Ashford & Wriston in the News
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Trust the Best
Ashford & Wriston is proud to announce that Jack Lockwood and Ronda Kent have been selected for inclusion in the 2008 edition of The Best Lawyers in America® in the area of trusts and estates.
Jack and Ronda join seven other A&W attorneys, A. James Wriston, Jr., Bruce Graham, Michael Gibson, Rosemary Fazio, Wayne Nasser, Jim Mee, Cuyler Shaw and Galen Leong, who previously have been recognized by Best Lawyers.
Inclusion in Best Lawyers is based on an exhaustive and rigorous peer-review survey, including 1.8 million confidential evaluations by the top attorneys in the country as well as thousands of telephone interviews with leading attorneys. Best Lawyers is widely regarded —by both the profession and the public— as the definitive guide to legal excellence in the United States.
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ADR is Spelled A-O-K-I
A&W partner Paul S. Aoki has been added to Dispute Prevention & Resolution, Inc.'s panel of neutrals for arbitrations and mediations.
Mr. Aoki began practicing law in 1973 and joined Ashford & Wriston in 1980. Since 1997, Mr. Aoki has been appointed as an arbitrator in over 100 disputes between unions and employers. Representative unions include the United Public Workers, the Hawaii Government Employees Association, the University of Hawaii Professional Assembly, the Hotel and Restaurant Workers Union and the Hawaii State Teacher’s Association. Representative employers include the State of Hawaii Department of Education, the Hawaii State Judiciary, Hawaii Health System Corporation, the City and County of Honolulu and the County of Maui.
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One of the Leaders
A&W partner Bruce Graham has once again been recognized as one of the top real estate attorneys in Hawaii by Chambers USA. According to Chambers, Mr. Graham "is acknowledged as one of the leaders for title analysis and his drafting skills are particularly well thought of." Chambers also reports that the firm "has a particularly strong reputation for representing fee holders[.]"
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Optimism is in Order
In her latest article for the Hawaii Women Lawyers organization, A&W partner Lynne Jenkins McGivern notes that women make "up more than half of current law school classes nationwide." Although "optimism for women seems in order," the sheer number of women entering the profession does not guarantee "equal power, influence, and respect." As a result, it is still necessary for female attorneys to actively support each other and show "confidence in the sisterhood." Ms. McGivern suggests that the goal should be to make the Hawaii Women Lawyers organization obsolete; "a footnote in Hawaii's past" that would sound as odd or as unnecessary as "Hawaii Men Lawyers" would seem today. She notes that "[w]e want the young attorneys following in our footsteps, men or women, to assume that maximum success follows hard work, dedication, and competence, no matter one's gender."
Ms. McGivern is the outgoing President of Hawaii Women Lawyers and will succeed to the office of Immediate Past President for 2007-2008. Her practice focuses on divorces, paternity actions, custody cases, and restraining order matters. She is particularly well-respected for her ability to handle cases involving domestic violence dynamics. Ms. McGivern can be reached at 808-539-0438.
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Historical Recognition
A&W partner James K. Mee was recently elected as a Trustee of the Hawaiian Historical Society. Founded in 1892, the Society is dedicated to preserving historical materials relating to Hawai‘i and the Pacific region and to publishing scholarly research on Hawaiian and Pacific history. In addition, the Society presents lectures and other programs, free to the public, on various aspects of Hawaiian history. You can read more about the Hawaiian Historical Society here.
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Land titles, Local Style
Up until now, Jim Mee has been one of Ashford & Wriston's best kept secrets. A veritable walking encyclopedia of knowledge about native Hawaiian rights and land title issues, he recently shared some of his knowledge in a workshop sponsored by Island Title. As Mr. Mee explained, for many years, conventional legal wisdom held that the only vestiges of traditional and customary native rights were those contained in Hawaii Revised Statutes § 7-1. Between 1982 and 2004 the Hawaii Supreme Court issued a number of decisions which altered that conventional wisdom and substantially expanded these rights. One of the key decisions during this time period was Public Access Shoreline Hawaii v. Hawaii County Planning Comm’n, 79 Hawai‘i 425, 903 P.2d 1246 (1995). The acronym of the plaintiff in that case -- PASH -- is today synonymous with the spectrum of native rights which may affect real property in Hawaii. Continuing efforts by the courts and government agencies to define the scope of the so-called PASH rights will have significant, long-range consequences for individuals, businesses and developers throughout the State. Click here to read more or here for the online slideshow.
