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H AWA I I S TAT E B A R A S S O C I AT I O N 2014 B A R CO N V E N T I O N & A N N UA L M E E T I N G

October 24, 2014 ◊ Hilton Hawaiian Village ◊ Mid-Pacific Conference Center2005 Kalia Road ◊ Honolulu, HI 96815

2014 BAR CONVENTION & ANNUAL MEETING

- Vendor Expo

- HSBA Annual Meeting & Awards

- CLE Credit Courses


MORNING SESSIONS

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AFTERNOON SESSIONSSCH

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MID-PACIFIC CONFERENCE CENTERMA

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Coral Ballrooms 1 & 2 Coral Ballroom 3 South Pacific 1 South Pacific 2 South Pacific 3 South Pacific 4

7:45am Convention Registration & Exhibitor Expo

8:30am Real Property3 MCPE

Family, pt. 13 MCPE

Appellate Practice3 MCPE

Labor & Employment3 MCPE

International3 VCLE

Insurance Civil Litigation2 MCPE/1 VCLE

10:00am Networking Break & Exhibitor Expo

10:15am Real Property (con’t.)

Family, pt. 1 (con’t.)

Appellate(con’t.)

Labor & Employment(con’t.)

International(con’t)

Insurance Civil Litigation(con’t)

11:45am Networking Break & Exhibitor Expo

12:00pm Luncheon / Annual Meeting / Keynote Address (Coral Ballrooms 4 & 5)

Coral Ballrooms 1 & 2 Coral Ballroom 3 South Pacific 1 South Pacific 2 South Pacific 3 South Pacific 4

1:45pm HARPTA/FIRPTA& Foreclosures

3 VCLE

Family, pt. 23 MCPE

Young Lawyers Division2 MCPE

Ethics & Technology: ABA 20/20 Commission3 MCPE

Natural Resources& Litigation

3 MCPE

3:15pm Networking Break & Exhibitor Expo

3:30pm HARPTA/FIRPTA& Foreclosures (con’t.)*concludes 5:00pm

Family, pt. 2(con’t)

*concludes 5:00pm

Young LawyersDivision (con’t.)

*concludes 4:00pm

Ethics & Technology: ABA 20/20 Commission(con’t.)

*concludes 5:00pm

Natural Resources& Litigation (con’t.)

*concludes 5:00pm

H AWA I I S TAT E B A R A S S O C I AT I O N 2014 B A R CO N V E N T I O N & A N N UA L M E E T I N G1 2

KEYNOTE ADDRESSKEYN

OTE

Laurie brings a strong background of academics, consulting and entrepreneurship to BCR. After earning a BA in Economics and an MBA from Stanford University, Laurie launched a 15 year consulting career on the East Coast with Bain & Company and Mercer Management Consulting. She managed $1-5 million client engagements focused on strategic planning, organization development and infrastructure alignment in a variety of industries including energy, hotel and leisure, financial services, and transportation worldwide.

Laurie returned to her home on Oahu in the mid-90s to pursue an entrepreneurial focus with smaller companies and start-up ventures. Her entrepreneurial ventures include Founder and President of Brewmoon Hawaii, CEO of hotU, Inc., an internet services start-up, Vice President of National University and COO of It’s

All About Kids. In these positions she has raised private equity capital, negotiated leases and built out properties, formulated and implemented market positioning strategies, developed new product lines, re-engineered service delivery processes, formed and managed employee teams of 100+, downsized employee teams in difficult times, and acquired and merged companies. Laurie knows the challenges and satisfaction of entrepreneurship.

Laurie has also been actively engaged in local boards including Hawaii Pacific Health, the American Red Cross Hawaii, the Hogan’s Entrepreneur Advisory Board at Chaminade College, the Hawaii Theatre Centre, the Waikiki Swim Club, and was the YWCA Oahu Board Chair for eight years.

LAURIE S. FOSTERSenior Consultant, Business Consulting Resources

SUCCESSION PLANNING -- What do I do?Succession Planning is a process for implementing the next generation of leadership and/or ownership within an organization. It is critical, yet most leaders ignore or halfheartedly address succession until the need hits them too late or unexpectedly. If you or your clients plan for succession you will have some control over it. If you don’t, who knows what you’ll end up with and how the business will be impacted.

Family businesses, partnerships, large corporation and entrepreneurs must engage in Succession Planning proactively. Law practices are not exempt! Partnership structures often make it even more difficult to enable successful succession.

Succession Planning will allow you to • Protecttheassetvalueofthebusiness• Perpetuatethebusinesssuccessfully• Developexitstrategiesforseniorleaders• Avoidburnoutandallofitsnegativeoutcomes• Ensureleadershiptransferseffectivelyandefficiently

Bottom Line: Start Succession Planning now! It’s never too early, yet it can easily be way too late. A solid Succession Plan will protect the value of the business. It needs commitment from the top to make it stick and it needs involvement by all key players on the team.


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REAL PROPERTY LAWLocation: Coral Ballroom 1& 2Time: 8:30 a.m. to 11:45 a.m.CLE Credits: 3 MCPE

Trevor Brown represents clients in both litigation and transactions. His real estate experience ranges from resort acquisition and development to acting as trial counsel to establish beach access rights based on Kingdom of Hawaii land use. Mr. Brown’s corporate experience ranges from negotiating corporate restructurings to acting as trial counsel to force the break-up of related land development

corporations. He holds Martindale-Hubbell’s highest professional rating (AV) for both his skill and integrity. Mr. Brown is recognized in Best Lawyers in America for litigation, real estate, and business matters in eight categories: Business Organization (including LLC’s and Partnerships), Closely Held Companies and Family Businesses Law, Commercial Transactions/UCC Law, Corporate Law, Real Estate Law, Commercial Litigation, Trusts & Estates Litigation, and Mortgage Banking Foreclosure Law. Mr. Brown has also been recognized by Hawaii Super Lawyers for his litigation expertise, and is a former Chair of the Litigation Section of the Hawaii State Bar Association.

TREVOR BROWN

COURSE DESCRIPTION

Opinion Letters: A Comprehensive Overview This seminar will focus on the issuance of opinions in real estate closings, and in particular on opinions delivered to lenders by borrower’s counsel. The seminar will discuss the “golden rule,” ethical considerations in issuing an opinion to a non-client, loss prevention measures, and practice tips.

*An “Opinion Letter” handout ($25 printing costs) has been prepared by the organizers and panelists of this seminar. Portions of the handout will be referenced during the seminar. Purchase is recommended but not required. For purchase information see the Bar Convention registration form.

PRESENTERS

DANIEL H. DEVANEY, IVDaniel H. Devaney, IV is a partner in the corporate department of Cades Schutte LLP. Mr. Devaney’s practice focuses on business and nonprofit organizations, business contracts, general business counseling, and third party legal opinions. He served on the Opinion Committee of

the Real Property Financial Services Section of the Hawaii State Bar Association, which published the Hawai‘i 2000 Report Regarding Lawyers’ Opinion Letters In Mortgage Loan Transactions. He contributed to the Model Limited Liability Company Membership Interest Redemption Agreement prepared by the Subcommittee on Limited Liability Companies, Committee on Partnerships and Unincorporated Business Organizations, ABA Section of Business Law.

Mr. Devaney earned his A.B. cum laude with high honors in his Asian Studies major from Dartmouth College and wrote his thesis on Sino-Latin American Relations. He earned his JD and MBA from the UCLA School of Law and the UCLA Anderson School of Management where he helped to advise the Japanese American National Museum regarding its organizational structure.


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REAL PROPERTY LAW PRESENTERS (continued)

LORRIN HIRANOLorrin Hirano is Senior Vice President and General Counsel for Title Guaranty of Hawaii, Inc. Prior to joining Title Guaranty in 1999, Mr. Hirano was in private practice with the law firm of Ashford & Wriston, where he concentrated in the areas of real property transactions, title insurance claims defense, quiet

title, and eminent domain litigation. He was admitted to the Hawaii State Bar in 1984 after graduating from the University of California at Berkeley School of Law (Boalt Hall). Lorrin has served as Chairperson of the Real Property and Financial Services Section of the HSBA in 2003, and is a fellow in the American College of Real Estate Lawyers (ACREL).

RAYMOND S. IWAMOTORaymond S. Iwamoto, Partner, Schlack Ito, LLLC. Fellow and former member of Board of Governors American College of Real Estate Lawyers, former Vice Chair ACREL Opinions Committee, Editorial Board American Law Institute, former U.S. Army Captain, Vietnam War Veteran, former State Judge Advocate Hawaii Army National

Guard, listed in International Who’s Who of Real Estate Lawyers, The Best Lawyers in America, Chambers USA. Graduate of McKinley High School.

WESLEY Y. S. CHANGWesley Y. S. Chang is a graduate of Iolani School, Stanford University (B.A., with great distinction), and the University of California at Berkeley School of Law (Boalt Hall) and specializes in real estate, corporate law, and public finance. Wes was one of the contributors to the Hawai`i 2000 Report Regarding Lawyers’

Opinion Letters in Mortgage Loan Transactions and is listed in The Best Lawyers in America, Chambers & Partners, and Super Lawyers.

Jennifer M. Chiu is a partner at Chang Iwamasa & Chiu LLP, concentrating her practice in the areas of real property, corporate and finance (including municipal finance).

