VIRTUAL BAR CONVENTION, 2020 ANNUAL MEETING & EXHIBITORS EXPO October 16, 2020 ◊ ZOOM Video Webinars HSBA.ORG/2020BARCON

Exhibitors Expo HSBA Annual Meeting & Awards CLE Credit Courses

HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING SEMINARS LOGIN 8:45 A.M. Musical talents courtesy of and Mahalo to: Bobby Hall of the Peter Moon Band, Glenn Medeiros, and Jason Mejia of ‘O Wai Lā. Played with permission. MORNING SEMINARS 9:00 A.M. - 12:00 P.M. Appellate Seminar, 3 CLE • Highlights of the U.S. Supreme Court Term • Appellate Q&A Panel

Environment, Energy, & Resources, Part 1, 3 CLE • Cimate Change Litigation: Municipal Claims Against Oil Companies for the Effects of Climate Change • The PFAS Contaminant Conundrum - What You Need to Know • Workplace Health & Safety in a Pandemic: Lessons Learned from Covid-19

eDiscovery and Computer Forensics, 3 CLE • Demonstrate forensic and eDiscovery systems used to collect, analyze and manage discovery • eDiscovery Discussion with Magistrate Judge Kenneth J. Mansfield & Judge Jeffrey P. Crabtree

Real Property and Financial Services, Part 1, 3 CLE • Regulatory Takings After Knick LOGIN 12:00 P.M. Musical talents courtesy of and Mahalo to: Bobby Hall of the Peter Moon Band, Glenn Medeiros, and Jason Mejia of ‘O Wai Lā. Played with permission. ANNUAL MEETING (BYO LUNCH) 12:15 P.M. - 1:15 P.M. 2020 Presidents Report Honoring Award Recipients and Retiring Judges Induction of 2021 SCD and YLD Presidents-elect Door Prizes LOGIN 1:15 P.M. Musical talents courtesy of and Mahalo to: Bobby Hall of the Peter Moon Band, Glenn Medeiros, and Jason Mejia of ‘O Wai Lā. Played with permission. AFTERNOON SEMINARS 1:30 P.M. - 4:30 P.M. Environment, Energy, & Resources, Part 2, 3 CLE (1 Ethics) • Indirect Discharges and Clean Water Act Permits - The Supreme Court’s New Functional Equivalent Standard • A Roadmap to Our State’s Electrification of Transportation Keynote Speaker: Judge Rupa Goswami, Superior Court of Los Angeles County • ODC and COVID-19: Two Acronyms that Lawyers Dread Hawaii Women Lawyers, 3 CLE Ethics Credits • From Theory to Practice:How Attorneys of All Genders are Becoming Allies for Women and Changing the Legal Profession

Real Property and Financial Services, Part 2, 3 CLE • Real Estate Litigation Update • Legislative Update

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 1 EXHIBITORS’ EXPO DIAMOND SPONSOR

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1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 5 APPELLATE SEMINAR

MORNING SESSION 9:00 A.M. - 12:00 P.M.

Moderators: Michelle Noelani Comeau & Deirdre Marie-Iha

• Highlights of the U.S. Supreme Court Term (1.5 CLE) Speakers: The Honorable Mark J. Bennett & The Honorable Steven H. Levinson (Ret.) Highlights of the October 2019 term of the U.S. Supreme Court, with a focus on the Title VII decision, Bostock v. Clayton County.

• Appellate Q&A Panel (1.5 CLE) Speakers: The Honorable Mark E. Recktenwald, The Honorable Lisa M. Ginoza, & Kimberly Guidry Sit down with Chief Justice Recktenwald, Chief Judge Ginoza, and the Solicitor General regarding best practices and other guidance on litigating appeals in Hawai`i courts.

THE HONORABLE MARK J. BENNETT Seminar: Highlights Of The U.S. Supreme Court Term Mark J. Bennett serves as a Circuit Judge on the United States Court of Appeals for the Ninth Circuit. Prior to his appointment in 2018, Judge Bennett was in private practice in Honolulu from 2011 to 2018 and from 1990 to 2002. Judge Bennett also served as Attorney General for the State of Hawaii from 2003 to 2010. He was previously an Assistant U.S. Attorney for the District of Hawaii and for the District of Columbia and began his career as a law clerk to Chief Judge Samuel P. King of the United States District Court for the District of Hawaii. As an attorney, Judge Bennett first-chaired more than 100 jury trials and argued more than 50 cases on appeal, including twice successfully before the United States Supreme Court (Lingle v. Chevron, 544 U.S. 528 (2005) and Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (2009)). Judge Bennett graduated from Union College and Cornell Law School.

