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HAWAII
Local litigation firms                   Local litigation stars
Highly recommended                       Paul Alston
                                         Alston Hunt Floyd & Ing
Alston Hunt Floyd & Ing                  Class Action, Civil Litigation, Commercial Litigation

Bickerton Lee Dang Sullivan              James Bickerton
                                         Bickerton Lee Dang Sullivan
Cronin Fried Sekiya Kekina & Fairbanks   Civil Litigation, Commercial Litigation, Personal
                                         Injury, Wrongful Death
Davis Levin Livingston
                                         Paul Cronin
                                         Cronin Fried Sekiya Kekina & Fairbanks
                                         Civil Litigation
Recommended
                                         Charles Dang
Bostwick & Peterson
                                         Bickerton Lee Dang Sullivan
                                         Civil Litigation, Personal Injury, Wrongful Death
Kobayashi Sugita & Goda
                                         Mark Davis
Ning Lilly & Jones
                                         Davis Levin Livingston
                                         Civil Litigation, Personal Injury, Wrongful Death

                                         David Fairbanks
                                         Cronin Fried Sekiya Kekina & Fairbanks
                                         Civil Litigation

                                         Shelby Floyd
                                         Alston Hunt Floyd & Ing
                                         Class Actions, Commercial and Civil Litigation

                                         Richard Fried
                                         Cronin Fried Sekiya Kekina & Fairbanks
                                         Civil Litigation

                                         Wendell Fuji
                                         Kobayashi Sugita & Goda
                                         Civil Litigation

                                         Stephen Jones
                                         Ning Lilly & Jones
                                         Commercial Litigation

                                         Wayne Kekina
                                         Cronin Fried Sekiya Kekina & Fairbanks
                                         Civil Litigation

                                         Michael Lilly
                                         Ning Lilly & Jones
                                         Commercial Litigation, Employment/Labor, Personal
                                         Injury

                                         Michael Livingston
                                         Davis Levin Livingston
                                         Civil Litigation, Personal Injury, Wrongful Death

                                         Ke-ching Ning
                                         Ning Lilly & Jones
                                         Commercial Litigation




                                                         THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS   69
     HAWAII



     Hawaii                                                                                             admiralty and maritime practice. David
                                                                                                        Fairbanks and Wayne Kekina have also been
                                                                                                        recognized for trial excellence.