Prior to joining the firm in 2006, Ms. Chiu clerked for the Honorable Richard W. Pollack at the Circuit Court of the First Circuit of the State of Hawai‘i

and also for the Honorable Craig H. Nakamura of the Intermediate Court of Appeals of the State of Hawai‘i.

Ms. Chiu is a member of the Hawai‘i State Bar Association, the American Bar Association and the National Association of Bond Lawyers. She is a member of the Real Property and Financial Services Section and the Business Law Section of the Hawai‘i State Bar Association. Ms. Chiu speaks conversational Spanish and Mandarin.

JENNIFER M. CHIU

Janel M. Yoshimoto is a partner at Chun Kerr LLP in Honolulu, Hawaii. Ms. Yoshimoto’s practice focuses on representing lenders and borrowers in real estate and asset based secured transactions. Her practice also includes representing landowners, buyers and sellers in a variety of land transactions including financing, development and

sales of residential subdivision, condominium and mixed-use projects, commercial ground and space leasing and real estate due diligence.

Ms. Yoshimoto is a fellow of the American College of Mortgage Attorneys, listed in Chambers USA: America’s Leading Lawyers in the area of real estate (2008 to present) and The Best Lawyers in America for real estate law (2007 to present) and for banking and finance law (2008-present), and was recognized in 2008 in the Pacific Business News “Top Forty Under 40” edition. She is a member and past chair and director of the Real Property Financial Services Section of the Hawaii State Bar Association, and a member and former officer and director of the Hawaii Financial Regulatory Compliance Association. Ms. Yoshimoto earned her B.B.A. degree in Finance from the University of Hawaii at Manoa, and her J.D. degree from Santa Clara University School of Law.

JANEL M. YOSHIMOTO

KAREN M. WINTERKaren M. Winter is a partner with the law firm of Rush Moore LLP A Limited Liability Law Partnership. Ms. Winter concentrates her practice in the area of commercial real estate. She received her undergraduate degree from the University of California at San Diego (magna cum laude) and her J.D. degree from the University of Hawaii at Manoa, William S. Richardson School of Law (valedictorian).

Upon graduation from law school, Ms. Winter clerked for the former Chief Justice Ronald T. Y. Moon of the Hawaii Supreme Court. Ms. Winter speaks fluent Japanese.


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REAL PROPERTY LAW

JON M. H. PANG

PRESENTERS (continued)

John R. Love is an associate in the Finance and Real Estate Department of Cades Schutte LLP. Mr. Love’s practice focuses on real estate acquisitions, sales, and financing transactions, development of residential, resort and commercial projects (including condominium and mixed-use project development), state and federal

subdivision registrations, and commercial leasing.

Mr. Love received his B.A., with distinction, from Yale University and earned his law degree, cum laude, from Northwestern University School of Law. As a law student, he served as Associate Editor of the Northwestern University Law Review.

Mr. Love is a co-author of the “Overview of Hawaii Commercial Leasing Practice: General Provisions” chapter of the Hawaii Real Estate Manual, Volume IV, and the “Managing Commercial Real Estate Leases” chapter of the Practical Law Company’s Real Estate Law Surveys.

Mr. Love was named as a “Rising Star” by Hawaii Super Lawyers 2014, and selected by the Hawaii State Bar Association as a 2014 Leadership Institute Fellow. Mr. Love serves on the Board of the Honolulu Chamber Music Series, and the Albert T. and Wallace T. Teruya Foundation. He is also an enthusiastic member of the Oahu Civic Orchestra.

JOHN R. LOVEJon M. H. Pang is a director in the Real Estate Group of the law firm of Case Lombardi & Pettit, a Law Corporation. Mr. Pang practices in all aspects of real estate development and financing, with an emphasis on acquisitions, complex commercial financing,

subdivision development and affordable housingfinancing. He also assists financial institutions with respect to commercial and residential loans and regulatory and licensing compliance requirements under Hawaii law.

Prior to entering private practice, Mr. Pang served as a judicial clerk to the Honorable Herman T. F. Lum, Chief Justice of the Supreme Court of Hawaii. He is the author of the“AffordableHousing andGovernmental Programs”chapter of the Hawaii Real Estate Manual, Volume II, published in 2010. Mr. Pang has served as the Chair of the Board of Directors of the Real Property and Financial Services Section of the Hawaii Bar Association, and as a director of the Board of Directors of the Building Industry Association of Hawaii and the Rotary Club of Metropolitan Honolulu. He also chaired the Opinion Committee of the Real Property & Financial Services Section of the Hawaii Bar Association, which published the Hawaii 2000 Report Regarding Lawyers’ Opinion Letters In Mortgage Loan Transactions.

CALVIN E. YOUNGCalvin E. Young is a senior partner of Ayabe Chong Nishimoto Sia & Nakamura. He graduated from the William S. Richardson School of Law in 1982, clerked for two judges in the First Circuit Court and joined his firm in 1984. His litigation practice concentrates on the representation of lawyers and other professionals, aviation and products liability cases as well as a variety of personal

injury matters. He has an “AV” rating in Martindale-Hubbell and is listed as a Hawaii “Super Lawyer” in Thomson Reuters. He is currently the President of the Hawaii State Bar Association. He served as a member of the Hawaii Supreme Court Disciplinary Board from 1995-2001, chaired the Hawaii State Bar Association Professional Responsibility Committee from 2002 – 2011 that operates the Professionalism Course for new members of the Hawaii bar, and has been a member of the Hawaii Supreme Court Commission on Professionalism since 2005 . He is the William S. Richardson School of Law Alumni Association 2012 Alumnus of the Year and received the HSBA 2012 ‘Ikena Award for outstanding contribution of services to the legal profession towards legal education.

WILLIAM YUENWilliam Yuen is a Shareholder/Director of Alston Hunt Floyd & Ing whose practice emphasizes real estate acquisition and development and land use planning, securities law, public finance law, corporate law and business and financing transactions. Mr. Yuen’s practice includes rendering legal opinions on behalf of clients in real estate and public finance transactions. Mr. Yuen

is a graduate of Yale College, Yale School of Architecture, and Rutgers University School of Law. Mr. Yuen is a past chair of the Hawaii State Bar Association’s Real Property and Financing Services Section; and is a member of the American Planning Association and the National Association of Bond Lawyers. He formerly served as Chair of the Research Corporation of the University of Hawaiì, Chair of the State of Hawaiì Land Use Commission, and Member of the State of Hawaiì Board of Land and Natural Resources.


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FAMILY LAWLocation: Coral Ballroom 3Time: 8:30 a.m. to 5:00 p.m.CLE Credits: 6 MCPE

Robert A. Simon, Ph.D. is a Licensed Psychologist (licensed in California and Hawaii) and a Nationally Recognized Leader in Forensic Psychologist Consulting with 30 years of experience in the legal domain of family law and domestic relations. Based in San Diego, CA, Dr. Simon consults on cases throughout the United States

and has lectured/taught internationally. He has consulted on cases in 16 states and has been qualified as an expert witness in 12 states and in two Canadian provinces.

Dr. Simon’s professional practice focuses exclusively on forensic psychological evaluation and consultation in child custody disputes. In addition to custody evaluation and mediation, Dr. Simon is a national leader in providing expert witness testimony, strategic case consultation/”second chair” services and review/critique of child custody evaluations and other family law forensic work products related to custodial issues.

A member of the Board of Directors of the AFCC, Dr. Simon is a member of the editorial boards of the Family Court Review and the Open Access Journal of Forensic Psychology; additionally, Dr. Simon is a member of the Committee on Professional Responsibility and Conduct of the California Bar Association and a senior member of the Ethics Committee of the California Psychological Association.

ROBERT A. SIMON, PH.D.

COURSE DESCRIPTION PRESENTERS

HAROLD V. HALL, PH.D.Harold V. Hall Ph.D is a leading educator, lecturer, author, and practitioner within the State of Hawaii and abroad. Dr. Hall is the director of the Pacific Institute for the Study of Conflict and Agression. He is a Licensed Psychologist with Diplomates in Clinical Psychology, Forensic Psychology, American Board of Professional Psychology (by examination); Diplomate in

Forensic Neuropsychology, American Board of Psychological Specialties (by examination); Licensed Psychologist, Hawaii and Pennsylvania; the Pacific Institute is approved by the American Psychological Association to offer continuingeducation to psychologists; Fellow, American Psychological Association (1990-present); Fellow, American Academy of Forensic Psychologists (1982-present); Lifetime Member, American Board of Professional Psychology (1984-present); Fellow, International Society for Research on Aggression (1994-present); Distinguished Practitioner, National Academy of Practice in Psychology (1996-present).

Psychological Evaluation & Assessments:Child Custody and Violence in Families

This seminar portion offers a comprehensive understanding of the role of forensic psychological evaluation and consultation in child custody disputes:• Custody evaluations for military families

• Litigant coaching and preparation: dos and don’ts.

• Crafting orders useful to the custody evaluator

• Custody of young children

• Ask the Expert and group participation

In addition, Dr. Harold Hall will discuss the use of modern risk assessment tools in child custody determinations.