THE HONORABLE LISA M. GINOZA Seminar: Appellate Q&A Panel Lisa M. Ginoza was sworn in as Chief Judge of the Intermediate Court of Appeals on April 24, 2018. Prior to being appointed to her current position, she was appointed as an Associate Judge of the Intermediate Court of Appeals on May 6, 2010. A graduate of the William S. Richardson School of Law, Chief Judge Ginoza served as a law clerk to the Honorable Samuel P. King, Senior Judge, U.S. District Court for the District of Hawaii. She then entered private practice with the law firm of McCorriston Miller Mukai MacKinnon, where she became a partner and over the course of fourteen years had an extensive civil litigation practice. In January 2005, Chief Judge Ginoza was appointed to serve as First Deputy Attorney General for the State of Hawaii. She has served in this position until her appointment to the Intermediate Court of Appeals in 2010. Chief Judge Ginoza is a Kailua High School graduate and received her undergraduate degree from Oregon State University, with highest distinction. She has served as an Adjunct Professor in Appellate Advocacy at the William S. Richardson School of Law.

KIMBERLY GUIDRY Seminar: Appellate Q&A Panel Kimberly Guidry is the Solicitor General for the State of Hawai‘i, and a 17-year veteran of the Department of the Attorney General. The Solicitor General has oversight authority over most state and federal appeals in the Attorney General’s office, including briefs filed on behalf of the State of Hawai‘i in the United States Supreme Court. Guidry is a graduate of Kalani High School, and attended the University of Hawai‘i at Manoa, where she earned a B.A. in history with highest honors and was inducted into the Phi Beta Kappa national honor society. She earned her law degree from the University of Hawai‘i William S. Richardson School of Law, where she served as an editor of the Asian Pacific Law and Policy Journal. She is a member of the Hawai‘i Supreme Court’s Standing Committee on the Hawai‘i Rules of Appellate Procedure and is presently serving a second three-year term as a member of the Board of Bar Examiners of the Hawai‘i Supreme Court.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 6 APPELLATE SEMINAR

THE HONORABLE STEVEN H. LEVINSON (RET.) Seminar: Highlights Of The U.S. Supreme Court Term Steven H. Levinson served as an Associate Justice of the Hawai`i Supreme Court for 17 years until his retirement in 2008. His 48 years of legal experience also include a clerkship with the Hawai`i Supreme Court, 17 years in private practice, and a year on the bench as a First Circuit Court Judge. During his tenure on the Court, he authored 271 published opinions, including Baehr v. Lewin (1993), the first appellate decision in American history to hold that a state’s marriage laws were presumptively unconstitutional for discriminatorily prohibiting same sex couples from marrying. He also authored opinions addressing the lawful limits of governmental intrusion into the private affairs of individuals, the legitimacy of police interrogations and searches and seizures, and other related subjects. Justice Levinson has served on numerous boards and commissions throughout his career, and currently sits on the board of directors of The Actors’ Group (TAG), a local community theatre company, as well as the Honolulu Police Commission. Justice Levinson is originally from Cincinnati, Ohio. He attended Stanford University and the University of Michigan Law School.

THE HONORABLE MARK E. RECKTENWALD Seminar: Appellate Q&A Panel 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, Chief Justice Recktenwald served as the director of the Department of Commerce and Consumer Affairs, as an Assistant United States Attorney for the District of Hawai`i, and as an attorney in private practice. He received his undergraduate degree from Harvard University and his law degree from the University of Chicago.

MODERATOR: DEIRDRE MARIE-IHA Seminar: Highlights Of The U.S. Supreme Court Term Deirdre Marie-Iha is an appellate specialist with Goodsill Anderson Quinn & Stifel. Her appellate experience spans 15 years in both federal and state court. She has argued numerous times before the Court of Appeals for the Ninth Circuit, the state Intermediate Court of Appeals, and the Hawai‘i Supreme Court. Among those were her successful defenses of Hawaii’s Marriage Equality Act, campaign finance laws, and the open primary election. Prior to joining Goodsill, Deirdre practiced for more than a dozen years as a deputy attorney general at the Hawai‘i Department of the Attorney General. While there she worked on high-stakes and complex matters, including the furloughs during the financial crisis; the enactment and subsequent defense of the Marriage Equality Act in 2013-2015; and the Maui Hospital transfer. She was also instrumental in the State’s challenge to the travel ban, Hawaii v. Trump. In 2003-2004, Deirdre clerked for the Honorable Corinne K. A. Watanabe, Associate Judge of the Hawaiʻi Intermediate Court of Appeals (now retired).