                                                                                                        Davis Levin Livingston
     Litigation trends in Hawaii are fast-moving, especially since litigants have the                   For over 30 years, Davis Levin Livingston
     benefit of getting to trial in an enviable 12 to 15 months. The state has seen an                  litigators has set several litigation
                                                                                                        benchmarks in Hawaii, consistently raising
     incredible surge in litigation against the state for the denial of benefits to state               the expectations for what full financial
     employees. Construction litigation has also been a major growth area. With a                       compensation looks like for those that have
     merit panel system, Hawaii enjoys incredible gender and ethnic diversity which                     been injured due to the negligence of others.
     likely adds to the texture and balance of the state’s legal landscape.                             Davis Levin records include the highest
                                                                                                        single compensatory personal injury
     Highly recommended firms                          and a roofing company that sold its product      judgment in the state, the highest sexual
                                                       with a metaphorical lifetime guarantee.          harassment settlement in Hawaii, the
     Alston Hunt Floyd & Ing                             The firm is actively engaging in litigation    highest malpractice judgment in the US
     Established in 1991, the founders                 against hotels and restaurants that harm         against a military hospital and the largest
     endeavored to build a firm that would             consumers by not clearly disclosing whether      Medicare and Medicaid fraud settlements in
     honor the public service roots the firm was       any part of a ‘service charge’ will be           Hawaii. The Honolulu-based law firm is
     founded upon. The firm claims to have the         withheld. This deceptive practice is injurious   made up of trial lawyers who litigate cases
     largest litigation practice in Hawaii that is     to consumers who are paying more than            involving civil rights, consumer protection
     mobilized to enrich the law and the               they should and to employees who do not          matter, construction law, employment and
     Hawaiian community. The firm has grown            receive tips because consumers believe that      labor issues, False Claim Act and
     from nine attorneys to over 50 but                they have already tipped the employees with      whistleblower claims, insurance bad faith,
     maintains its commitment to top-shelf             the service charge. James Bickerton has          personal injury and medical practice claims
     litigation. The firm conducts a substantial       practiced in Hawaii for 25 years and has the     on an individual and class-wide basis.
     amount of plaintiffs’ litigation, and has a       reputation to prove it. A colleague indicates       Recent successes include a Kauai judge’s
     particularly robust practice in the areas of      that Bickerton “is among one of the most         determination that the state was at fault for
     class action, antitrust, commercial litigation,   well respected members of the bar in these       failing to fence an exposed path in a state
     constitutional and civil rights and corporate     parts. Hawaii has an exemplary bar so our        park. Despite knowledge of the risks this
     litigation.                                       standards are pretty high.”                      exposed path could cost, the state failed to
        The firm recently settled a claim against                                                       adequately block or warn of the hazards.
     the Hawaii Public Housing Authority               Cronin Fried Sekiya Kekina & Fairbanks           The firm represents the families of two
     challenging the conditions of the Kuhio Park      Cronin Fried Sekiya Kekina & Fairbanks is        young women who fell 300 feet to their
     Terrace. A similar law suit was filed on          well respected for its ability to bring          deaths. The firm also secured $11 million
     behalf of tenants of Westlake apartments,         financial relief to victims of personal injury   for the family of a newborn that was subject
     alleging that the city ignored federal            and wrongful death claims. Within the            to outrageous medical errors at the hands of
     regulations and overcharged low-income            group, the firm focuses on medical injuries,     an inexperienced doctor. The child will
     housing tenants. The lawsuit claims the city      vehicular accidents, defective products,         never talk, walk, or use the bathroom on her
     failed to include a monthly allowance to          admiralty      and     maritime     incidents,   own due to the care she received in a federal
     offset the tenants’ utility costs when            construction site accidents, defective drugs     facility. Mark Davis is considered
     calculating rent for residents of Westlake        and premises liability claims. The law firm      “shockingly great” by his peers. His
     Apartments. Because the residents of this         also practices employment law and                collection of awards and accolades supports
     project are among the most vulnerable, the        commercial litigation. For instance, the firm    this proclamation. One competitor admitted
     firm considers them an easy target for            has been involved in a $63 million case          that, “Some days you walk slower when you
     predation. The law suit seeks injunctive          involving the repair of an asbestos building;    know you’re going to be faced with Davis.”
     relief and compensation for overcharges.          a $20 million water contamination claim;         Davis’ competitor goes on to say that, “He’s
     Paul Alston is considered by peers “amongst       and, with a consortium of statewide law          a great guy but he means business. He gets it
     the finest lawyers in the state.”                 firms, a $1 billion state tobacco claim.         done and he looks like he’s enjoying every
                                                          The firm has a wealth of noteworthy           second of it.”
     Bickerton Lee Dang Sullivan                       recoveries in high-profile cases including the
     While the firm attends to defense work as         $27.7 million award when a Chevron               Recommended firms
     well, Bickerton Lee Dang Sullivan has             gasoline tank fire killed two workers; $20
     obtained dozens of multimillion-dollar            million for an unsafe agricultural chemical;     Kobayashi Sugita & Goda
     recoveries on behalf of its plaintiff clients.    $13 million for a client that was paralyzed      Kobayashi Sugita & Goda was founded in
     The firm handles consumer class-action            in a head-on collision; $13 million for the      1971 and specializes in complex litigation.
     claims, antitrust disputes, personal injury       construction site fire injuries to work; and     Based in Honolulu, the firm is particularly
     and wrongful death claims, professional           $8 million for the family of a child that was    adept at meeting the nuanced needs of
     malpractice,     workers’     compensation,       subjected to medical malpractice. L Richard      unique       and  multicultural    business
     environmental      litigation    and     First    Fried, a firm founding member, has been a        landscape. The majority of the firm’s
     Amendment and defamation claims. Firm             practitioner for over 40 years. In this time,    practice is geared to servicing defendants;
     successes in the plaintiff capacity include a     his reputation has been buttressed by the        however, Kobayashi Sugita & Goda has a
     consumer class-action law suit that resulted      recovery of 50 verdicts and settlements over     tort prosecution practice group that has
     in multimillion-dollar recoveries against a       $1 million. Paul Cronin has played a             arisen out an organic broadening of the
     bank that was charging federally prohibited       pronounced role in expanding the                 market trajectory. This group prosecutes
     fees to its customers; auto dealers charging      geographical reach of the firm and in no         numerous personal injury and wrongful
     customers inflated costs for ‘add-ons’ with       coincidence, focuses his practice on injuries    death actions as a result of vehicular
     illusory value; an employer who failed to         that occur on vessels of transportation.         accidents, and premises and products
     pay requisite overtime wages to its workers;      Cronin continues to emphasize his aviation,      liability claims.

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                                                                                                             HAWAII


Ning Lilly & Jones
Since its inception in 1985, Ning Lilly &
Jones has focused on civil litigation with an
emphasis      of   property     rights    and
employment and labor litigation. The firm
freely handles both plaintiff and defense
claims, looking instead, at the nature of the
grievance before determining whether to
accept a case. The firm’s reputation is
particularly strong in employment and labor
because of their recent recovery of one of
the largest wrongful termination jury
verdicts in state history. The firm played
David when they took on a Goliath
Hawaiian law firm on behalf of one of its
dismissed employment lawyers. The market
could not ignore the sensationalism of this
high-profile lawsuit. The firm frequently
prosecutes personal injury and premises
liability claims. Ke-Ching Ning, Michael
Lilly and Stephen Jones bring a record of
accomplishment       to   bear      in  their
representation of plaintiffs throughout
Hawaii.