Increasingly sophisticated psychological and neuropsychological assessments allow for greater understanding and evaluations in forensic psychology. Properly utilized, these tools present a unique resource for insight into the impact of violence prediction and risk analysis, violence in the family, and assessment of forensic evaluation reports. Presentation will include a question and answer session. Curriculum designed for the advanced family court litigator, custody evaluator, and judicial offices and staff.

The Curriculum designed for the advanced family court litigator, custody evaluator, and judicial offices and staff.


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FAMILY LAW PRESENTERS (continued)

William C. Darrah is an attorney, mediator, arbitrator, and collaborative practitioner specializing in financially more complicated matrimonial cases. A Hawaii divorce attorney since 1976, he has been the editor of the Hawaii Divorce Manual since 1990, and the editor of the Journal of Hawaii Family Law since 1994. Chair of the HSBA’s Family Law Section in 1989, 1990, 1995, and 2005, a certified fellow in the American Academy

of Matrimonial Lawyers since 1985, one of Hawaii’s “A+ lawyers” since 1993, a member of the 2008 inaugural class of “Hawaii Super Lawyers,” Hawai’i’s first “Family Lawyer of the Year” in 2009, and a The Best Lawyers in America designee since 1989, Mr. Darrah is a 1975 graduate of New York University School of Law, where he was a Root-Tilden Scholar, and a 1970 graduate from the University of North Carolina, where he was a Morehead Scholar. Certified by the American Bar Association as a divorce mediator in 1985, and by the American Academy of Matrimonial Lawyers as a divorce arbitrator in 1992, he is the 1992 recipient of the HSBA’s C. Frederick Schutte Award and the 1997 recipient of the HSBA’s YLD Justice Award, both for commitment to public service. Since 1979 Mr. Darrah has taught many FamilyCourtdivorceeducationprogramsofferedtoHawaiijudges, lawyers, and the public, including The Divorce Experience, Kids First I, Kids First II, and Divorce Law in Hawaii, a monthly program started in 2002 to help pro se litigants deal with money issues in divorce.

WILLIAM C. DARRAHRevisions to the 2014 Hawaii Divorce Manual

This portion of the seminar features Bill Darrah, Esq. who will provide an introduction to revisions to the 2014 Hawaii Divorce Manual.

*The “2014 Hawaii Divorce Manual Supplement” will be available for purchase for the special Bar Convention introductory price of $65.00. Portions of the manual will be referenced during the seminar. Purchase is recommended but not required. For purchase information see the Bar Convention registration form on page 23.


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APPELLATE PRACTICELocation: South Pacific 1Time: 8:30 a.m. to 11:45 a.m.CLE Credits: 3 MCPE

Chief Justice Mark E. Recktenwald was sworn in as Chief Justice of the Supreme Court on September 14, 2010. He joined the Supreme Court as an Associate Justice on May 11, 2009, and previously served as Chief Judge of the Intermediate Court of Appeals beginning in April 2007. Prior to his appointment to the Intermediate Court of Appeals,

Recktenwald served as the director of the Department of Commerce andConsumerAffairs, as anAssistantUnitedStates Attorney for the District of Hawaiì, and as an attorney in private practice. He received his undergraduate degree from Harvard University and his law degree from the University of Chicago.

THE HONORABLE MARK E. RECKTENWALD


THE HONORABLE CRAIG H. NAKAMURAChief Judge Craig H. Nakamura was sworn in as Chief Judge of the Intermediate Court of Appeals on September 16, 2009. He graduated from Ìolani School in 1974 and received his bachelor’s degree from the University of Hawaiì in 1978. Judge Nakamura graduated cum laude from Harvard Law

School in 1981. After law school, Judge Nakamura was a law clerk for U.S. Circuit Judge Herbert Choy and an associate with the firm of Goodsill, Anderson, Quinn & Stifel. In 1986, he became an Assistant U.S. Attorney, a position he held until his appointment to the Intermediate Court of Appeals as an Associate Judge on April 8, 2004.

Judge Nakamura previously taught Appellate Advocacy as an adjunct professor at the William S. Richardson School of Law and served as a director of the Hawaiì State Bar Association.

Appellate Practice:Views from Inside the Court

This seminar will include several exciting and informative panels. Our speakers include civil and criminal appellate practitioners, Hawaii Supreme Court Justices, and Hawaii Intermediate Court of Appeals Judges, such as Former Hawaii Supreme Court Justice Simeon R. Acoba, Jr., Associate Judge Alexa D.M. Fujise of the Intermediate Court of Appeals, Donn Fudo of the City and County of Honolulu’s Department of the Prosecuting Attorney, and Craig Jerome of the State of Hawaii Office of the Public Defender.

Topics include appellate jurisdiction, an insider’s view of the Hawaii appellate courts, and criminal appeals.

The popular Appellate Question and Answer Panel, comprised this year of Chief Justice Mark E. Recktenwald, Former Hawaii Supreme Court Associate Justice James E. Duffy, Jr., and Intermediate Court of Appeals Chief Judge Craig H. Nakamura will once again be featured.

THE HONORABLE SIMEON R. ACOBA, JR. (Ret.)

Justice Simeon R. Acoba, Jr. is a former Hawaii Supreme Court Associate Justice. He served on the court from 2000-2014. Justice Acoba also served on the Intermediate Court of Appeals and the First Circuit Court. Justice Acoba received his undergraduate degree from the University of Hawaii, and his law degree from Northwestern University Law School.


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APPELLATE PRACTICE PRESENTERS (continued)

DANIEL JAMES KUNKELDaniel James Kunkel received his juris doctor degree from the University of San Diego School of Law in 1993, and for two years he served as a judicial clerk for Supreme Court of Hawaii Associate Justice Paula Nakayama. Licensed to practice law in seven jurisdictions, Mr. Kunkel worked as a trial attorney for the Honolulu Department of Corporation Counsel, as well as the law firms of McCorriston Miller Mukai MacKinnon and

Ashford & Wriston. In 2002, Mr. Kunkel began working as a staffattorneyfortheSupremeCourtofHawaii,andwhensubstantial changes in appellate jurisdiction went into effectin2006,Mr.Kunkelbeganworkingasastaffattorneyfor the Hawaii Intermediate Court of Appeals, where he assists the appellate judges with, among other things, their analysis of appellate jurisdiction.

Associate Judge Alexa D.M. Fujise was with the City and County of Honolulu’s Department of the Prosecuting Attorney between 1984 and 2004. Before her departure, she became the director of the Research and Reference Support Division. Throughout her 20-year tenure with the department, Judge Fujise also served as appellate research

branch chief and deputy prosecuting attorney. Judge Fujise also worked as assistant disciplinary counsel for the Office of Disciplinary Counsel, where she investigated and prosecuted violations of the Code of Professional Responsibility by attorneys in the State of Hawaiì. She started her legal career in 1980 as a law clerk to then-Associate Justice Herman T.F. Lum. Judge Fujise, who has specialized in criminal and constitutional law, is licensed to practice in the U.S. District Court of Hawaiì, U.S. Court of Appeals, Ninth Circuit, and the U.S. Supreme Court. She earned her bachelor’s and law degrees from the University of Hawaiì. She has been on the Board of the William S. Richardson School of Law Alumni Association since 1980 and was the recipient of the Dean’s Distinguished Alumni Award in 2005. Judge Fujise taught appellate practice seminars for the National District Attorneys Association and the William S. Richardson School of Law.

THE HONORABLE ALEXA D. M. FUJISE

Deirdre Marie-Iha is an attorney with the Appellate Division for the Department of the Attorney General. She graduated from Cornell University in 1996 and the University of Colorado School of Law in 1999. Deirdre practiced in California until 2003. In 2003, she clerked for Associate Judge Corinne K.A. Watanabe at the Intermediate Court of Appeals. In 2004, she joined the Attorney General’s office and has been there ever since. Deirdre works on a wide variety of matters in both the State and Federal courts, with a heavy emphasis on constitutional law and appeals.

DEIRDRE MARIE-IHA

THE HONORABLE JAMES E. DUFFY, JR. (Ret.)

Justice James E. Duffy, Jr. is aformer Hawaii Supreme Court Associate Justice. He served on the court from 2003-2012. Prior to serving on the Supreme Court, Justice Duffy was afounding member of the firm Fujiyama, Duffy and Fujiyama,and a practicing trial lawyer for 35 years. Justice Duffy isa graduate of the College of St. Thomas and Marquette

University Law School (1968) where he was a member of the Board of Editors of the Marquette Law Review.

Randy Q. Pinal has been the Hawaiì Intermediate Court of AppealsSupervisingStaffAttorneysince2012.Heserveson the standing committee to review the Hawaii Rules of Appellate Procedure, and several committees charged with implementing the Judiciary’s 20/20 Strategic Plan. He previously served as a Supervising Deputy Attorney General in the California Attorney General’s Office, where he practiced civil, criminal, and administrative law at all levels in state and federal court, and received the Attorney General’s Award for Outstanding Client Representation. He also was a contributing author and editor of the American Indian Law Deskbook.

RANDY Q. PINAL

Craig Jerome graduated summa cum laude in 2007 from the William S. Richardson School of Law at the University of Hawaiì. While attending the Richardson School of Law, he was a member of the editorial board of the University of Hawaiì Law Review. After graduation, he clerked for the Honorable Richard W. Pollack. Since 2008, he has been employed as a Deputy Public Defender for the State of Hawaiì. He has also served as a Lecturer in Law at the Richardson School of Law.