MODERATOR: MICHELLE NOELANI COMEAU Seminar: Appellate Q&A Panel Michelle Comeau’s practice encompasses a diverse range of commercial litigation, with an emphasis on contract litigation, torts, class actions, and appellate law. Comeau has represented individuals, non-profits, and corporate clients in actions involving claims of breach of contract, disputed title, negligence, fraud, and business torts. She received her J.D. from the UCLA School of Law, where she was a Senior Editor of the UCLA Law Review and was elected to the Order of the Coif. After law school, Comeau served as a law clerk to the Honorable A. Wallace Tashima of the United States Court of Appeals for the Ninth Circuit and the Honorable Susan Oki Mollway of the United States District Court for the District of Hawaii. She holds a B.A. in Economics from Dartmouth College.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 7 ENVIRONMENT, ENERGY, & RESOURCES, PART 1

MORNING SESSION 9:00 A.M. - 12:00 P.M.

Moderators: Brenda H. Gotanda, David A. Morris & Joanna C. Zeigler

• Cimate Change Litigation: Municipal Claims Against Oil Companies for the Effects of Climate Change (1 CLE) Speakers: Maxine A. Burkett, Phil Goldberg, & Daniel Metzger This panel will examine the growing trend of lawsuits filed by cities and municipalities around the country against oil companies for the effects of climate change, including the case filed by Honolulu. Topics include the types of claims being made, the defenses asserted, and the question over which courts have jurisdiction. Join us to learn more about the cases and the arguments being advanced in this developing area of the law. • The PFAS Contaminant Conundrum - What You Need to Know (1 CLE) Speakers: Rula A. Deeb & Nicole R. Moshang Per- and polyfluoroalkyl substances (PFAS), a family of chemicals with unique water, heat and grease repellant properties, are used in a diverse array of products such as non-stick cookware, food packaging, stain repellants, and fire-fighting foam. However, there are growing concerns related to PFAS persistence in the environment and potential adverse health effects. Join us to learn about the legal issues and technical aspects of these emerging contaminants. Topics include EPA’s PFAS Action Plan, federal and state regulatory trends, remediation, risk management and litigation. • Workplace Health & Safety in a Pandemic: Lessons Learned from Covid-19 (1 CLE) Speakers: Jan Boivin, Robin Kobayashi, & Sunshine Topping Covid-19 has challenged businesses in every sector to reexamine their health and safety practices and to reshape workplace protection for the pandemic. Creating and implementing programs that meet current legal standards and can evolve with rapidly-changing orders and guidelines requires careful planning, innovation, and adaptability. Local leaders from Hawai’i Pacific University, Hawaiian Airlines, and Hawai’i Pacific Health will share insights, experience, and practical tips on creating a safe and resilient workplace in unprecedented times.

JAN BOIVIN Seminar: Workplace Health & Safety In A Pandemic: Lessons Learned From Covid-19 Jan Boivin is the Senior Vice President, General Counsel, & Board Secretary at Hawai‘i Pacific University, where she oversees legal affairs, board governance, human resources, and faculty relations. During the early stages of the pandemic, she managed the university’s emergency response and remediation efforts. Jan received a juris doctorate from the Georgetown University Law Center and a bachelor’s degree from Willamette University. She is the President of the Hawai‘i State Bar Foundation, a Board member of the American Judicature Society, and the State Ombudsman Director for the Employer Support of the Guard and Reserve, Department of Defense.

