected to the "Top 25," Hawaii Super Lawyers® list. Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA) and the Supreme Court of Hawaii. Mr. Bays is one of only a handful of Hawaii lawyers who are certified by the NBTA. Trevor A. Brown has been recognized by The Best Lawyers in America® in fourteen litigation and transactional categories, named "Lawyer of the Year" in Ionolutu multiple times and is in Chambers and Partners USA Lead- ing Lawyers for Business and Chambers and Partners High Net Worth Guide. Mr. Brown has been selected to the "Top 25" Hawaii Super Lawyers® list, named a "Litigation Star" by Benchmark Litigation, and has served as Chair of the Litigation Section of the Hawaii State Bar Association. Doug Chin has been named to The Best Lawyers in America® list, named "Lawyer of the Year" in Honolulu, is in Chambers and Partners USA Leading Lawyers for Business, named a "Litigation Star" by Benchmark Litigation, Lind is rated AV Preeminent, Martindale-Hubbell s'® highest rating possible, for his skill and integrity. Mr. Chin 6/01/2023 Stan] O'Toole Marcus & Fisher STAR\ O'TOOLE VARCLS FISHER A LAW CORPORAT I ON focuses his practice on commercial litigation, administrative law and government relations. Mr. Chin served as Ithwaii Attorney General, appointed by Governor David Ige. Kukui Claydon has been selected to The Best Lanyer,s' ire America©, Ones to Watch list, and selected to the Hawaii Super Lawyers®, "Rising Star" list each year since 2018. Ms. Claydon focuses her practice in the area of commercial litigation. Ms. Claydon is admitted to the Hawaii Bar, and earned her Juris Doctor from Georgetown University Law Center, graduating with honors. Andrew J. Lautenbach has been named to 77w Best Lawyers in America© list, selected to the Hawaii Super Lawyers® list, is in Chambers and Partners USA Leading Lawyers for Business and named a "Litigation Star" by Benchmark .Litigation. Mr. Lautenbach is rated AV Preeminent®, Martindale-flubbell's® highest rating possible for his skill and integrity, and serves as a Director on the Board of the Hawaii Chapter of the Federal Bar Associa- tion. Sharon V. Lovejoy has been selected for inclusion by Benchmark Litigation's "Top 250 Women in Litigation in the United State.s"(2011-14) and Pacific Business News' 2018 "Women Who Mean Business". Ms. Lovejoy has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America©, multiple times, selected to the "Top 25" Hawaii Super Lawyers® list in Chambers and Partners USA Leading Lawyers fbr Business, named a "Litigation Star" by Benchmark Litigation, is a Senior Fellow of the Litigation Counsel of America and is a Fel- low of the Federal Bar Foundation. Maile S. Miller Since 2018, Ms. Miller has been selected to The Best Lawyers in America®, Ones to Witch list, and the Hawaii Super Lawyers®, "Rising Star" list each year. She has also been named a "Future Star" by Benchmark Litigation and is rated AI/Preeminent.® by Martindale-Hubbell®. Ms. Miller represents a variety of clients in litigation and pre-litigation matters. Ms. Miller is admitted to the Hawaii Bar, and earned her Juris Doc- tor from the University of Hawaii, William S. Richardson School of Law. Terence J. O'Toole has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America® multi- ple times, selected to the "Top 25," lIttwaii Super Lawyers® list, named a "Star" by Chambers and Partners USA Directory of Leading LawyelS for Business and named a "Litigation Star" by Benchmark Litigation. Judith Ann Pavey has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America© multiple times, selected to the "Top 25" Hawaii Super Lawyers® list, in Chambers and Partners USA Leading Lawyers for Business, and a "Litigation Star" by Benchmark Litigation. Ms. Pavey is a member of the American Board of Trial Lawyers, American Association of Justice and the American Inns of Court. Ms. Pavey practices and is recognized for her work in both commercial and personal injury litigation matters, Paul H. Sato has been named to The Best Lawyers in America© list. Mr. Sato is rated AV Preeminent®, Martin- dale-Hubbell's® highest rating possible, for his skill and integrity. He is a seasoned litigation attorney who has over 40 years of experience and focuses on commercial litigation, real estate law, corporate law and administra- tive law. Stephanie E.W. Thompson has been named to The Best Lawyers in America® list, selected to Hawaii Super Lawyers® list, in Chambers and Partners USA Leading Lawyers for Business and named a "Future Star" by Benchmark Litigation. Ms. Thompson is rated AV Preeminent®, Martindale-Hubbell's® highest rating possible for skill and integrity, and served as the 2015 Chairperson of the Litigation Section of the Hawaii State Bar Asso- ciation. 6/01/2023 Mara O'Toole Marcus X: Fisher 10 STAR\ O'TOOLE V ARCL A LAW CORPORATI ON S FISHER BUSINESS FOCUSED REAL ESTATE ATTORNEYS Starn O'Toole Marcus & Fisher's real estate and business law attorneys are known for sophisticated case analysis and innovative business solutions for complex matters. Our attorneys have significant experience in real estate development and transactions, hotels, hotel management agreements, corporate finance, international transactions, secured transactions, mergers and acquisitions, construction law and complex commercial matters, in Hawaii, the US and internationally. The firm's impressive skill and experience in strategic case planning, ingenious solutions and powerful negotia- tions in all aspects of complex real estate transactions has opened many doors for domestic and international clients, and have helped many navigate Hawaii's complex land use and permitting laws. OUR TRANSACTIONAL APPROACH AND ATTORNEYS Starn O'Toole Marcus & Fisher transactional attorneys have an innate talent for critical thinking through each complex commercial