CRAIG JEROME


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LABOR & EMPLOYMENT LAWLocation: South Pacific 2Time: 8:30 a.m. to 11:45 a.m.CLE Credits: 3 MCPE


Updates: The Affordable Care Act 2014

This seminar will bring you up to date on critical provisions for individuals and businesses alike. This session brings three elements of the Affordable Care Act issue together in one place. Gordon Ito, Insurance Commissioner will provide an overview and update you on the newest developments; local tax expert Ron Heller will explain and discuss who and what the tax credits business may be eligible for; and Jim Dixon, General Counsel of the Hawaii Health Connector, will explain the complexity of following the state law while implementing the federal mandate. In addition officials from Kaiser Permanente and HMSA will be present to answer focused questions from the perspective of providers.

GORDON I. ITOGordon I. Ito was appointed as Insurance Commissioner for the Hawaii State Insurance Division by Governor Linda Lingle on July 20, 2010. In January 2011, Governor Neil Abercrombie appointed him as Commissioner.

Prior to his appointment, Commissioner Ito was the Chief

Deputy Insurance Commissioner since 2000 and was the Supervising Attorney of the Insurance Division from 1993 – 2000.

Commissioner Ito is a member of the National Association of Insurance Commissioners’ (NAIC) Executive Committee and was elected Chair of the Western Zone of the NAIC in 2012 and reelected in 2013. He is the Chair of the NAIC’s International Regulatory Working Group and the Information Systems Task Force.

In August 2014, Commissioner Ito was a speaker at the U.S. Insurance Regulation and Supervision Seminar on Solvency Monitoring and Risk Governance. This seminar was organized jointly with the NAIC and the Thai Office of Insurance Commission which was attended by Bhutan, Brunei, Cambodia, Indonesia, Japan, Laos, Malaysia, Philippines, Singapore, Sri Lanka and Vietnam.

The Commissioner was also a guest speaker for the Financial Services Supervisory Service of Korea in November 2012. He was part of the delegation which participated in the China Insurance Regulatory Commission’s 2010 China Insurance Supervisory College in Beijing. He also participated in the joint United States and China Insurance Dialogue.

He was a representative of the United States Department of Commerce’s Commercial Law Development Program delegation and a key presenter on the U.S. insurance regulatory system in Bucharest, Romania in 2002. Commissioner Ito obtained a bachelor’s degree in business administration from the University of Hawaii and a law degree from the University of Hawaii William S. Richardson School of Law.


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LABOR & EMPLOYMENT LAW PRESENTERS (continued)

PAUL M. SAITOPaul M. Saito is a partner with the law firm Cades Schutte, LLP one of the largest, oldest and most highly regarded law firms in Hawaii. Prior to joining Cades Schutte Paul had been a partner with Torkildson, Katz, Fonseca, Moore & Hetherington one of Hawaii’s leading labor and employment law firms. His

specialty is in labor and employment law and he exclusively represents and provides consultation to employers. He has extensive litigation, administrative, and arbitration experience in employee/union relations, discrimination, hiring and discharge, counseling, wage and hour matters, workplace violence, wrongful termination, as well as general labor and employment areas.

Paul graduated from the University of Hawai’i at Manoa where he received his Bachelor’s of Business Administration degree, attended the University of California, Hastings College of Law in San Francisco where he received his Juris Doctor degree in 1991. He is Vice-Chair of the Labor and Employment Law Division of the Hawaii State Bar Association.

Paul speaks extensively on employment law issues for the Chamber of Commerce of Hawaii, the Society for Human Resource Management, and is an instructor for the University of Hawaii’s Outreach College, Kapiolani Community College’s Non-Profit Management Certification Program, and for the Society for Human Resource Management’s Professional Certification Program.

In addition to his law practice Paul has been very active in community organizations. He is a member of the Rotary Club of Honolulu, and served as President of Palama Settlement’s Board of Trustees from 2011 to 2012 and served as a Trustee from 2005 to 2012, and 2014 to the present. He has also served as a member of the Atherton YMCA’s board of trustees, and serves as employment council to numerous non-profit organizations and their boards.

Paul currently serves on the Board of the Hawaii Employer’s Council, is Vice-Chair of the Honolulu Japanese Chamber of Commerce’s Government Affairs Committee, and is amember of the Chamber of Commerce of Hawaii’s Human Resources Committee. He has also served as a member of the board of directors for Society for Human Resources Management, Hawaii Chapter and served as a Chairperson ofitsGovernmentandLegislativeAffairsCommittee.From2001 through 2006 he served as Chairperson of the Human Resources Committee for the Chamber of Commerce of Hawaii, amember of the Chamber’s Government AffairsCouncil, and in 2005 and 2006 represented employers on the State’s Criminal History Record Checks Working Group. Paul was honored by the Chamber of Commerce of Hawaii with its Chairman’s Award, in 2002, and President’s Award, in 2003, in appreciation of the countless hours he has devoted to representing employers before the Hawaii Legislature.

RONALD I. HELLERRonald I. Heller practices in the areas of tax litigation, business/commercial litigation, taxation and business law. He received both JD and MBA degrees from the University of Michigan, and is a licensed Certificate Public Accountant as well as an attorney. Mr. Heller is a Fellow of the American College of Tax Counsel, and a past Chair

of the Tax Section of the Hawaii State Bar Association. In 2005, he was appointed by Governor Linda Lingle to the Tax Review Commission of the State of Hawaii, and was subsequently elected Vice Chairman of the Commission. In 2004, Mr. Heller received the “Small Business Champion” Award for the State of Hawaii from the National Federation of Independent Business. He was served on the Board of Directors of the Hawaii Society of Certified Public Accountants since 1988, and served as Society’s President for 1994-95. He has been an Adjunct Professor at the University Of Hawaii School Of Law, and has taught a number of continuing professional education courses for attorney, CPAs, and others.

JIM DIXONJim Dixon serves as General Counsel of the Hawai‘i Health Connector. Previously Jim worked at Island Insurance Company, the Law Offices of Marvin Dang, the law firm of Ayabe Chong Nishimoto Sia & Nakamura, and served as staff attorney for the Stateof Hawai‘i Insurance Division and the Hawai‘i State Senate’s Committee on Commerce and

Consumer Protection. Jim currently serves on the Board of Directors of the Hawaii Council for Economic Education.


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INTERNATIONAL LAWLocation: South Pacific 3Time: 8:30 a.m. to 11:45 a.m.CLE Credits: 3 VCLE


Legal Aspects of Doing Business with China

This seminar offers several hypotheticals, including a Hawaii services company planning to open an office in China and a Hawaii distributor of Hawaii products seeking to distribute products (clothing, food, gifts, etc.) in China. The format will be a discussion by the panelists based on the hypotheticals, rather than formal presentations.

The topics covered will include: Shanghai’s New Foreign Trade Zone; Protection of Intellectual Property Rights in China; Chinese Courts & Commercial Litigation; Opportunities for Hawaii Small & Medium – Sized Enterprises in China; Corporate Entities Available to Foreign Investors [e.g. Wholly Foreign Owned Enterprises (WFOE), Representative Office, Joint Venture]; Taxes in China; Getting Money/Profits In and Out of China; Common Mistakes Made when Coming to China; The Regulatory Environment; Chinese Work Visas; and U. S. Employment Based Visas for PRC Nationals.

LAWRENCE C. FOSTERLawrence C. Foster has been licensed in Hawaii since 1981. He has been at the UH law school since 1987, serving as Associate Dean, then Dean, and now Professor. He is currently also Of Counsel at the Law Offices of Mark T. Shklov where he focuses on serving Chinese

clients. From 2005 to 2013, Larry lived and worked in Shanghai, China. He worked at one of China’s top local law firms, gave training programs on legal writing for young Chinese lawyers, and taught U.S. law for Peking University at their campus in Shenzhen, China. He reads, writes, and speaks Chinese. He is a co-founder of the U.S. China Legal Network, a network focused on developing close ties between Hawaii and Chinese lawyers. He is also a member of the Inter-Pacific Bar Association and the China Law Committee of the American Bar Association’s International Law Section. His recent book, China Law Reader, has been hailed as a one-of-a-kind resource for anyone interested in learning the specialized language of Chinese law.

PHILIP GUO （郭小鹏）

Philip Guo （郭小鹏）is a member of the Florida Bar and the American Immigration Lawyers Association. He has practiced law since 1998, and his practice area is primarily U.S. Immigration and Nationality Law.

Mr. Guo received his Bachelor’s Degree in Linguistics and Literature from China’s Peking University in 1985. Philip Guo continued his graduate education in the United States and received his Doctor of Arts Degree in History from University of Miami in 1993. Mr. Guo received his Juris Doctor in 1997 from Nova Southeastern University in Ft. Lauderdale, Florida. Before relocating to Hawaii, Mr. Guo worked as an immigration lawyeratthe international lawfirmofBecker&Poliakoff,P.A. headquartered in Ft. Lauderdale, Florida. In 2007, Mr. Guo started his own law practice in the State of Hawaii.