MAXINE BURKETT Seminar: Climate Change Litigation: Municipal Claims Against Oil Companies For The Effects Of Climate Change Maxine Burkett is a Professor of Law at the William S. Richardson School of Law, University of Hawai‘i and a Global Fellow at the Woodrow Wilson International Center for Scholars. She is also a Co-Founder and Senior Advisor to the non-profit Institute for Climate and Peace. Burkett is an expert in the law and policy of climate change, with a specific focus on climate justice, climate-induced migration, and climate change, peace, and conflict. Her work has been cited in numerous news and policy outlets, including BBC Radio, the New York Times, the Washington Post, and Nature Climate Change. From 2009-2012, Burkett also served as the inaugural director of the Center for Island Climate Adaptation and Policy. Prof. Burkett received her B.A. from Williams College and Exeter College, Oxford University, and received her J.D. from the University of California, Berkeley. She serves on the boards of Blue Planet Foundation, The Climate Museum, ELAW, and Global Greengrants Fund, was a member of the Federal Advisory Committee for the Sustained National Climate Assessment and is a member of the Independent Advisory Committee on Applied Climate Assessment. Professor Burkett is also a member scholar of the Center for Progressive Reform, the Lancet Commission for Reparations and Redistributive Justice, and the American Law Institute.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 8 ENVIRONMENT, ENERGY, & RESOURCES, PART 1

RULA DEEB Seminar: The PFAS Contaminant Conundrum - What You Need To Know Rula Deeb is a Senior Principal based in California with more than 25 years of experience focused on private practice and academia addressing the cross-media fate and transport of contaminants and the remediation of complex soil and groundwater sites impacted by non-aqueous phase liquids. Her work has promoted awareness and improved the understanding of the sources, occurrence, fate and transport, and behavior of several challenging environmental contaminants, including per- and polyfluoroalkyl substances (PFAS), 1,4-dioxane, methyl tertiary-butyl ether (MTBE), perchlorate, N- Nitrosodimethylamine (NDMA), endocrine disrupting chemicals (EDCs), and pharmaceuticals and personal care products (PPCPs). Focusing on emerging contaminants, Rula has led strategic planning, business development, and project execution for a variety of industrial, municipal, and federal clients. She is an internationally recognized PFAS expert and is well regarded within the environmental community for her leadership in technical innovation through applied research and project delivery, technology transfer and outreach programs, and professional activities. She is the co-chair of two national conferences, the Remediation Technology Summit and the Emerging Contaminants Summit. She recently served as a member of the planning committee for a 2019 National Academies of Sciences, Engineering, and Medicine workshop entitled “Identifying Opportunities to Understand, Control, and Prevent Exposure to PFAS.” Following teaching assignments at Berkeley and Stanford, Rula was selected as a National Science Foundation Engineering Education Scholar for Excellence in Engineering Education. She is heavily engaged in the National Academy of Engineering’s Frontiers of Engineering program, which brings together emerging engineering leaders from industry, academia, and government to discuss pioneering technical work and leading-edge research in various engineering fields and industry sectors. She recently served as a member of U.S. Environmental Protection Agency’s Science Advisory Board Environmental Engineering Committee (2016 – 2019).

PHIL GOLDBERG Seminar: Climate Change Litigation: Municipal Claims Against Oil Companies For The Effects Of Climate Change Phil Goldberg is the office managing partner of Shook in Washington, D.C. and co-chair of its Public Policy Practice Group. With more than 25 years of experience on high stakes and high-profile liability-related public policy, public affairs and public relations issues, he has become a leading voice for common sense liability policies. His practice involves counseling businesses and their trade associations on some of the most cutting edge liability issues of the day. Since joining Shook in 2003, Phil has filed amicus briefs for many of the most influential trade and civil justice groups with courts at every level, from the U.S. Supreme Court to the U.S. Courts of Appeals and state appellate courts. He has testified before Congress and state legislatures, authored leading legal scholarship and spoken at judicial and attorney conferences. He also has become a resource for reporters who write on liability issues. In 2015, Phil worked with the Progressive Policy Institute to establish its Center for Civil Justice, which provides a center-left voice on important civil justice issues. In 2019, he was named special counsel to a project of the National Association of Manufacturers to educate the public policy and legal community on why litigation against energy manufacturers over climate change is misguided. In 2020, the International Association of Defense Counsel tapped him as chair of the group’s Amicus Committee. He also has been a member of the American Law Institute since 2012, providing input on several Restatement projects.