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Rosemary Fazio Elected as Chairperson of the Judicial Selection Commision
A&W partner Rosemary Fazio has been elected to serve as the chairperson of the State's influential Judicial Selection Commission. She will serve a 2 year term.
The Judicial Selection Commission reviews and evaluates applications for all judicial vacancies, and vote, by secret ballot, to select qualified nominees. Established by a 1978 state constitutional amendment, the Commission is governed by the Judicial Selection Commission Rules.
The names of the nominees are then forwarded to the appropriate appointing authority. The governor is the appointing authority to nominate judges of the Supreme Court, Intermediate Court of Appeals, and Circuit Court for an initial ten-year term. The governor selects appointees from a list of not less than four and not more than six names submitted by the Judicial Selection Commission. The commission submits a list of at least six names to the chief justice who nominates judges for district and district family court to six-year terms. All nominations are subject to confirmation by the state senate.
The Commission also determines whether a justice or judge shall be retained in office. The Commission publicizes the fact that a justice or judge is seeking retention so that all persons who might have an interest in the matter be informed of the opportunity to comment.
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Rosemary Fazio Represents Judicial Selection Commision at Swearing In Ceremony
On March 9, 2007, Chief Judge Ronald Moon swore in Keith Tanaka as judge of the District Court, Second Circuit, with the Maui bench and bar and many friends of Judge Tanaka in attendance. Jeffrey Sia, HSBA President-Elect, represented the HSBA and Rosemary Fazio represented the Judicial Selection Commission in the ceremony.
While on Maui, President-Elect Sia and HSBA Executive Director Lyn Flanigan met with the Maui County Bar Association (MCBA) Board of Directors to discuss mutual plans and activities.
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Honoring the Spirit of Excellence
A&W attorney Jill M. Hasegawa (top right) was among a contingent of Hawaii attorneys that attended the American Bar Association's midyear meeting and helped to honor former Hawaii Supreme Court Chief Justice William S. Richardson (center). The ABA recognized Chief Justice Richardson with the "Spirit of Excellence" Award.
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Jack of All Trades
The recently published Journal of the 2006 Annual Meeting of the Convention of the Episcopal Diocese of Hawai`i chronicles the following action with regard to John "Jack" Lockwood, an attorney with Ashford & Wriston who recently celebrated the 33rd anniversary of his joining the firm:
RESOLVED, that this 38th Annual Meeting of the Convention of the Episcopal Church in Hawai`i express its profound gratitude, deep appreciation and warm aloha to our long-time Chancellor, John Lockwood, for his intelligence, knowledge, wisdom, gentle manner and occasional humor which have been ministered in a grace-full manner, to the benefit of the Church, and to the furtherance of our mission of presenting the Gospel of Christ.
Motion was seconded and carried by standing ovation.
Over the past thirty years, Jack has three periods of service as the Chancellor of the Diocese of Hawai`i totaling almost a quarter of a century and currently serves in that capacity.
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Robert F. Lange Foundation Presidental Election
At the recent annual meeting of the Robert F. Lange Foundation, the Directors re-elected John "Jack" Lockwood, an attorney with the law firm of Ashford & Wriston, as the Foundation's President.
The Lange Foundation, with assets in excess of $10,000,000.00, supports the arts and social welfare efforts in Hawaii principally through grants to the Honolulu Academy of Arts and Child and Family Service.