matter. What's more, they excel in solving the pieces of a puzzle, examining the players, unraveling the details of agreements and handshake deals, to identify the keys that will give the client the clear advantage. In today's complex competitive environment, firm transactional attorneys shine when approaching the deal table. Strong, experienced and prepared for endless possible moves and counter-moves, firm attorneys drive for excep- tional results for every client whether they are a family owned business or an international corporation. Our transactional attorneys are recognized by The Best Lawyers in America®, Chambers and Partners USA Di- rectory of Leading Lawyers Ihr Business, The Bar Register of Preeminent Lawyers Tm and selected to the Hawaii Super Lawyers 12 list. All Stam O'Toole Marcus & Fisher transactional Directors are rated AV Preeminent®, the highest rating possible given by Martindale-Hubbell®, a distinction given by our legal peers for achieving the highest standards for pro- fessional skill, ethics and integrity. Directors Trevor A. Brown is recognized by The Best Lawyers in America® for both business and litigation matters, named by The Best Lawyers in America®, "Lawyer of the Year" in Honolulu multiple times, selected to the "Top 25" Hawaii Super Lawyers® list, is in Chambers and Partners USA Leading Lawyers for Business and Chambers and Partners High Net Worth Guide and named a "Litigation Star" by Benchmark Litigation. Mr. Brown is often called upon to work on client matters that require business and litigation strategy. Norman H.Y. Cheng is Managing Director of the firm. Mr. Chong has been named to The Best La yens in A Mei- lea© list, selected to the "Top 25" Hawaii Super Lawyers@ list, is in Chambers and Partners USA Directory of Leading Lawyers for Business. Mr. Cheng is rated AV Preeminent®, Alartincia/e-HubbeThs'El) highest rating possi- ble for his skill and integrity. He practices in the area of real estate law, and participates on many non-profit boards. Duane R. Fisher has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America®, selected to the "Top 25" lIawaii Super Lan yer.y@ list, in Chambers and Partners USA Directory of Leading Lawyers for Business and is recognized for his expertise in real estate, corporate and construction law. Ivan M. Lui-Kwan has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America© and se- lected to the Hawaii Super Lawyers0 list. Mr. Lui-Kwan is rated AV Preeminent® by Martindale-I lubbell@, is 6/01 /2523 Slam O'Toole Marcus Sc Fisher I I STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT I ON the Ambassador to the US for the Maori King Tuheitia, and National Board Member of The American Judicature Society. Kenneth B. Marcus has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America©, se- lected to the "Top 25" Hawaii Super Lawyers®®) list, in Chambers and Partners USA Directory of Leading Lawyersibr Business and is a member of the International Society of Hospitality Consultants (ISI IC). Mr. Marcus has structured numerous successful hotel management agreements and authored the Hawaii State Bar Association Real Estate Manual chapter. Christina N. Ohira has been named to The Best Lawyers in America© list and selected to the Hawaii Super Lawyers® Rising Star list. Ms. Ohira concentrates her practice in the areas of real estate and commercial transac- tions, and has received Martindale-Hubbell's® highest possible "AV Preeminent®" rating for her legal skill and integrity. Lindsay E. Orman has been named to The Best Lawyers in America®: Ones to Watch list, Chambers and Part- ners USA Leading Lawyers for Business, Hawaii Super Lawyers*) Rising Star list, and is rated AV Preeminent®, Martindale-Hubbell s'® highest rating possible for her skill and integrity. Ms. Orman focuses her practice in areas of real estate and land use law, business law, and legislative and government relations work. Ms. Orman served as a law clerk to Chief Judge Emily Hewitt in the United States Court of Federal Claims in Washington, DC. She is admitted to the Hawaii Bar and earned her Juris Doctor from The George Washington University Law School, graduating with "High Honors." Sara S.T. Strom' has been named to The Best Lawyers in America®: Ones to 1Kitch list, selected to the Hawaii Super Lawyers® "Rising Star" list, and is rated AV Preeminent®, Martindale-Hubben® highest rating possible for her skill and integrity. Ms. Shona focuses her practice in the areas of real estate, commercial transactions, and business structure and operations. She is admitted to the Hawaii Bar and earned her Juris Doctor and Master of Business Administration from the University of Hawaii William S. Richardson School of Law and Shidler Col- lege of Business. 6/01/2023 Slum O'Toole Nturcus & Fisher 12 STARN O'TOOLE MARCUS ) FISHER A LAW CORPORATION June 26, 2023 Elizabeth A. Strance Corporation Counsel County of lawaii 101 Aupuni Street, Suite 325 I Lilo, l lawaii 96720 Email: corpcounsel(r>,hawaiicounty.gov RE: Statement of Qualification and Expression of Interest John W. Kelly, Esq. CC.4) Attorney/Law • General defense in civil matters CC.17) Attorney/Law Construction Litigation These are responses to Questions 1-5 of my Statement of Qualifications and Expression of Interest. 1. The name of the person, contact information including email address, the principal place of business, and location of all of its offices. Name of Person: John W. Kelly, Esq. Contact Information: 808-537-6100 Email Address: ikelly(a?,sturnlaw.com Principal Place of Business: Stara, O'Toole Marcus & Fisher, 733 Bishop Street, Ste 1900, Honolulu, Hawaii 96813 Location of all of its Offices: Honolulu, Hawaii Website: www.starnlaw.com 2. The age of the firm and its average number of employees over the past five years: Stain O'Toole Marcus and Fisher is 29 years old with an average of 40 employees. 