MODERATOR: BRENDA H. GOTANDA Seminars: Workplace Health & Safety In A Pandemic: Lessons Learned From Covid-19 The PFAS Contaminant Conundrum - What You Need To Know Brenda H. Gotanda is a partner with the environmental and energy law firm of Manko, Gold, Katcher & Fox LLP and lead’s the firm’s sustainability practice group. Brenda has over 25 years of experience representing and counseling business clients on environmental matters, including regulatory compliance, permitting, transactions, project development, and enforcement. Her practice addresses a broad range of issues involving the regulation of water, waste, air, and chemical substances; business and real estate transactions; wastewater discharge and stormwater permitting, TMDL development, sustainability; site remediation and development; occupational safety and health; and spill prevention and emergency response. Brenda currently serves as Co-Chair of the Environmental, Energy and Resources Section of the Hawaii State Bar Association and serves on the Board of Directors of ThinkTech Hawaii.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 9 ENVIRONMENT, ENERGY, & RESOURCES, PART 1

ROBIN KOBAYASHI Seminar: Workplace Health & Safety In A Pandemic: Lessons Learned From Covid-19 Robin Kobayashi was appointed as Hawaiian Airlines’ senior vice president of human resources in August 2019. Kobayashi leads Hawaiian’s employment strategy, recruitment efforts, and the administration of benefits, recognition programs, talent management and labor relations for the airline’s workforce. Kobayashi, who brings two decades of legal experience to her new post, previously served as Hawaiian’s managing director and associate general counsel of labor and employment. Throughout her tenure, she successfully oversaw the company’s labor and employment efforts related to the Office of Federal Compliance Programs, equal employment opportunity, and privacy. Kobayashi has also served as the executive director of the Hawaii Immigrant Justice Center and was a staff attorney on the National Labor Relations Board in Washington D.C. Born and raised on O‘ahu, Kobayashi earned a Juris Doctor from the University of Washington and a bachelor’s degree in English literature from the University of Hawai‘i.

MODERATOR: DAVID MORRIS Seminar: Climate Change Litigation: Municipal Claims Against Oil Companies For The Effects Of Climate Change Daniel Metzger is a Climate Law Fellow at the Sabin Center for Climate Change Law at Columbia University. His work focuses on, among other areas, domestic and international climate change litigation, climate risks and opportunities in the insurance industry, and the law and science of climate change attribution. Before joining the Sabin Center, Daniel practiced with Selendy & Gay in New York, representing clients on a broad range of matters that included precedent-setting work on behalf of renewable energy companies. Daniel clerked for the Honorable Steven M. Gold of the U.S. District Court for the Eastern District of New York, and earned his J.D. at Vanderbilt Law School. Before law school Daniel was a consultant with an agricultural firm advising clients on a wide range of matters including regulatory compliance and nutrient management, and completed a masters degree in natural resource management at Iceland’s University Centre of the Westfjords.

NICOLE R. MOSHANG Seminar: The PFAS Contaminant Conundrum - What You Need To Know Nicole Moshang is a litigation partner at Manko, Gold, Katcher and Fox, LLP where she represents clients in the pursuit of and in defense of a variety of both statutory and common law environmental claims for cost recovery, contribution, natural resource damages, and toxic torts. Nicole also represents clients in enforcement and penalty actions under various state and federal statutes. Nicole’s clients have ranged from Fortune 500 corporations in an array of business sectors to closely held businesses, sole proprietorships, municipalities, and school districts in a variety of complex environmental matters. Nicole serves as the firm’s Hiring Partner and is an active member of several organizations including the Villanova Law School Inn of Court and has been an active longstanding member and former Co-Chair of the Society of Women Environmental Professionals of Greater Philadelphia.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 10 ENVIRONMENT, ENERGY, & RESOURCES, PART 1

SUNSHINE TOPPING Seminar: Workplace Health & Safety In A Pandemic: Lessons Learned From Covid-19 Sunshine Topping is the Sr. Vice President of Human Resources at Hawai‘i Pacific Health. A seasoned Human Resources Executive with over 20 years of progressive strategic HR leadership Sunshine has worked in many industries in some of Hawai‘i’s largest companies. Throughout her career, Sunshine has worked on a variety of corporate projects including co-leading enterprises through rapid growth, mergers, and acquisitions. Over the years Sunshine has led Human Resource Functions at Hawaiian Telcom, Hawaiian Airlines, and served in Governor Neil Abercrombie’s cabinet as the States Director of Human Resources. Sunshine is appointed to the States Workforce Development Board, is the Chair of the Sector Strategies and Career Pathways Committee for the WDC, and also sits on the non-profit boards for Ho’okua’aina and the Native Hawaiian Legal Corporation. Sunshine is particularly passionate about finding and growing opportunities for locals to be able to stay in Hawai‘i with competitive wages and fulfilling careers. Raised in Keaukaha on Hawai‘i Island, Sunshine is married to Miles Topping, and has 3 children.