Mr. Guo has represented and assisted domestic and international clients in a wide range of immigration matters since 1998. Mr. Guo’s international clients include multinational business executives, management and technical personnel, investors, professionals, entertainers, athletes, and religious workers.

In addition to his law practice, Mr. Guo has been a frequent speaker on immigration related issues at chambers of commerce, bar associations, law schools, business forums, and government agencies.


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INTERNATIONAL LAW PRESENTERS (continued)

ALICK JIANGAlick Jiang is an Executive Partner of YIYOU TIANYUAN LAW FIRM. He Graduated from Jiangxi University of Finance and Economics with dual major of economics and law, and started his legal practice from 2000, focusing on corporation management, investment, finance, tax and labor issues.

Alick adopted the independent director qualification of listed company and is currently the director of Foreign AffairsCommitteeofSuzhouBOA.Hewaselectedasthebest debater of first debating competition in Suzhou (2006).

STEVEN XIAOSteven Xiao joined Dacheng Law Offices in 2012. He is the Branch Director of Suzhou Office. With over 20 years experience as lawyer, he has played an influential role in Suzhou Law Society. He is currently appointed as vice chairman of Suzhou Bar Association, the legal counsel of Suzhou Municipal Government,

an arbitrator of Suzhou Municipal Arbitration Committee and a member of the expert pool of Suzhou WTO Legal Business Consultation Center. In 2007, Jiangsu Municipal Government awarded him an honor of “Top Ten Jiangsu Outstanding Young Lawyer.” In Oct 1994, Steven was invited by CIETAC to attend 1994 International Business Arbitration Annual Conference. So far, he has developed a wide range of business relationship with various arbitration institutions and arbitrators. In May 1997, Steven was selected to participate in the legal business exchanges program in Singapore and Hong Kong. As a pioneer in foreign-related legal services, Steven has continuously demonstrated his excellent talent and high commitment in this area. Currently, he is leading a professional team serving numerous clients, which covers government agencies, foreign investment companies and non-profit institutions, such as Suzhou Radio and Television Bureau, Bank of China Suzhou Branch, SIP Loufeng Government, Suzhou Municipal Government, SIP Human Resource Co., NOKIA (Suzhou), PPG Packaging Coating Co., Dorma Door Control Co., Rosti (Suzhou) engineering plastic Co., Metro. (Suzhou) Technologies Co., Nippon Painting Co., etc.

DAVID MAODavid Mao is a PRC registered and licensed attorney practicing law at Shanghai Pioneer Law Office, one of the oldest downtown law firms in Shanghai. Shanghai Pioneer, part of Pacific Northwest Law Group, serves its clients from a PRC law perspective with its expertise in areas such as foreign investment and trade, banking, securities, corporate

and commercial matters. The firm also has constant working relationship with Perkins Coie. David has over ten years of practice experience in China focusing on foreign direct investment in China. Prior to Shanghai Pioneer, David worked as a foreign legal consultant for various international or US firms such as Baker & McKenzie, Herbert Smith and Davis Wright & Tremaine. He had worked as a trade finance officer at the Bank of America. David is a 1988 graduate of Shanghai Zhenxing Comparative Law Institute. In 1992, he received his LL.M. degree from the University of Washington and received his MBA from Seattle University in 1997. David is counsel for Shanghai Overseas Chinese Chamber of Commerce, Pudong Overseas Chinese Chamber of Commerce and Wujin Chinese Overseas Office in Jiangsu Province.


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INSURANCE CIVIL LITIGATION LAWLocation: South Pacific 4Time: 8:30 a.m. to 11:45 a.m.CLE Credits: 2 MCPE / 1 VCLE


Panel discussions with legal, insurance and technical experts will focus on the following topics:

How Much Coverage Do I Have For All These Accidents?

How is the insurance policy interpreted if more than one accident, or “occurrence” takes place? Arguing there is more than one “occurrence” may be advantageous and disadvantageous to both the policy holder and the carrier. The number of occurrences impacts how many deductibles/self- insured retentions must be paid, available limits, and how many policies are triggered. We will survey various cases that have confronted these issues.

Ethics for Insurance Defense Counsel & Insurance Coverage Counsel

Cyber-Liability Claims & Insurance Options

This portion of the seminar is designed specifically for Hawaii private practice attorneys and in-house lawyers who wish to maximize protection of their communications, data, trade secrets, and personally identifiable client information.

RICHARD C. MOSHERRichard C. (“Dick”) Mosher is of counsel at Anderson Kill. Mr. Mosher divides his time between the firm’s Dallas, Texas office, and his office in Honolulu, Hawaii. Mr. Mosher’s practice concentrates in corporate and commercial litigation. In addition, he has experience in domestic and international

arbitration-mediation and M&A strategic alliances.

Mr. Mosher has been a managing corporate attorney for the past 35 years with companies such as Ball Corporation, Maytag Corporation, Hoover Company and Loctronix Corporation. His responsibilities included management of claims and litigation, security law compliance, employment law and IT licensing experience, U.S. and International mergers-acquisitions and strategic business alliances and has worked on the formation and support of captive insurance companies while at Ball and Hoover.

Mr. Mosher is past chairman of three national committees for the Association of Corporate Counsel, and is the outgoing President of ACC’s Dallas-Fort Worth Chapter. He served as a Director and Officer for Northwestern University and Kellogg Business School alumni board of directors in Dallas-Fort Worth. Mr. Mosher is an advisory board member of “Managing Litigation as a Business.” The “Managing Litigation as a Business” initiative and related “Managing Litigation Reference Model” project are groundbreaking endeavors aimed at helping corporate in-house legal teams manage their companies’ risks, disputes andlitigationmoreefficientlyandeffectively.AndersonKillheads a small core group of Managing Litigation Project Directorsintheseuniqueefforts,whichbeganinlate2011.Mr. Mosher is also a Fellow at the Claims and Litigation Management Alliance in New York.

Mr. Mosher has over 40 years of first chair trial experience in Federal and State Courts and administrative agencies, including the EEOC and Merit Systems Protection Board. He is an experienced mediator. Mr. Mosher’s extensive in-house and litigation experience leads to his view that lawyers must continuously strive to define and provide “value” to clients, not just in terms of results, but budgeting, efficient cost management of litigation and projects, responsiveness, and flexibility to meet the business objectives of clients.

As head of the Ball-Maytag-Hoover international legal teams, Mr. Mosher has been lead negotiator and served as an officer and director for many corporate joint ventures and strategic business alliances in the U.S. and around the world. He managed the Hoover Free Flights litigation in the 1990’s involving thousands of legal and administrative claims throughout Europe and the U.S.


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INSURANCE CIVIL LITIGATION LAW PRESENTERS (continued)

TRED R. EYERLYTred R. Eyerly is Of Counsel at Damon Key Leong Kupchak Hastert. He represents both policy holders and carriers in coverage matters. He is a founding member and immediate past chair of the Hawaii State Bar Association’s Insurance Coverage Litigation section. He serves as a co-managing editor of the ABA

Insurance Coverage Litigation Committee’s website. Tred’s blog, insurancelawhawaii.com, has been continuously recognized in its six years of existence in the top 50 insurance blogs by Lexis/Nexis. He frequently writes and speaks on insurance coverage issues.

Report cases include:

•C.Brewer and Co., Ltd., No. 28958, Memorandum Opinion (Haw. Ct. App. Aug. 7, 2013) - Co-Counsel in successful appeal reversing trial court’s decision that none of the 17 insurers owe coverage obligation.•Geimini Ins. Co. v. Kukui`ula Development Co., 855 F. Supp. 2d 1125 (D. Haw. 2012) - Co-counsel in successfully in establishing duty to defend against three insurers.•Director, DOL & Indus. Relations v. Permasteelisa Cladding Technologies, 125 Haw. 223, 257 P.3d 236 (Haw. Ct. App. 2011) - Co-counsel on briefs in successfully defending appeal from agency action.• Lindsey v. Cuna Mut. Ins. Soc’y,2010 U.S. Dist. LEXIS 116250 (D. Haw. Oct. 29, 2010) - Co-counsel seeking to dismiss claims of misrepresentation on behalf of insurer.•Stop the Beach Renourishment, Inc. v. Florida Dept. Of Environmental Protection, 130 S. Ct. 2592 (2010) - Co-Counsel on Amicus Brief.• Del Monte Fresh Produce (Hawaii), Inc. v. Fireman’s Fund Ins. Co., 117 Haw. 357, 183 P.3d 734 (2007) - Co-counsel on briefs seeking coverage for remediation of superfund site.• Oden v. Northern Marianas College, 440 F.3d 1085 (9th Cir.), cert. denied, 549 U.S. 819 (2006) - Successfully represented College in student’s appeal of sexual harassment suit.•Mikelson v. United Serv. Auto. Ass’n, 2013 Haw. App. LEXIS 268 (Haw. Ct. App. May 6, 2013) - Draft Answering Brief defending judgment in favor of client’s award of attorney fees under Hawaii Insurance Code.• Mikelson v. United Serv. Auto. Ass’n, 108 Haw. 358, 120 P.3d 257 (2005) - Co-counsel on briefs prepared on behalf of insured for attorney fees under Hawaii Insurance Code.•Mikelson v. United Serv. Auto. Ass’n, 122 Haw. 393, 227 P.3d 559 (Haw. Ct. App. 2010) - Co-counsel on briefs successfully defending confirmation of arbitration decision.• In Re Estate of Teregeyo, 5 N. Mar. I. 90 (1997) - Successfully defended appeal challenging heir’s entitlement to land.•Estate of De Leon Guerrero v. Quitugua, 6 N. Mar. I. 67 (2000) - Successfully defended appeal by putative heir challenging client’s entitlement to land.