                                                THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS   71
     HAWAII


                                                                                    BERT T KOBAYASHI JR
                                                                                                         KOBAYASHI SUGITA & GODA
                                                                                                         999 Bishop Street, 26th Floor?
                                                                                                         Honolulu, HI 96813
                                                                                                         Hawaii
                                                                                                         Tel:       (808) 539-8700
                                                                                                         Fax:       (808) 539-8799
                                                                                                         Web:       www.ksglaw.com

                                                                                    Bert T. Kobayashi, Jr. is one of the founding partners of the law firm,
                                                                                    Kobayashi, Sugita & Goda, LLP. His practice concentration is: commercial
                                                                                    and construction litigation, administrative law, governmental procurement
                                                                                    and contracts and public utilities; inclusive of evaluation, consultant,
     First Hawaiian Center                                                          litigation and drafting.
     999 Bishop Street, Suite 2600
     Honolulu, HI 96813-4430                                                        He is a respected member of the business community, as a: director of
     Tel:      (808) 539-8700                                                       Hawaii’s largest bank, the First Hawaiian Bank since 1974; director and
     Fax:      (808) 539-8799                                                       member of the audit committee of BankWest Corporation, the bank holding
     Web:      www.ksglaw.com                                                       company that owns the First Hawaiian Bank and Bank of the West since
                                                                                    2000; director of Western Air Lines from 1975 to its sale to Delta in 1986;
     Kobayashi Sugita & Goda specializes in complex litigation and corporate        director of Schuler Homes until it merged with Western Pacific in 2001;
     business relations with an emphasis in commercial and construction             director of the Waialae Country Club from 1994 to 1997, 2001 to 2007,
     issues, representation in finance, transactions, banking, general corporate,   and its president in 1997; director and vice chair of Friends of Hawaiian
     regulatory, land use, labor management, wrongful termination, immigration      Charities which operates the PGA’s Sony Open; director and audit
     and associated fields.                                                         committee of Hawaiian Holdings, which owns and operates Hawaiian Air
                                                                                    Lines; member of the board of visitors for the Lewis and Clarke College’s
     The Firm is committed to excellence and efficiency in legal services, and      Northwestern School of Law in Portland, Oregon and Honorary Alumnus in
     provides critical expertise necessary to ensure present and future clientele   2003.
     with the continuity and quality of representation needed to address legal
     problems in Hawaii, the Far East and the Pacific Rim, and the continental      He has been listed for over twenty years in Best Lawyers in American in
     United States.                                                                 commercial litigation and insurance defense and has also been listed each
                                                                                    year in Honolulu Magazine’s “Best Lawyers in the State of Hawaii” in the
     The Firm is ranked among the best of Hawaii's Law firms and has been           areas of: commercial litigation, insurance, construction and anti-trust, the
     selected by Corporate Board Member magazine's July/August 2002                 2008 Hawaii Super Lawyer listing included Mr. Kobayashi as one of the
     special issue as one of the best law firms in Honolulu in its second annual    State’s twenty-five top attorneys. He has tried over 200 cases to a jury
     survey of America's Best Corporate Lawyers. The survey asked more than         verdict and handled bench trials, arbitrations and mediations in the
     24,000 corporate board members to identify the firms they most admire,         thousands.
     nationally and in 50 metropolitan areas.
                                                                                    He is a member of the: Hawaii Asia Pacific Association, American Bar
     Bert T Kobayashi, Jr., Alan M Goda, Wendell H Fuji, Lex R Smith, Ruth K        Association, Hawaii Bar Association, American Trial Lawyers Association,
     Oh, and Gregory M Sato have been listed in the 2008 publication of             American Board of Trial Advocates, American College of Trial Lawyers,
     “Hawaii’s Super Lawyers.”                                                      American Board of Trial Advocates, American Law Institute, American
                                                                                    Arbitration Association. Further, he was a member of the State of Hawaii's
     Kobayashi Sugita & Goda is one of Hawaii’s most respected law firms
                                                                                    Judicial Selection Commission from 1985 through 1991 and its
     offering a breadth of legal services and industry experience with
                                                                                    chairperson from 1987 through 1989.
     specialized knowledge of Hawaii’s legal and business landscape.
                                                                                    He was born in Honolulu, Hawaii, raised in Cambridge Massachusetts and
                                                                                    Honolulu, where he graduated from Roosevelt High School. He attended
                                                                                    the University of Hawaii and graduated from Gettysburg College in
                                                                                    Gettysburg, Pennsylvania. He received his Juris Doctor degree in 1965
                                                                                    from the University of California’s Hastings College of the Law.

                                                                                    Mr. Kobayashi attended the Combat Platoon Leaders School at Fort
                                                                                    Benning, Georgia and the military intelligence school at Fort Holabird in
                                                                                    Dundak, Maryland. He served with MACV in Gia Dinh, Vietnam and on
                                                                                    temporary assignment to the First Cavalry as head of the strategic
                                                                                    interrogation team for Operation Hastings (1966 – 1967). He was
                                                                                    honorably discharged in 1967 as a captain.




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