3. The education, training, and qualifications of the individual, or if a firm, its key employees in accordance with HRS 103D-304 and/or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. In 2017, after relocating to Hawaii, Mr. Kelly _joined the Slam O'Toole Marcus & Fisher Law Firm. Mr. Kelly focuses his practice in the area of commercial litigation, with particular Pacific Guardian Center, Makai Tower 733 Bishop Street, Suite 1900 Honolulu, Hawaii 96813 Telephone: (808) 537-6100 - Fax: (808) 537-5434 " Web: www.starnlaw.com Statement of Qualifications and Expression of Interest of John W. Kelly Starn O'Toole Marcus & Fisher Page 2 of 4 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. During law school, Mr. Kelly was a legal intern at The United States Court of International Trade in New York City, serving the Chambers of the Honorable Judge Nicholas Tsoucalas. Prior to joining Starn O'Toole Marcus & Fisher in 2017, Mr. Kelly was an associate at one of the nation's oldest intellectual property firms based in New York, Ladas & Parry, LLP from 2013-2017. While there his practice included counseling clients from start-ups to Fortune 100 companies on the prosecution, opposition and enforcement of worldwide intellectual property rights, negotiating coexistence and settlement agreements. providing guidance on business transactions and conducting due diligence for divestments and acquisitions. Mr. Kelly worked closely with the Litigation Group and the Mergers, Acquisitions and Licensing Group d uring his tenure with the than. Since returning to Hawaii Mr. Kelly has assisted a number of clients, from individuals and startups, to large and established corporations with a wide range of intellectual property matters. Mr. Kelly has advised local clients on domestic and international trademark registration, maintenance and enforcement, including litigating matters before the Trademark Trial and Appeal Board (I TAB). state, federal. and administrative tribunals. I Iis work also includes assisting business clients with issues relating to copyright, domain names. rights of publicity and unfair competition. Some of Mr. Kelly's clients include local leaders in the food and beverage, hospitality. fashion. retail. luxury and tech industries in Hawaii. Mr. Kelly has been selected to the Hawaii Super Lawyers®, "Rising Star" list in the practice area of IP Litigation since 2020. Mr. Kelly has been named to The Best _Lawyers in Ainerica©: Ones to Watch list in the practice areas of Intellectual Property Litigation, Real Estate Litigation and Commercial Litigation. Mr. Kelly was recently sought out by I lawaii News Now to comment on the "Aloha Poke" case, where a Chicago-based business attempted to stop businesses from using the words "aloha" and "aloha poke". Mr. Kelly also has prior experience as a financial instrument consultant at a boutique research firm focused on the review and legal analysis of bond and loan covenants for institutional investors. Statement of Qualifications and Expression of Interest of John W. Kelly Stam O'Toole Marcus & Fisher Page 3 of 4 4. A list of recent projects and the names of up to five clients who may be contacted, including at least two of whom services were rendered during the preceding year. Civil Litigation I estimate that I have handled approximately 30 or more civil matters in the state and federal courts of Ilawah. Representative cases are discussed below. i. Hawaii Life Real Estate Services, LLC v. Justin Britt; Civil No. 1 CC171000356; In the Circuit Court of the First Circuit, State of I lawaii. From 2017 to the present, I have represented Hawaii Life Real Estate Services, LLC, in litigation seeking to expel one of the original members of the company based on breaches of fiduciary obligations and sell= dealing. We have successfully obtained a summary judgment order expelling the defendant as a member of the company, and obtained a favorable valuation opinion following a bench trial to determine the fair value of the expelled business member's interest in the company. The company's claims for damages remain to be tried to a jury. ii. Timothy Clark and Aria Khayatan, et al. v. The Association of Apartment Owners of 2465 Kuhio at Waikiki, By and Through its Board of Directors, et al.; Civil No. 1CCV-22-0000211; In the Circuit Court of the First Circuit, State of Hawaii. From October 2021 to the present, I have represented Mr. Clark and Mr. Khayatan in litigation against the AOAO of a condominium building that they are both owners of. Mr. Clark and Mr. Khayatan have asserted several causes of action, including fraud, breach of the master deed and by-laws, breach of fiduciary duty, and unfair and deceptive acts and practices under I IRS § 480-2.. iii. Reliant Pro Rehab, LLC., et al., v. Abrien Aguirre; Civil No. 1CCV-21- 0001482; In the Circuit Court of the First Circuit, State of Ilawaii. From December 2021 to the present, I have represented Reliant Pro Rehab, LLC and the other Plaintiffs in this litigation against a former employee based on his defamatory statements and conduct. We have successfully obtained a default judgment enjoining Mr. Aguirre from restating the same defamatory statements against the Plaintiffs going forward. Construction Litigation I estimate that 1 have handled at least 10 or more construction litigation matters in the state and federal courts of Hawaii. Representative cases are discussed below. i. Steel Encounters, Inc. v. Layton Construction Company, Inc., et al.; American Arbitration Association and in the Circuit Court of the First Circuit, State of flawaii. From January 2019 to February 2021, I represented Steel Encounters, Inc., a subcontractor on a I loward llughes condominium project, a'gainst its general contractor, Layton Construction Statement of Qualifications