MODERATOR: JOANNA C. ZEIGLER Seminar: Climate Change Litigation: Municipal Claims Against Oil Companies For The Effects Of Climate Change Joanna Zeigler is an Associate with Damon Key Leong Kupchak Hastert in the firm’s Trial & Appellate Litigation, Arbitration & Mediation practice groups. She serves as the Vice-Chair on the board of the Hawaii State Bar Association’s Environment, Energy, and Resources Section. Prior to joining the firm, Joanna was the law clerk to The Honorable Lisa M. Ginoza of the Hawaii State Intermediate Court of Appeals. Joanna graduated from the University of Hawaii, William S. Richardson School of Law and earned a Certificate in Environmental Law.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 11 EDISCOVERY AND COMPUTER FORENSICS

MORNING SESSION 9:00 A.M. - 12:00 P.M.

Moderators: Mark P. Seo & Stephanie E.W. Thompson

• eDiscovery and Computer Forensics (3 CLE) Speakers: The Honorable Jeffrey P. Crabtree, The Honorable Kenneth J. Mansfield, Michael McMurdo, Mark P. Seo & Stephanie E. W. Thompson The Honorable Jeffrey P. Crabtree, The Honorable Kenneth J. Mansfield, Michael McMurdo, Mark P. Seo & Stephanie E. W. Thompson; In January 2020, the United States District Court, District of Hawaii distributed e-Discovery Guidelines and Rule 26(f) Checklists to Hawaii Attorneys. In this presentation, we hope to further attorneys’ knowledge on eDiscovery, from forensic collections thru trial: avoid claims of spoliation by assisting their client identify, preserve and collect the types of discoverable information (ie: email, cell phone data, social media), develop a defensible process in the collection, review and production of ESI. Our speakers will demonstrate forensic and eDiscovery systems used to collect, analyze and manage discovery. Concluding our program will be a 1 hour discussion on eDiscovery with respected Jurists, Magistrate Judge Kenneth J. Mansfield & Judge Jeffrey P. Crabtree who will be Interviewed by Stephanie E.W. Thompson, Esq.

THE HONORABLE JEFFREY P. CRABTREE Seminar: eDiscovery And Computer Forensics Judge Crabtree became a judge in 2014 after a thirty-year career in civil litigation. He is currently assigned to Civil Trials, presiding over a general civil calendar. He is also designated as the Senior Judge for the Environmental Court for the First Circuit. Judge Crabtree attended Williams College and the University of San Francisco (1976), and received his J.D. from New York University School of Law (1979). Recent community service includes judging the High School Mock Trial Competition, helping with the Professionalism Course required for all new bar members, co-chair of the Civil Justice Committee of the American Judicature Society, and serving as a judicial advisor to the NYU Civil Jury Project. He has published articles in the area of life- sustaining medical treatment, jury instructions in civil cases, effective prevention of legal malpractice claims, and is currently working on a Trial Manual for Circuit Court civil jury trials.

THE HONORABLE KENNETH J. MANSFIELD Seminar: eDiscovery And Computer Forensics Magistrate Judge Kenneth J. Mansfield was born in Staten Island, N.Y. and raised along the New Jersey shore before relocating to Hawaii. Judge Mansfield attended Middlebury College, where he graduated cum laude with a double-major in Economics and Marine Science. Judge Mansfield graduated from the University of Pennsylvania Law School, where he was a member of the school’s Environmental Moot Court Team. After law school, he worked in his home state of New Jersey at the law firm of Greenbaum, Rowe Smith, Ravin, Davis & Himmel LLP as a commercial litigation associate. Judge Mansfield spent approximately one year in New Jersey before moving to Honolulu in August, 1998 to accept an associate position with McCorriston Miller Mukai MacKinnon LLP. He became a partner with the firm in 2003 and practiced in the firm’s litigation, health care, government contracts, insurance, employment and government relations groups. In April 2016, he was selected as a Magistrate Judge for the U.S. District Court, District of Hawaii, upon the retirement of U.S. Magistrate Judge Barry M. Kurren.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 12 EDISCOVERY AND COMPUTER FORENSICS

MICHAEL MCMURDO Seminar: eDiscovery And Computer Forensics Michael McMurdo is president of Cetra Technology which specializes in providing small and medium- sized businesses with affordable top-level IT solutions. Mike has 23 years of experience in operations and information technology, and has been president and CIO with a number of companies prior to establishing Cetra Technology. He has a degree in Mathematics with post-graduate work in Physics from U.H. Manoa.