•Commonwealth Development Authority v. Micronesian Yachts Co., Ltd., Commonwealth of the Northern Marianas Supreme Court, No. 95-039 (1996) - Successfully defended appeal by borrower who defaulted on loan and alleged fraud.•Andrew v. Bowen, 873 F.2d 875 (9th Cir. 1988) - Successfully briefed and argued case reversing District Court’s denial of attorney fees to client.•Kenaitze Indian Tribe v. State of Alaska, 860 F.2d 312 (9th Cir.), cert. denied, 491 U.S. 905 (1988) - Co-counsel on brief which successfully opposed State’s petition for certiorari regarding tribe’s subsistence fishing rights.•In the Matter of C.C.G., 783 P.2d 1159 (Alaska 1989), cert. denied, 495 U.S. 948 (1990) - Briefed and argued appeal to Alaska Supreme Court regarding Indian Child Welfare Act.•Degnan v. Hodel, 16 Indian Law Rptr. 3087 (D. Alaska 1989) - Successful challenge of Department of Interior’s policy of denying subsistence land applications submitted by Alaska Natives.•George v. Hodel, 14 Indian Law Rptr. 3042 (D. Alaska 1987) - Successful challenge of Department of Interior’s denial of 97 year old Tlinget Indian man’s application for subsistence land.• Olympic v. United States, 615 F.Supp. 990 (D. Alaska 1985) - Successful challenge of Department of Interior’s refusal to accept application for subsistence land from heirs of deceased landowner.• Akootchook v. U.S., 747 F.2d 1316 (9th Cir. 1984), cert. denied, 471 U.S. 1115 (1985) - Represented class of claimants for subsistence land within National Wildlife Refuges. Co-counsel on Ninth Circuit briefs. Counsel of record on petition for certiorari.

KATHY DANGKathy Dang is a Client Executive based in Marsh’s Honolulu office. She works with Marsh clients to evaluate risks and funding mechanisms and designs practical, competitive, and cost-effective programs.She is particularly known for efficient project management and on-time results.

Kathy joined Marsh in 1988. She specializes in casualty and risk management client servicing and has experience in helping clients develop allocation and accountability programs that meet their needs. Her projects include a workers’ compensation cost containment program that reviews trends, implements strategies, and measures results.

Kathy has also worked with providers for a TPA selection, leading to lower costs while simplifying choices. She has implemented strategic risk mapping to identify clients’ operational, hazard, strategic, and financial risks and possible solutions. Kathy is known for setting performance standards and negotiating improvements with carriers, providers, and administrators. She has successfully marketed difficult insurance placements by utilizing Marsh global resources.


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INSURANCE CIVIL LITIGATION PRESENTERS (continued)

BEAU MONDAYSince joining Hawaiian Telcom in February 2011, Beau has been actively engaged in educating the local community about growing cyber security risks and how to prevent them.

One of his first projects at Hawaiian Telcom was collaborating with the U.S.

Secret Service, Department of Homeland Security and Federal Bureau of Investigations to provide a secure environment for the 2011 Asia-Pacific Economic Cooperation (APEC) conference in Honolulu that was attended by 22 country leaders, including President Barack Obama.

Before moving to Hawaii, Mr. Monday, who has more than 20 years of experience in information systems and security, was an Information Security Analyst for Wells Fargo in Seattle, Washington. Prior to that, he held senior information security roles for large corporations, including T-Mobile and AT&T Wireless.

Mr. Monday earned a degree in Accounting from the State University of New York. He is a Certified Information Systems Security Professional (CISSP), and is a contributor to the U.S. Telecom Association’s Cyber Security Working Group and a member of the Cloud Security Alliance. He has been a monthly Tech View columnist for the Honolulu Star-Advertiser since 2012.

DAVID R. HARADA-STONEDavid R. Harada-Stone was born in Honolulu, Hawaii and graduated from Roosevelt High School in 1978. He received a B.A. in journalism from the University of Hawaii at Manoa in 1986 and worked as a radio and newspaper reporter and editor on Oahu and the Big

Island before attending the William S. Richardson School of Law, where he was elected Editor of the University of Hawaii Law Review.

After graduating from law school in 1994, Mr. Harada-Stone served as a law clerk to Senior United States District Court Judge Samuel P. King. He was admitted to the Hawaii Bar in 1994 and the California Bar in 1998. He worked as an associate with the Honolulu law firm of McCorriston Miho Miller Mukai and later with Tom Petrus & Miller before returning to his home on the Big Island. From 2000 to 2008, he worked in a general litigation practice in Kamuela, Hawaii.

Mr. Harada-Stone rejoined Tom Petrus & Miller in July 2008. He continues to live on the Big Island, but practices law statewide. His areas of emphasis include insurance coverage and insurance bad faith defense.

Reported cases briefed and/or argued by Mr. Harada-Stone include: Allstate Ins. Co. v. Miller, 732 F.Supp.2d 1128 (D.Haw. 2010); Painsolvers, Inc. v. State Farm Mut. Ins. Co., 732 F.Supp.2d 1107 (D.Haw 2010); Brown v. Progressive Direct Ins. Co., 123 Haw. 299 (Haw.App. 2010); Allstate Ins. Co. v. Naai, 684 F.Supp.2d 1220 (D.Haw. 2010); Reassure America Life Ins. Co. v. Rogers, 248 F.Supp.2d 974 (D.Haw. 2005); Jaz, Inc. v. Foley, 104 Haw. 148 (Haw.App. 2004); Pachuta v. Unumprovident Corp., 242 F.Supp.2d 752 (D.Haw. 2002); Yu v. Albany Ins. Co., 281 F.3d 803 (9th Cir. 2002); State Farm Mut. Auto. Ins. Co. v. Adams, 232 F.3d 896 (9th Cir. 2000); Allstate Ins. Co. v. Kim, 121 F.Supp.2d 1301 (D. Haw. 2000); Gepaya v. State Farm Mut. Auto. Ins. Co., 94 Haw. 362 (Haw. 2000); Allstate Ins. Co. v. Kaneshiro, 93 Haw. 210 (Haw. 2000); Allstate Ins. Co. v. Veniegas, 2 F.Supp.2d 1303 (D.Haw. 1998); State Farm Mut. Auto. Ins. Co. v. Murata, 88 Haw. 284 (1998); Honbo v. Hawaiian Ins. & Guar. Co., 86 Haw. 373 (Haw.App. 1997).

ALAN VAN ETTENAlan has written and spoken extensively on insurance law and litigation. In 1993 and 1994, at the Law School’s request, he was Adjunct Professor (Advanced Torts/Insurance Law) at the University of Hawaii’s School of Law. He frequently speaks, writes and teaches on the subject of Hawaii Insurance

Law; he has co-written the materials for, and been a panel presenter on, more than thirty (40) insurance coverage and bad faith seminars just since 1997. Attendees at the seminars are other attorneys and insurance professionals. Because his teachings contribute significantly to establishing the standard of practice of insurance claims handling in the State of Hawaii, he serves as an expert witness on that standard for both insureds and insurers.

Alan co-founded the Insurance Coverage Litigation Section of the HSBA in 2006, was its first chairperson, and is currently its chair emeritus. He is a past President of the Hawaii State Bar Association. He was the Hawaii State Representative to the American Bar Association House of Delegates for nine years, where he was a member of that body’s Nominating Committee. He completed a 3-year term serving as one of the 15 members, nationally, of the ABA Standing Committee on the Federal Judiciary, which evaluates proposed federal court nominees for the White House.

Aaron LoeserListed in the National Trial Lawyers Top 40 Under 40, Aaron’s practice concentrates in civil litigation, with an emphasis on insurance law and litigation, representing primarily policyholders in insurance coverage and insurance bad faith cases.

Before attending law school, Aaron worked for Progressive Insurance for six years, as a claims adjuster in Tucson, Arizona, and as a claims team leader in: Tempe, Arizona; Chandler, Arizona; and Honolulu, Hawai‘i. Aaron brings a wealth of inside experience and knowledge of the insurance industry to his practice.

During law school, Aaron was a Casenote Editor for the University of Hawaii Law Review; and Aaron interned with Deeley King Pang & Van Etten from May of 2009 until his admission to the Hawaii State Bar in November of 2011.


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HARPTA/FIRPTA & FORECLOSURESLocation: Coral Ballroom 1& 2Time: 1:45 p.m. to 5:00 p.m.CLE Credits: 3 VCLE


The Big Picture: Dealing with HARPTA/FIRPTA Witholding in Foreclosures

Attorneys practicing in the area of real property, international, and even tax law, may be approaching the FIRPTA Withholding rules in their practice as merely a series of unconnected rules without a unifying context. The many articles and blogs one finds from a Google search on FIRPTA typically provide only a laundry list of rules without an overarching understanding of the enforcement mechanism. This HSBA course is designed for any attorney who would like to finally understand the “big picture.” This course will provide a conceptual overview of the FIRPTA enforcement mechanism and the analytic tools necessary to deal appropriately with buyer’s withholding obligation in any real property sale, including distressed sales fraught with difficulties like foreclosure sales. It will do the same for HARPTA.