and Expression of Interest of John W. Kelly Stan' O'Toole Marcus & Fisher Pa 4 of 4 Company, .1_,LC. Relief sought included the discharge of a lien bond, breach of contract, indemnification and unjust enrichment. The dispute was settled. ii. Steel Encounters, Inc. v. Luxerue It. d/b/a True Architectural, Schuco USA L.P. et. al.; In the Circuit Court of the First Circuit, State of Hawaii. From June 2020 to the present, I have represented Steel Encounters, Inc. in prosecuting its claims against its subcontractors and suppliers on a lawaii-based project. Claims are related to design and manufacturing defects which resulted in damages sustained by Steel Encounters, Inc. iii. Shobu's Refrigeration and Air Conditioning, Inc., v. Pearl Harbor A viation Aluseum, el. al.; Civil No. 1CC191000550; In the Circuit Court of the First Circuit, State of Hawaii. From April 2019 to the present, I have represented the Pearl Harbor Aviation Museum against claims for non-payment by a subcontractor. Pearl I 'arbor Aviation Museum paid all amounts due to its general contractor, but was named in the lawsuit because of the ..ieneral contractor's failure to remit payment to its sub-contractor. Pearl Harbor Aviation Museum and the sub-contractor settled and Pearl Ilarbor Aviation Museum received judgments against it:; geiteral contractor and affiliates. Client. Contacts: Client contact information can be provided upon request. 5. Any promotional or descriptive literature which the individual or firm desires to submit. Sec attached. I very much appreciate the County of Hawaii's consideration. Sincerely yours, STARN O'TO LE MARCUS HSI IFR STARN O'TOOLE MARCUS FISHER A LAW CORPORAT ION Tierce Warriors, ',1m1OVatiVe DC(1611Clk Starn O'Toole Marcus & Fisher is a leader among Hawaii law firms, recognized for its expertise in real estate law, commercial transactions and complex commercial litigation in Hawaii, the US mainland and internationally. The firm's intellectual power, mental strength and toughness generate winning strategies, strong negotiations and in- novative settlements for clients. Above all, the firm's passion for excellence and responsive client service has earned an international reputation for extraordinary client results. Accolades AV Preeminent® Rated Firm - Martindale-Hubbell® Ranked "Tier 1" among Hawaii law firms, US News & World Report-Best Lawyers© "Best Law Firms" 23 Practice Areas 36 "Lawyer of the Year" Recognitions - The Best Lawyers in America© (2011-2023) Named in 15 Practice Areas 14 Best Lawyers© — The Best Lawyers in America©, 6 Selected to "Ones to Watch" List Named in 36 Practice Areas-102 Recognitions 8 Lawyers Selected to the "Top 25" Hawaii Super Lawyers® List More "Tipp 25 lawyers than am, other Hawaii Lao Finn (2011, 2014, 2020, 2021) 11 Selected to the Hawaii Super Lawyers®, Super Lawyers® List, 9 Selected to Rising Star List Business Litigation Real Estate Law — IP Litigation Lawyer Named "Star" by Chambers and Partners USA Directory of Leading Lawyers for Business Commercial Litigation Since 2012 11 Lawyers Ranked by Chambers and Partners USA Directory Leading Lawyers for Business Business Litigation — Real Estate Law Corporate/Commercial Law Firm and 2 Lawyers Ranked by Chambers and Partners High Net Worth Guide Private Wealth Law Selected "Litigation Law Firm of the Year-Hawaii"— Benchmark Litigation (2020 - 2022) Lawyer Named "Top 250 Women in Litigation" — Benchmark Litigation (2011-2014) 6 Lawyers Named "Litigation Stars" by Benchmark Litigation, Two "Future Stars" Highly Recommended Law Firm "Lifetime Achievement Award" Recipient by Pacific Edge Magazine "Women Who Mean Business: Award Recipient by Pacific Business News "Best Places To Work" by Hawaii Business Magazine A VPreentinent® Rating By Martindale-Hubbell® Pacific Guardian Center, Makai Thwer — 733 Bishop Street, Suite 1900 Honolulu, III 96813 Telephone: (808) 537-6100 — Fax: (808) 537-5434 — \Vehsitc: www.starnlaw.com STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT ION Lair Finn Rated AI/ Preeminent® 17 Lawyers Rated AV Preeminent® A. Bernard Bays, Trevor A. Brown, Norman II.Y. Cheng, Doug Chin, Duane R. Fisher, Andrew J. Lautenbach, Sharon V. Lovejoy, Ivan M. Lui-Kwan, Kenneth B. Marcus, Maile S. Miller, Christine N. Ohira, Lindsay E. Orman, Terence J. O'Toole, Judith Ann Pavey, Paul H. Sato, Sara S.T. Strona, Stephanie E.W. Thompson US News & World Report - Best Lawyers in America©, "Best Law Finns" Ranked "Tier 1" in Hawaii in 23 Specialties Administrative/Regulatory Law Appellate Practice Arbitration Bet-The Company Litigation Business Organizations Civil Rights Law Commercial Finance Commercial Litigation Construction Law Corporate Law Government Relations Practice Land Use & Zoning Law Legal Malpractice Law-Defendants Leisure & I lospitality Law Litigation-Banking & Finance Litigation-Construction Land Use & Zoning Litigation Litigation-Mergers & Acquisitions Litigation-Real Estate Medical Malpractice Law Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Best Lawyers in America© -"Lawyer of the Year" Honolulu Lawyer of the Year (2015) Lawyer of the Year (2017) Lawyer of the Year (2019) Lawyer of the Year (2020, 2023) Lawyer of the Year (2023) Lawyer of the Year (2022) Lawyer of the Year (2015) Lawyer of the Year (2020,2023) Lawyer of the Year (2014, 2022) Lawyer of the Year (2015, 2019) Lawyer of the Year (2020) Lawyer of the Year (2015, 2018) Lawyer of the Year (2023) Lawyer of the Year (2022) Lawyer of the Year (2016) Lawyer of the Year (2017) Lawyer of the Year (2011, 2019) Lawyer of the Year (2023) Lawyer of the Year (2012, 2015) Lawyer of the Year (2014, 2018) Lawyer of the Year (2022) Lawyer of the Year (2013, 2018) Lawyer of the Year (2023) Lawyer of the Year (2014, 2019) Lawyer of the Year (2020, 2023) 6/01/2023 Stara O'Toole Marcus & Fisher A. Bernard