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Giving Back
"Michael Gibson, a partner at Ashford and Wriston and former Hawaii State Bar Association president, has chaired the Association's Committee on the Delivery of Legal Services to the Public for three years, serving under bar presidents Richard Turbin, Wayne Parsons, and Jeffrey Portnoy. Gibson has a long history of commitment to pro bono service. In the early 1980s, he was a moving force in creating Hawaii Lawyers Care, the former name of Volunteer Legal Services Hawaii (VLSH). Fortunately, Gibson is not alone in his commitment to pro bono work. ..." Jo Kim, Recognizing the Right Thing, Hawaii Bar Journal, Dec. 2006, at 9.
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The Foreclosure Commissioner
As A&W attorney Russell Ando explains in a recent article, the foreclosure commissioner functions as an arm of the court. Accordingly, he or she must be completely impartial. To find out more about the unique role of the foreclosure commissioner, click here.
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A&W Partner Kirk W. Caldwell Re-elected
A&W Partner Kirk W. Caldwell has been re-elected to the State of Hawaii House of Representatives. Rep. Caldwell is an integral part of the Democratic leadership in the House and will be serving as the Majority Leader for the next legislative session. Read more
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No Ambiguity
An A&W team consisting of Rosemary Fazio, Kevin Herring and Michael Vieira has obtained summary judgment and an award of attorneys' fees and costs for a venerable Waikiki landowner in a lawsuit initiated by one of the most prestigious clubs in Hawaii. Read more here
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Two More A&W Attorneys Selected for Inclusion in Best Lawyers in America®
Wayne Nasser and Jim Mee have been selected for inclusion in the 2007 edition of The Best Lawyers in America®, in the areas of Eminent Domain and Condemnation. This is the first year that Best Lawyers® has established a separate category for these areas of practice, and Ashford & Wriston is proud that two of its lawyers are part of the inaugural list of the best eminent domain and condemnation attorneys in the country.
Wayne and Jim have been involved in several recent high-profile eminent domain cases, including City and County of Honolulu v. Hsiung, 109 Hawai'i 159, 124 P.3d 434 (2005), Hsiung v. City and County of Honolulu, 378 F.Supp.2d 1258 (D. Haw. 2005), and City and County of Honolulu v. Sherman, 110 Hawai'i 39, 129 P.3d 542 (2006).
Wayne and Jim join five other A&W attorneys, A. James Wriston, Jr., Bruce Graham, Michael Gibson, Rosemary Fazio and Cuyler Shaw, who previously have been recognized by Best Lawyers.
Inclusion in Best Lawyers is based on an exhaustive and rigorous peer-review survey, including 1.8 million confidential evaluations by the top attorneys in the country as well as thousands of telephone interviews with leading attorneys. Best Lawyers is widely regarded—by both the profession and the public—as the definitive guide to legal excellence in the United States.
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Best of Class
A&W partner Rosemary Fazio has been selected as one of the best real estate lawyers in the United States by The Best of the U. S. LLC. Ms. Fazio is one of 14,268 lawyers chosen from the 760,369 actively practicing lawyers in the United States to be listed on www.bestofus.com.
The Best of the U. S. LLC is an independent firm that reviews the credentials of practitioners in fourteen professions to determine the "Best of Class" in each. Their selection process is based on identifying those professionals who have continued their education, provide leadership in their industry, and have been recognized by their peers, their industry and their community as the best. Over 68,000 doctors, lawyers, financial advisors, dentists, physical therapists, chiropractors, real estate agents and tax professionals are currently listed on www.bestofus.com.
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A&W's managing partner, Cuyler Shaw, recently obtained an important decision on behalf of a local credit union confirming that a "dragnet clause" in a security agreement is effective under Hawaii law. Read the decision here.
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A&W partner Bruce Graham was recently recognized by his alma mater, Damien Memorial School, with an award named in honor of Father Damien de Veuster.
The award is given periodically to individuals that have provided exceptional service to the general community. Click here to learn more about Damien Memorial School.
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A&W Partner Rosemary Fazio has been elected to another three year term on the Board of Hawaii Public Radio. Click here for more information about Hawaii Public Radio.
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Estate tax bad for for Hawaii?
In a commentary published in the Honolulu Star Bulletin, A&W partner James K. Mee argues that the estate tax is fundamentally unfair and damaging to Hawaii's businesses and its economy. One solution may be a compromise bill before Congress that would raise the amount of exemptions and lower the rate of taxation. To read the full commentary click here.