This seminar will illustrate the importance of case management for effectively dealing with buyers’ HARPTA/FIRPTA Withholding obligations in foreclosure cases. The general analytic approach for conceptualizing the FIRPTA Withholding issues in any real property sale will be applied to the particulars of a foreclosure sale to arrive at an appropriate resolution for managing a foreclosure case.

KEVIN HERRINGKevin Herring is the Managing Partner at Ashford & Wriston LLP. His practice focuses on commercial litigation and title insurance. He has represented a number of differentinstitutionallendersincomplex, unusual or contested foreclosure cases. One of the

first foreclosure cases he worked on involved a home that was burned to the ground after the confirmation hearing, but before the order confirming the sale was actually entered (Federal Home Loan Mortgage Corporation v. Transamerica Insurance Co., 89 Haw. 157 (1998)). He has learned to expect the unexpected ever since. Mr. Herring graduated cum laude from the Case Western Reserve University School of Law in 1996. While at Case, he served as the Notes Editor for the Law Review.

MIKE GARCIAMike Garcia is Tax Counsel at Ashford & Wriston LLP. He focuses his practice on tax law (domestic & international), business law and real estate law. He has been interested in international tax since his days as a law student at Boalt Hall. He has over 30 years of experience handling FIRPTA issues that arise in real estate transactions. Mr. Garcia has

lectured extensively on tax related matters. His two favorite topics over the years involve IRC §1031 exchanges and foreign investments and he has published many articles on these two subjects, including “Application of Sections 1031 and 1445 to Exchanges of Real Property by Foreign Persons,” 48 Tax Lawyer 471 (Spring 1995). Last year, his book entitled “The FIRPTA Withholding Guidebook” was published by ABA Publishing.

A copy of Mike Garcia’s book, “The FIRPTA Withholding Guidebook,” is availabe for purchase at ShopABA.org.Save20%offapplicablepricewithcodeFWGHI14(exp.10/31/14).

This is a practical guidebook designed to provide a workable understanding of the requirements and practical application of the FIRPTA Withholding rules. Portions of the publication maybe referenced during the seminar. Purchase is recommended but not required for seminar participation.

Disclaimer:Save20%offapplicablepricewithdiscountcodeFWGHI14whenplacingorder.Discount expires 10/31/2014 at 12:59 am ET and cannot be combined with other discounts. Only applies to the FIRPTA Witholding Guide and does not apply to eBooks or other ABA products. Shipping charges may apply.


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YOUNG LAWYERS DIVISIONLocation: South Pacific 1Time: 1:45 p.m. to 4:00 p.m.CLE Credits: 2 MCPE


Avoiding Ethical and Malpractice Pitfalls

In this two-hour seminar, a diverse panel will discuss ethical and malpractice issues raised by movie clips and realistic scenarios. During the presentation the panelists will suggest practical solutions to common challenges faced by members of the Bar.

Professor Randall Roth will moderate the panel discussion and encourage audience participation.

Discussion topics include:• Scope of engagement

• Engagement & non-engagement, and end of engagement letters

• Duty to investigate client’s recitation of the facts

• Fee arrangements, recordkeeping & collection

• Document management & file ownership

• Conflicts of interest

• Confidentiality

• Fiduciary duties

• Advocacy limits

• Direct contact with represented and unrepresented parties

• Effective communication

• Marketing vs solicitation

• Buying or selling a law firm or law practice

• . . . Lifestyle and balance . . . and much more!

THE HONORABLE LESLIE KOBAYASHIThe Honorable Leslie Kobayashi was nominated by President Barack Obama on April 21, 2010 and confirmed by the United States Senate as a United States District Judge in the District of Hawaiì on December 22, 2010. She served as a United States Magistrate Judge for 11 years, and a trial lawyer for 16 years, first as a deputy prosecuting attorney for the City and County of Honolulu and then in private practice. She received her B.A. degree from Wellesley College

in 1979 and her J.D. degree from Boston College School of Law in 1983.

RANDALL ROTHRandall Roth is a professor at the University of Hawai’i and associate reporter for the Restatement of the Law of Trusts. He’s served as President of the Hawaiì State Bar Association, Hawaiì Justice Foundation and Hawaiì Institute for Continuing Legal Education, and has received the University of Hawaiì’s highest awards for classroom teaching and community service. In 2005 the City of Honolulu Centennial

Commission included him on its list of 100 individuals who made lasting contributions during the city’s existence. He served as a script consultant for a movie, The Descendants, which won the Academy Award in 2012 for best screenplay.


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YOUNG LAWYERS DIVISION PRESENTERS (continued)

JOHN ROTHJohn Roth is the founding member of Hawaii Trust & Estate Counsel. He previously was a partner in Hastings Laun & Roth in Waimea on the Big Island and was associated with Case Lombardi & Pettit in Honolulu. John is a past president of the Young Lawyers Division of the HSBA and regularly teaches

Business Law at the University of Hawai`i–Hilo and Estate Planning at the William S. Richardson School of Law. He is a frequent speaker at seminars for lawyers and other professionals in the areas of estate planning and probate administration. John graduated from Punahou in 1999 and the University of Kansas, Phi Beta Kappa, in 2003; and he received J.D. and M.B.A. degrees from the University of Hawai`i in 2007.

BART W. HOWKBart W. Howk is a business-transactions and real-property lawyer at Bays Lung Rose & Holma. He received his J.D. from the University of Kansas School of Law and an M.B.A. from the University of Kansas School of Business, and is licensed to practice in Hawaii, Kansas, and Missouri. His practice includes purchases, sales, and financing

of real estate, creation and organization of business entities, and other general business agreements. He is currently the Secretary and a Director of the Hawaii State Bar Foundation and the Young Lawyers Division of the HSBA.

KENNETH LAWSONKenneth Lawson had a successful law practice in Cincinnati from 1989 to 2007, primarily in the areas of criminal defense and civil right litigation. Over a number of years he engaged in unethical and criminal behavior while addicted to prescription painkillers, lost his license to practice law, and pleaded guilty to the felony of Obtaining Controlled Substances by Fraudulent Means. In 2009-

2010 he served 10 months in a federal penitentiary. Currently he is Associate Director of the Hawaii Innocence Project and Associate Faculty Specialist at the William S. Richardson School of Law where he teaches courses in Criminal Justice, Criminal Procedure, the Business of Law Practice, and Professional Responsibility.

RYAN M. HAMAGUCHIRyan M. Hamaguchi is an attorney with the law firm of Case Lombardi & Pettit. He practices in the areas of business reorganization, bankruptcy, and business and commercial litigation. He received his Bachelor of Business Administration degree from Gonzaga University and his Juris Doctor degree from the University of San Diego School of Law. He is a member of the State Bar of Hawaii and

State Bar of California. Mr. Hamaguchi currently serves as a director for the Hawai‘i Bankruptcy Bar Association and a director for the Hawai‘i State Bar Association’s Young Lawyers Division. He was a contributor to the 2013 Hawaii Collection & Bankruptcy Law Manual.


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ETHICS & TECHNOLOGYLocation: South Pacific 2 & 3Time: 1:45 p.m. to 5:00 p.m.CLE Credits: 3 MCPE


Dangerous Curves Ahead: The Crossroads of Ethics and Technology

Increasingly, technological literacy is an essential part of an attorney’s professional competence, and technology plays an important role in delivering quality legal services. But technology can also have dangerous consequences. This seminar will explore the use and abuse of specific technologies that could result in potential hazards, and how a little defensive driving will help you avoid ethical violations. We will examine the updates to the ABA Model Rules and provide hypothetical scenarios.

CATHERINE SANDERS REACHCatherine Sanders Reach is Director, Law Practice Management and Technology for the Chicago Bar Association. She was the Director at the American Bar Association’s Legal Technology Resource Center for over ten years, providing practice technology assistance to lawyers. Prior to her work at the CBA and ABA she worked in library and information science environments for a number of years, working at Ross and Hardies as a librarian. She received a master’s degree

in Library and Information Studies from the University of Alabama, Tuscaloosa in 1997.

Ms. Reach’s professional activities include articles published in Law Practice magazine, Law Technology News and GPSolo Magazine. She has given presentations on the use of technology in law firms for national bar conferences, state and local bar associations and organizations such as the National Association of Bar Council and the Association of American Law Schools. In 2011 she was selected to be one of the inaugural Fastcase 50, celebrating 50 innovators, techies, visionaries, and leaders in the field of law and in 2013 was nominated as a Fellow of the College of Law Practice Management. She is currently serving on the ABA TECHSHOW Board and is editorial advisory board emeritus for Law Technology News.

Follow her @catherinereach or at connect at www.linkedin.com/in/catherinereach


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NATURAL RESOURCES & LITIGATION LAWLocation: South Pacific 4Time: 1:45 p.m. to 5:00 p.m.CLE Credits: 3 MCPE


Hawaii Environmental Court

This seminar will focus on the implementation of Hawaii’s new Environmental Court. SB No. 632 provides that a new Environmental Court shall be established within the existing Circuit Court system on July 1, 2015. This new court shall have original and exclusive jurisdiction over a wide array of environmental and natural resource statutes.