Bays Trevor A. Brown Trevor A. Brown Trevor A. Brown Doug Chin Trevor A. Brown Duane R. Fisher Duane R. Fisher Sharon V. Lovejoy Sharon V. Lovejoy Sharon V. Lovejoy Ivan M. Lui-Kwan van M. Lui-Kwan Ivan M. Lui-Kwan Kenneth B. Marcus Kenneth B. Marcus Terence J. O'Toole Terence J. O'Toole Terence J. O'Toole Terence J. O'Toole Terence J. O'Toole Judith Ann Pavey Judith Ann Pavey Judith Ann Pavey Judith Ann Pavey Legal Malpractice Law-Defendants Mortgage Banking Foreclosure Law Closely Held & Family Businesses Securities Litigation Civil Rights Law Legal Malpractice Law-Defendants Corporate Law Business Organizations Banking & Finance Litigation Mortgage Banking Foreclosure Law Appellate Practice Government Relations Practice Government Relations Practice Administrative/Regulatory Law Business Organizations Mergers and Acquisitions Law Bet-The-Company Litigation Bet-The-Company Litigation Banking & Finance Litigation Appellate Practice Appellate Practice Banking & Finance Litigation Banking & Finance Litigation Product Liability Litigation Medical Malpractice Law-Plaintiff STAR\ O'TOOLE V ARCL, A. Bernard Bays Trevor A. Brown A LAW CORPORAT ION S FISHER Best Lawyers© Recognized Practice Areas Commercial Litigation Legal Malpractice Law-Defendants Real Estate Litigation Appellate Practice Arbitration Business Organizations Closely Held Companies & Family Businesses Commercial Litigation Commercial Transactions/UCC Law Corporate Law Legal Malpractice Law-Defendants Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Real Estate Litigation Securities Litigation Trusts and Estates Litigation Norman N.Y. Cheng, Real Estate Law Douglas S. Chin Administrative/Regulatory Law Civil Rights Law Commercial Litigation Government Relations Practice Duane R. Fisher Business Organizations Construction Law Corporate Law Land Use & Zoning Law Real Estate Law Andrew J. Lautenbach Sharon V. Lovejoy 6/01/2023 Starn O'Toole Marcus & Fishur Commercial Litigation Construction Litigation Real Estate Litigation Appellate Practice Arbitration Banking & Finance Litigation Commercial Litigation Construction Litigation Eminent Domain & Condemnation Law Environmental Litigation Land Use & Zoning Litigation Mass Tort Litigation/Class Actions -Defendants STAR\ O'TOOLE MARCUS FISHER A LAW CORPORAT ION Sharon V. Lovejoy Ivan M. Lui-Kwan Kenneth B. Marcus Christina N. Ohira Terence .1. O'Toole J udith Ann Pavey Paul H. Sato Stephanie E.W. Thompson 0/01/2023 Siam O'Toole Marcus & Fisher Mass Tort Litigation/Class Actions -Plaintiffs Mortgage Banking Foreclosure Qui Tam Law Real Estate Litigation Administrative/Regulatory Law Government Relations Practice Real Estate Law Business Organizations Commercial Finance Law Leisure & Ilospitality Law Mergers & Acquisitions Law Real Estate Law Business Organizations Land Use & Zoning Law Real Estate Law Appellate Practice Arbitration Banking & Finance Litigation Bet-The-Company Litigation Commercial Litigation Construction Litigation Land Use & Zoning Litigation Mass Tort Litigation/Class Action -Plaintiffs Mergers & Acquisition Litigation Real Estate Litigation Banking & Finance Litigation Commercial Litigation Construction Litigation Medical Malpractice Law Personal Injury Litigation Product Liability Litigation Commercial Litigation Real Estate Law Real Estate Litigation Appellate Practice Commercial Litigation Real Estate Litigation STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT ION Best Lawyers©, "Ones to Watch", Recognized Practice Areas Robert J. Brown Robert J. Brown Kukui Claydon John II. Kelly Made S. Miller Lindsay F. Orman Sara S.T. Strona Commercial Litigation Criminal Defense-General Real Estate Litigation Commercial Litigation Real Estate Litigation Commercial Litigation Intellectual Property Litigation Real Estate Litigation Commercial Litigation Environmental Litigation Land Use & Zoning Law Real Estate Litigation Business Organizations Corporate Law Eminent Domain & Condemnation Law Government Relations Practice Land Use & Zoning Law Real Estate Law Business Organizations Corporate Law Real Estate Law "Top 25" Lawyers in Hawaii, Super Lawyers® List More "7-bp 25' attorneys than nom other Hawaii Lan' Firm, (2011, 2014, 2020, 2021) A. Bernard Bays Business Litigation 2008, 2010-2021 Trevor A. Brown Business Litigation 2015, 2018-2022 Sharon V. Lovejoy Business Litigation 2023 Terence J. O'Toole Business Litigation 201 1, 2020 Judith Ann Pavey Business Litigation 2016 Norman H.Y. Cheng Real Estate Law 2021-2023 Duane R. Fisher Real Estate Law 2014, 2020-2023 Kenneth B. Marcus Real Estate Law 201 1, 2012, 2014 Selected to the Hawaii Super Lawyers® List A. Bernard Bays Trevor A. Brown Andrew J. Lautenbach Sharon V. Lovejoy Terence J. O'Toole Judith Ann Pavey 6/01/2023 Slam O'Toole Marcus & Fisher Business Litigation Business Litigation Business Litigation Business Litigation Business Litigation Business Litigation STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT ION Stephanie F.W. Thompson Robert J. Brown Kukui Claydon Maile S. Miller Eric S. Robinson John W. Kelly Norman H.Y. Cheng Duane R. Fisher Ivan M. Lui-Kwan Kenneth B. Marcus Lauren K.O. Kagawa Christina N. Ohira Lindsay E. Orman Sara S.T. Strona Business Litigation Business Litigation, Rising Star Business Litigation, Rising Star Business Litigation, Rising Star Business Litigation, Rising Star IP Litigation, Rising Star Real Estate Law Real Estate Law Real Estate Law Real Estate Law Real Estate Law, Rising Star Real Estate Law, Rising Star Real Estate Law, Rising Star Real Estate Law, Rising Star Chambers and Partners USA Leading Lawyers For Business Litigation, Firm, Band "I" Real Estate Law, Firm, Band "2" Corporate Commercial, Firm, Band "2" "Star", Chambers and Partners USA Leading Lawyers Or Business Terence J. O'Toole Litigation/General Commercial Recognized Each