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Promoting Independence to Ensure Justice
The Hawaii Chapter of the American Judicature Society ("AJS") has appointed A&W partner Rosemary Fazio to sit on its Special Committee on Judicial Independence. Judicial independence is one of the key pillars of democracy and a primary area of focus for AJS. Find out more information about the American Judicature Society.
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Ms. President
A&W partner Lynne Jenkins McGivern is the 2006-2007 president of Hawaii Women Lawyers. Ms. McGivern practices Family Law and handles matters such as divorces, paternity actions, custody cases, and restraining orders. She is particularly respected for her work in cases involving domestic violence dynamics. Prior to joining A&W in 2001, Ms. McGivern was a Deputy Prosecuting Attorney for the City and County of Honolulu for ten years. From 1997 - 2000 she was the Branch Chief of the Felony Domestic Violence Unit. Currently, Ms. McGivern is the board president of the Domestic Violence Clearinghouse and Legal Hotline and is also on the board of Hawaii Women's Legal Foundation.
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Mr. President
A&W litigator Russell H. Ando is the current president of the University of Hawaii's Colleges of Arts and Sciences Alumni Association (CASAA). CASAA was established in 1993 and is a recognized chapter of the University of Hawai‘i Alumni Association. Its mission is “to serve as a valuable link between the Colleges of Arts and Sciences and the community in promoting awareness and appreciation of, and pride in, the lifetime value of a liberal arts education obtained at UH.” Mr. Ando earned his undergraduate degree from the University of Hawai`i at Manoa in 1977. He went on to law school at the University of Oregon, where he served as an Associate Editor for the Oregon Law Review. After law school, he clerked for the Honorable Edward H. Nakamura, an Associate Justice of the Supreme Court of Hawaii. Today, Mr. Ando focuses his practice on commercial litigation, foreclosures, landlord-tenant law, contractual disputes, and collections.
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One of the Best
Bruce Graham, the head of A&W's real property section, is listed as one of the top real estate attorneys in Hawaii in the 2006 Chambers USA rankings. Read More
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Judge Tosses Union Suit Over Sale of Hilo Hotel
A&W litigator Kevin Herring prevailed on a motion to dismiss a labor union's lawsuit against the new owner of the Naniloa Volcanoes Resort. Read More
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A&W Appellate Victory Protects Kamehameha Schools' Land From Wrongful Condemnation
Read the Opinion
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James K. Mee's October article for the Hawaii Credit Union League
Read the article 'The Shoreline Boundary'
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Five A&W Attorneys Among the "Best Lawyers in America"®
A. James Wriston, Jr., Bruce Graham, Michael Gibson, Rosemary Fazio and Cuyler Shaw continue to be selected by their peers to be included among the "Best Lawyers in America"® as well as being ranked among Hawaii’s Best Lawyers in Honolulu® Magazine. Mr. Wriston, Mr. Graham, Mr. Gibson and Ms. Fazio were recognized for their vast experience in real estate law. Mr. Shaw continues to be recognized for his expertise in health care law.
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Ashford & Wriston Giving Back to the Community
by Stefanie Loo Jefts, The Nature Conservancy Outreach Coordinator
Ashford & Wriston employees, their families and friends came out to Honouliuli Preserve on March 12 to assist TNC staff with weed removal around rare, endangered, and common native plants. They also helped to clear new areas for next year's planting season. The outing was almost cancelled due to weather but the group's enthusiasm, dedication, and sunny disposition prevailed. Everyone had a wonderful time and a lot was accomplished! A Big MAHALO for all your help to protect Hawai`i's precious resources. Ashford & Wriston has provided legal expertise in Hawai`i for 50 years. They have a diverse civil practice with emphasis in all aspects of real property law and civil litigation. Specific areas of practice include real estate, corporate and partnership matters, commercial litigation, bankruptcy, taxation, trusts and estate planning, environmental, land use, condemnation, health care, employment, family, commercial, technology, banking and finance law.
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