Prior to this date the State Judiciary is charged with presenting a report to the legislature in December of 2014 outlining plans for implementation and rule making, including any further legislative action required for successful implementation.

THE HONORABLE MERIDETH WRIGHTMerideth Wright retired in September 2011 as one of the two environmental judges for the State of Vermont; she presided over the Vermont Environmental Court (now known as the Environmental Division of the Vermont Superior Court) since its creation in 1990. It is a judicial branch civil trial court with statewide jurisdiction over certain environmental enforcement cases, over all appeals (most are de novo) and enforcement matters involving local zoning

and planning decisions, and over all appeals (de novo) from state environmental and land use permit decisions. Before her appointment as a judge, Judge Wright worked as an Assistant Attorney General for environmental matters in the Vermont Attorney General’s Office, and, before moving to Vermont in 1978, worked for the U.S. Environmental Protection Agency, in a small Washington, D.C. law firm, and for a county prosecutor’s office. She earned her J.D. degree in 1974 from the University of Chicago and her B.A. degree in 1971 (magna cum laude) from Yale University, in an independent environmental studies major.

Judge Wright has taught courses at the Vermont Law School, the University of Vermont, and Pace University School of Law, and has presented on judicial and environmental topics at international and regional conferences, as well as in Vermont, throughout her professional career. She is now associated with the Environmental Law Institute as a Distinguished Judicial Scholar, as well as consulting internationally on issues related to environmental courts and the judicial role in environmental enforcement and compliance.


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NATURAL RESOURCES & LITIGATION LAW PRESENTERS (continued)

THE HONORABLE MICHAEL WILSONAssociate Justice Michael Wilson was appointed to the Hawaii Supreme Court on April 17, 2014, after serving as a Circuit Court Judge of the First Circuit since May 10, 2000.

Prior to his appointment as a Circuit Court judge, Justice Wilson was the director of the Department of Land and Natural Resources, Chair of the Board of Land and Natural Resources, Chair of the State Water Commission and a Trustee

of the Kahoolawe Island Reserve Commission. He was awarded a lifetime membership in the Western Association of Fish and Wildlife agencies in 1999. Previously, he was a partner in the law firms of Pavey Wilson & Glickstein and HartWolff&Wilson.

Justice Wilson received his law degree from Antioch School of Law in Washington D.C., and bachelor’s degree from the University of Wisconsin-Madison. He was raised in Kailua and graduated from Kailua High School.

MIKE GABBARDMike Gabbard is a State Senator representing District 20 (West Oahu). He previously served as a Honolulu City Councilman for District 1 (West Oahu) from 2003-2005. He has been the Chair of the Energy and Environment Committee since 2009. Senator Gabbard is committed to addressing the impacts that invasive species and climate change are having on Hawaii’s natural environment. He’s also been a champion for getting us

offourdependenceonfossilfuelsandrampingupouruseof our indigenous, renewable energy resources. He’s a life-long educator and small businessman. His daughter, Tulsi Gabbard, represents rural O‘ahu and the Neighbor Islands in the U.S. House of Representatives.


Full Name ___________________________________________ ___ Firm ___________________________________________________Address _____________________________________________________________________ Phone _______________________________________If you are a Hawaii attorney, you must provide your J.D. Number ___________________ Email _________________________________Signature of Registrant _________________________________________________________________________________________

OCTOBER 24, 2014 • HILTON HAWAIIAN VILLAGE • MID-PACIFIC CONFERENCE CENTER

Seminar SEMINARS TO AT TEND

REAL PROPERTY LAW *handout available for purchase, see course materials below

FAMILY LAW, pt. 1 *supplement available for purchase, see course materials below

3 MCPE

3 MCPE

>> Please Print

Coral Ballroom 3

Coral Ballroom 1 & 2

CreditLocation

Payment Type: Check (payable to HSBA) Visa Mastercard PAYMENT INFORMATION

2014 HSBA BAR CONVENTION

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Please select which Seminar Session(s) you would like to attend along with the appropriate Pricing TierMORNING SESSIONS (8:30 a.m. to 11:45 a.m.)

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APPELLATE PRACTICE 3 MCPESouth Pacific 1

SUCCESSION PLANNING by LAURIE S. FOSTER N/ACoral Ballroom 4 & 5KEYNOTE LUNCH & ANNUAL MEETING (12:00 p.m. to 1:45 p.m.)

LABOR & EMPLOYMENT LAW

INTERNATIONAL LAW

3 MCPE

3 VCLESouth Pacific 3

South Pacific 2

INSURANCE CIVIL LITIGATION LAW 2 MCPE / 1 VCLESouth Pacific 4

HARPTA/FIRPTA & FORECLOSURES

FAMILY LAW, pt. 2 *supplement available for purchase, see course materials below

3 VCLE

3 MCPECoral Ballroom 3

Coral Ballroom 1 & 2AFTERNOON SESSIONS (1:45 p.m. to 5:00 p.m.)

YOUNG LAWYERS DIVISION *concludes at 4:00 p.m. 2 MCPESouth Pacific 1ETHICS & TECHNOLOGY

NATURAL RESOURCES & LITIGATION LAW

3 MCPE

3 MCPESouth Pacific 4

South Pacific 2 & 3

Credit Card Number ______________________________________________________________ Expiration Date _____________Card Holder’s Name _____________________________________ Card Holder’s Signature _______________________________

TOTAL PAYMENT ENCLOSED $ ____________________

Early Registration (ends Oct. 3)

2014 BAR CONVENTION PRICESRegular Registration (after Oct. 3) Day of Bar Convention (Oct. 24)

HSBA MemberNI Member $ 150.00

$ 180.00

FULL DAY (Morning AND Afternoon Seminar + Lunch)

Non Member $ 250.00HALF DAY (Morning OR Afternoon Seminar + Lunch )


$ 150.00

Non Member $ 220.00LUNCH ONLY(Annual Meeting / Keynote / Lunch )

All Members $ 50.00


$ 230.00




$ 170.00


All Members $ 55.00


$ 250.00




$ 190.00


All Members $ 60.00

*only one pricing tier must be selected along with your specific meal choice (regular or vegetarian)

* only one seminar per morning and/or afternoon session must be selected

Regular Regular RegularVegetarian Vegetarian Vegetarian

COURSE MATERIALSOpinion Letter Handout for Real Property Law Seminar *see seminar details on page 3 $ 25.002014 Divorce Manual Supplement for Family Law Seminar *see seminar details on page 7 $ 65.00

*HSBA Members may register online at www.HSBA.org.*Non-HSBA Members, please fax (808-521-7936) / email ([email protected]) OR mail completed form to the HSBA(AlakeaCorporateTower,1100AlakeaSt.,Suite1000•Honolulu,HI96813).


HSBA Member RegistrationOnline registration is available for HSBA Members at www.HSBA.org. You may also choose to complete the registration form on page 23 and fax (808-521-7936) or mail to the HSBA (1100 Alakea Street, Suite 1000, Honolulu, Hawaii 96813, Attention: Jasmine Graffis).

Non-HSBA Member Registration

Complete the registration form on page 23 and fax (808-521-7936) or mail to the HSBA (1100 Alakea Street, Suite 1000, Honolulu, Hawaii 96813, Attention: Jasmine Graffis).

Hotel ReservationsHilton Hawaiian Village Waikiki Beach Resort -For the overnight room rate, request “P3 Rate” when making reservations.

ParkingParking validation will be offered at the HSBAregistration desk for those attending the 2014 Bar Convention & Annual Meeting.

CancellationA refund will be made only if we receive written notice of cancellation on or before October 20, 2014. NO REFUNDS WILL BE MADE (1) IF CANCELLATION IS MADE AFTER OCTOBER 20, 2014 AND/OR (2) FOR NO-SHOWS.

Insufficient FundsA $30 fee will be charged for insufficient funds.

Manuals/Course MaterialsManuals and/or course materials, for most seminars, will be available at the seminar rooms only for those who register on or before October 10, 2014. Only certain seminars will have materials for purchase. It is NOT required to purchase these materials in order for you to participate in the seminars.

Questions / Special Accommodations / ADAContact Jasmine Graffis, HSBA CLE Assistant at phone: (808) 792-7336 / email: [email protected] or Pat Mau-Shimizu, HSBA Executive Director at phone: (808) 792-7342 / email: [email protected].

ChangesThe form, content, and other aspects of the seminars are subject to change. The HSBA reserves the right to cancel seminars without liability, and the HSBA shall, in such a situation, return the amounts paid to the registrant. Please note that the location and/or times of the seminars are subject to change. Please check for possible changes at the registration area on the day of the Bar Convention.

Videotaping / PhotographyThe seminar may be videotaped and/or photographed. Your registration constitutes your voluntary consent to such videotaping and/or photography without monetary compensation.

DisclaimerThe representations made at this Bar Convention and content/materials are those of the presenters and do not represent the position of the HSBA. Legal opinions, analyses, and materials provided by the presenters are not reviewed by the HSBA.

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ADDITIONAL REGISTRATION INFORMATION

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H awa i i S tat e B a r a S S o c i at i o n 2014 B a r co n v e n t i o n & a n n ua l m e e t i n g

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