Consecutive Year Since 2012 Recognized by Chambers and Partners USA Leading Lawyers For Business Kenneth B. Marcus Duane R. Fisher Terence J. O'Toole Sharon V. Lovejoy Stephanie E.W. Thompson Trevor A. Brown Andrew J. Lautenbach Judith Ann Pavey Doug Chin Kenneth B. Marcus Duane R. Fisher Norman H.Y. Cheng Trevor A. Brown Lindsay E. Orman Corporate Commercial, Band 2 Corporate Commercial, Band 2 Litigation/Commercial, Star Litigation/Commercial, Band 1 Litigation Commercial, Band 2 Litigation/Commercial, Band 3 Litigation Commercial, Band 3 Litigation Commercial, Band 3 Litigation Commercial, Band 3 Real Estate, Band 1 Real Estate, Band 2 Real Estate, Band 3 Real Estate, Band 3 Real Estate, Up and Coming Recognized by Chambers and Partners High Net Worth Guide Private Wealth Law Firm, Band "2" Trevor A. Brown Christina N. Ohira 0/01/2023 StLirn O'Toole Marcus & Fisher Private Wealth Law, Band 2 Private Wealth Law, Band STAR\ O'TOOLE VARCUS FISHER A LAW CORPORAT ION "Top 250 Women in Litigation in the United States", Benchmark Litigation, (2011-2014) Sharon V. Lovejoy Litigation Star Benchmark Litigation Selected "Litigation Law Firm of the Year-Hawaii"— Benchmark Litigation Highly Recommended Firm (2020 - 2022) Trevor A. Brown Doug Chin Andrew J. Lautenbach Sharon V Lovejoy Terence J. O'Toole Judith Ann Pavey Stephanie E.W. Thompson Maile S. Miller Litigation Star Litigation Star Litigation Star Litigation Star Litigation Star Litigation Star Future Star Future Star 2014 "Lifetime Achievement Award" Pacific Edge Magazine Ivan M. Lui-Kwan "Women Who Mean Business", Pacific Business News (2018) Sharon V. Lovejoy "Best Places To Work" by Hawaii Business Magazine 6101/2023 Slam O'Toole Marcus l Fisher 7 STARN O'TOOLE MARCLS FISHER A LAW CORPORAT ION FIRM OVERVIEW Starn O'Toole Marcus & Fisher is a leader among Hawaii. real estate and business law firms, recognized for its expertise in real estate law, commercial transactions and complex commercial litigation in Hawaii, the US main- land and internationally. Firm transactional and litigation attorneys often join forces in complex commercial matters that require both busi- ness law and litigation experience. The firm's intellectual power and mental strength and toughness generate win- ning strategies, strong negotiations and innovative settlements for clients. Above all, the firm's attorneys have a passion for excellence and responsive client service, earning the firm an international reputation for extraordinary client results. Starn O'Toole Marcus & Fisher's senior partners bring impressive depth in both years of practice and a skill level earned from working complex and nuanced cases for many years. Six senior partners have practiced over 45 years and remain actively involved in their legal practice. US News & World Report - Best Law.yers in America®, "Best Law Firms" Ranked "Tier 1" in Hawaii in 23 Specialties Administrative/Regulatory Law Appellate Practice Arbitration Bet-The Company Litigation Business Organizations Civil Rights Law Commercial Finance Commercial Litigation Construction Law Corporate Law Government Relations Practice Land Use & Zoning Law Legal Malpractice Law-Defendants Leisure & Hospitality Law Litigation-Banking & Finance Litigation-Construction Land Use & Zoning Litigation Litigation-Mergers & Acquisitions Litigation-Real Estate Medical Malpractice Law Mortgage Banking Foreclosure Law Product Liability Litigation Real Estate Law Slam O'Toole Marcus & Fisher has earned Martimia/e-Hubbe/Ly® highest AV Preeminent® rating, given by our legal peers for achieving the highest standards of professional ethics, excellence and legal ability. Our litigation attorneys and transactional team have been selected to the "Top 25", Hawaii Super Lawyers@ list in the practice areas of business litigation and real estate law. Firm attorneys have earned 36 recognitions as The Best Lawyers in America©, "Lawyers of the Year" in Honolulu (2011-2023), in both transactional and litigation practice areas. Our firm is ranked "Tier 1" in Hawaii in 23 specialties by US News & World Report-Best Lawyers in America® "Best Law Sirius". The firm has been selected for inclusion each year since the accolade's inception in 2010. The firm is Benchmark Litigation's "I lawaii Litigation Firm of the Year" for 2020 - 2022, and a "Highly Recom- mended" law firm since 201 1. 6/01/2023 Starn O'Toole IvLueus & Fisher 8 STAR\ O'TOOLE MARCUS FISHER A LAW CORPORAT ION A LITIGATION POWERHOUSE Stare O'Toole Marcus & Fisher's litigation powerhouse has extensive experience, including significant jury and non-jury trial work, in complex commercial litigation encompassing business, corporate, contract and accounting issues related to Hawaii real estate development, corporate ownership and management, the hotel and hospitality industry, environmental matters, construction claims, lender liability, class actions and personal injury matters. Our respected team of litigation attorneys have trial expertise before State and Federal courts in Hawaii and the US mainland, including the US Supreme Court, and has served as litigation general counsel before courts in for- eign jurisdictions. When clients are faced with complex commercial issues concerning matters in Hawaii and beyond, the firm's at- torneys are amongst a handful of select "go-to" lawyers. OUR TRIAL APPROACH & ATTORNEYS Victory in the legal environment means triumph: economic satisfaction, a win-win agreement, or sometimes, just being proclaimed right. The importance of the path to victory-strategies, players, and desired outcomes make the selection of the legal trial team critical for success. The job is to design a road map that considers each twist and turn that may be pre- sented. The experience and intellectual brainpower of the client's trial attorneys often accounts for the outcome of litigation by crafting each strategic move on the battlefield along the way. Starn O'Toole Marcus & Fisher's litigation attorneys take the fight for every client as if it were their own battle. To be responsible and involved is a hallmark of the law firm, which is built on the power of its people. The firm is Benchmark Litigation's "Hawaii Litigation Firm of the Year" for 2020 - 2022, and a "Highly Recom- mended" law firm since 2011. The firm's litigation attorneys are recognized by The Best Lawyers in America©, Chambers and Partners USA Directory of Leading Lan cis for Business, The Bar Register of Preeminent LaitTers TNI, selected to Hawaii Super Lawyers® list, Benchmark Litigation and Martindalc-Ilubbell®. Stara O'Toole Marcus & Fisher is rated AV Preeminentg, Martindale-Hubbell's® highest possible rating, given to us by our legal peers for achieving very high ethical standards and professional ability. Directors & Counsel A. Bernard Bays has been named a "Lawyer of the Year" in Honolulu by The Best Lawyers in America® and selected to the "Top 25," Hawaii Super Lawyers® list. Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA) and the Supreme Court of Hawaii. Mr. Bays is one of only a handful of Hawaii lawyers who are certified by the NBTA. Trevor A. Brown has been recognized by The Best Lawyers in America® in fourteen litigation and transactional categories, named "Lawyer of the Year" in Ionolutu multiple times and is in Chambers and Partners USA Lead- ing Lawyers for Business and Chambers and Partners High Net Worth Guide. Mr. Brown has been selected to the "Top 25" Hawaii Super Lawyers® list, named a "Litigation Star" by Benchmark Litigation, and has served as Chair of the Litigation Section of the Hawaii State Bar Association. Doug Chin has been named to The Best Lawyers in America® list, named "Lawyer of the Year" in Honolulu, is in Chambers and Partners USA Leading Lawyers for Business, named a "Litigation Star" by Benchmark Litigation, Lind is rated AV Preeminent, Martindale-Hubbell s'® highest rating possible, for his skill and integrity. Mr. Chin 6/01/2023 Stan] O'Toole Marcus & Fisher STAR\ O'TOOLE VARCLS FISHER A LAW CORPORAT I ON focuses his practice on commercial litigation, administrative law and government relations. Mr. Chin served as Ithwaii Attorney General, appointed by Governor David Ige. Kukui Claydon has been selected to The Best Lanyer,s' ire America©, Ones to Watch list, and selected to the Hawaii Super Lawyers®, "Rising Star" list each year since 2018. Ms. Claydon focuses her practice in the area of commercial litigation. Ms. Claydon is admitted to the Hawaii Bar, and earned her Juris Doctor from Georgetown University Law Center, graduating with honors. Andrew J. Lautenbach has been named to 77w Best Lawyers in America© list, selected to the Hawaii Super Lawyers® list, is in Chambers and Partners USA Leading Lawyers for Business and named a "Litigation Star" by Benchmark .Litigation. Mr. Lautenbach is rated AV Preeminent®, Martindale-flubbell's® highest rating possible for his skill and integrity, and serves as a Director on the Board of the Hawaii Chapter of the Federal Bar Associa- tion. Sharon V. Lovejoy has been selected for inclusion by Benchmark Litigation's "Top 250 Women in Litigation in the United State.s"(2011-14) and Pacific Business News' 2018 "Women Who Mean Business". Ms. Lovejoy has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America©, multiple times, selected to the "Top 25" Hawaii Super Lawyers® list in Chambers and Partners USA Leading Lawyers fbr Business, named a "Litigation Star" by Benchmark Litigation, is a Senior Fellow of the Litigation Counsel of America and is a Fel- low of the Federal Bar Foundation. Maile S. Miller Since 2018, Ms. Miller has been selected to The Best Lawyers in America®, Ones to Witch list, and the Hawaii Super Lawyers®, "Rising Star" list each year. She has also been named a "Future Star" by Benchmark Litigation and is rated AI/Preeminent.® by Martindale-Hubbell®. Ms. Miller represents a variety of clients in litigation and pre-litigation matters. Ms. Miller is admitted to the Hawaii Bar, and earned her Juris Doc- tor from the University of Hawaii, William S. Richardson School of Law. Terence J. O'Toole has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America® multi- ple times, selected to the "Top 25," lIttwaii Super Lawyers® list, named a "Star" by Chambers and Partners USA Directory of Leading LawyelS for Business and named a "Litigation Star" by Benchmark Litigation. Judith Ann Pavey has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America© multiple times, selected to the "Top 25" Hawaii Super Lawyers® list, in Chambers and Partners USA Leading Lawyers for Business, and a "Litigation Star" by Benchmark Litigation. Ms. Pavey is a member of the American Board of Trial Lawyers, American Association of Justice and the American Inns of Court. Ms. Pavey practices and is recognized for her work in both commercial and personal injury litigation matters, Paul H. Sato has been named to The Best Lawyers in America© list. Mr. Sato is rated AV Preeminent®, Martin- dale-Hubbell's® highest rating possible, for his skill and integrity. He is a seasoned litigation attorney who has over 40 years of experience and focuses on commercial litigation, real estate law, corporate law and administra- tive law. Stephanie E.W. Thompson has been named to The Best Lawyers in America® list, selected to Hawaii Super Lawyers® list, in Chambers and Partners USA Leading Lawyers for Business and named a "Future Star" by Benchmark Litigation. Ms. Thompson is rated AV Preeminent®, Martindale-Hubbell's® highest rating possible for skill and integrity, and served as the 2015 Chairperson of the Litigation Section of the Hawaii State Bar Asso- ciation. 6/01/2023 Mara O'Toole Marcus X: Fisher 10 STAR\ O'TOOLE V ARCL A LAW CORPORATI ON S FISHER BUSINESS FOCUSED REAL ESTATE ATTORNEYS Starn O'Toole Marcus & Fisher's real estate and business law attorneys are known for sophisticated case analysis and innovative business solutions for complex matters. Our attorneys have significant experience in real estate development and transactions, hotels, hotel management agreements, corporate finance, international transactions, secured transactions, mergers and acquisitions, construction law and complex commercial matters, in Hawaii, the US and internationally. The firm's impressive skill and experience in strategic case planning, ingenious solutions and powerful negotia- tions in all aspects of complex real estate transactions has opened many doors for domestic and international clients, and have helped many navigate Hawaii's complex land use and permitting laws. OUR TRANSACTIONAL APPROACH AND ATTORNEYS Starn O'Toole Marcus & Fisher transactional attorneys have an innate talent for critical thinking through each complex commercial matter. What's more, they excel in solving the pieces of a puzzle, examining the players, unraveling the details of agreements and handshake deals, to identify the keys that will give the client the clear advantage. In today's complex competitive environment, firm transactional attorneys shine when approaching the deal table. Strong, experienced and prepared for endless possible moves and counter-moves, firm attorneys drive for excep- tional results for every client whether they are a family owned business or an international corporation. Our transactional attorneys are recognized by The Best Lawyers in America®, Chambers and Partners USA Di- rectory of Leading Lawyers Ihr Business, The Bar Register of Preeminent Lawyers Tm and selected to the Hawaii Super Lawyers 12 list. All Stam O'Toole Marcus & Fisher transactional Directors are rated AV Preeminent®, the highest rating possible given by Martindale-Hubbell®, a distinction given by our legal peers for achieving the highest standards for pro- fessional skill, ethics and integrity. Directors Trevor A. Brown is recognized by The Best Lawyers in America® for both business and litigation matters, named by The Best Lawyers in America®, "Lawyer of the Year" in Honolulu multiple times, selected to the "Top 25" Hawaii Super Lawyers® list, is in Chambers and Partners USA Leading Lawyers for Business and Chambers and Partners High Net Worth Guide and named a "Litigation Star" by Benchmark Litigation. Mr. Brown is often called upon to work on client matters that require business and litigation strategy. Norman H.Y. Cheng is Managing Director of the firm. Mr. Chong has been named to The Best La yens in A Mei- lea© list, selected to the "Top 25" Hawaii Super Lawyers@ list, is in Chambers and Partners USA Directory of Leading Lawyers for Business. Mr. Cheng is rated AV Preeminent®, Alartincia/e-HubbeThs'El) highest rating possi- ble for his skill and integrity. He practices in the area of real estate law, and participates on many non-profit boards. Duane R. Fisher has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America®, selected to the "Top 25" lIawaii Super Lan yer.y@ list, in Chambers and Partners USA Directory of Leading Lawyers for Business and is recognized for his expertise in real estate, corporate and construction law. Ivan M. Lui-Kwan has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America© and se- lected to the Hawaii Super Lawyers0 list. Mr. Lui-Kwan is rated AV Preeminent® by Martindale-I lubbell@, is 6/01 /2523 Slam O'Toole Marcus Sc Fisher I I STAR\ O'TOOLE MARCLS FISHER A LAW CORPORAT I ON the Ambassador to the US for the Maori King Tuheitia, and National Board Member of The American Judicature Society. Kenneth B. Marcus has been named "Lawyer of the Year" in Honolulu by The Best Lawyers in America©, se- lected to the "Top 25" Hawaii Super Lawyers®®) list, in Chambers and Partners USA Directory of Leading Lawyersibr Business and is a member of the International Society of Hospitality Consultants (ISI IC). Mr. Marcus has structured numerous successful hotel management agreements and authored the Hawaii State Bar Association Real Estate Manual chapter. Christina N. Ohira has been named to The Best Lawyers in America© list and selected to the Hawaii Super Lawyers® Rising Star list. Ms. Ohira concentrates her practice in the areas of real estate and commercial transac- tions, and has received Martindale-Hubbell's® highest possible "AV Preeminent®" rating for her legal skill and integrity. Lindsay E. Orman has been named to The Best Lawyers in America®: Ones to Watch list, Chambers and Part- ners USA Leading Lawyers for Business, Hawaii Super Lawyers*) Rising Star list, and is rated AV Preeminent®, Martindale-Hubbell s'® highest rating possible for her skill and integrity. Ms. Orman focuses her practice in areas of real estate and land use law, business law, and legislative and government relations work. Ms. Orman served as a law clerk to Chief Judge Emily Hewitt in the United States Court of Federal Claims in Washington, DC. She is admitted to the Hawaii Bar and earned her Juris Doctor from The George Washington University Law School, graduating with "High Honors." Sara S.T. Strom' has been named to The Best Lawyers in America®: Ones to 1Kitch list, selected to the Hawaii Super Lawyers® "Rising Star" list, and is rated AV Preeminent®, Martindale-Hubben® highest rating possible for her skill and integrity. Ms. Shona focuses her practice in the areas of real estate, commercial transactions, and business structure and operations. She is admitted to the Hawaii Bar and earned her Juris Doctor and Master of Business Administration from the University of Hawaii William S. Richardson School of Law and Shidler Col- lege of Business. 6/01/2023 Slum O'Toole Nturcus & Fisher 12