MARK SEO Seminar: eDiscovery And Computer Forensics Mark Seo is the founder of the HON Discovery Group, a Honolulu-based Forensics, eDiscovery and Trial Technologies firm that helps law firms, government and corporations effectively manage discovery. ,Mr. Seo is a graduate of UC Berkeley and holds multiple eDiscovery and Computer Forensic Certifications. Mark is a frequent speaker on national eDiscovery issues, presenting at many of the premier technology conferences, including (International Legal Technology Conference), Sedona Conference, NY Legal Technology Conference, ABA Annual Conference (s), Hastings School of Law, Boalt Law School and here in Hawaii, the Hawaii State Bar, William S Richardson School of Law and the Hawaii Judicial Conference.

STEPHANIE E.W. THOMPSON Seminar: eDiscovery And Computer Forensics Stephanie E. W. Thompson is a Director of the firm. Ms. Thompson concentrates her practice in the areas of commercial and real estate civil litigation. Ms. Thompson has assisted in the representation of various clients from multi-million-dollar corporations to small businesses and individual interests in legal matters ranging from wrongful termination and unfair competition, to negligence, commercial litigation, general business and trust disputes. Ms. Thompson has also participated in other legal matters involving construction and environmental issues, trust and estates, fraudulent transfers of land, and wrongful death claims. Ms. Thompson has been named to the Best Lawyers in America© list in the practice area of Real Estate Litigation each year since 2019. She holds an AV Preeminent® rating from Martindale-Hubbell® for both her skill and integrity. Ms. Thompson was selected for inclusion to the 2014 and 2015 Hawaii Super Lawyers®, “Rising Star” list(s). She was the 2015 Litigation Section Chair for the Hawaii State Bar Association, and a member of the board from 2011 through 2016. Since 2014, she has co-chaired the Hawaii State Bar’s Litigation Academy, a two-day intensive course regarding litigation practice. In addition to her litigation practice, Ms. Thompson has developed and presents workshops relating to eDiscovery for small businesses as well as ethical considerations relating to eDiscovery practice for attorneys. She has been a guest speaker at various civic organizations and has presented on the topic for bar organizations not only across the State of Hawaii, but also the nation. She has been a guest speaker on various radio programs including Hawaii Public Radio’s The Conversation and Think Tank Hawaii’s Life in Law series. For the last 3 years she has taught the course on eDiscovery at the William S. Richardson School of Law, University of Hawaii.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 13 REAL PROPERTY AND FINANCIAL SERVICES, PART 1

MORNING SESSION 9:00 A.M. - 12:00 P.M.

Moderator: David L. Callies

• Regulatory Takings After Knick (3 CLE) Speakers: Calvert G. Chipchase, David D. Day, Brad T. Saito, Jesse K. Souki, Robert H. Thomas, & Bruce D. Voss This session will explain the relevance of the Knick case to regulatory takings of property. In Knick, the USSCT removed the state- action (usually seeking state compensation for the alleged taking) prong of the Court’s ripeness barrier to bringing regulatory takings challenges in federal court. Two panels of attorneys familiar with the subject of regulatory takings will also summarize the critical factors in deciding total regulatory takings and partial regulatory takings cases, from both the landowner and the government perspective, using examples from Hawaii and other jurisdictions.

MODERATOR: DAVID L. CALLIES Seminar: Regulatory Takings After Knick David Callies, is the Kudo Professor of Law, William S. Richardson Law School, University of Hawai`i and an elected member of the College of Fellows, American Institute of Certified Planners; American College of Real Estate Lawyers; and the American Law Institute. He holds the following degrees and honors: A.B., Depauw University; J.D., University of Michigan; LL.M., Nottingham University; Life Member, Clare Hall, Cambridge. He is past chair of: Academics Forum, International Bar Association; Section of State and Local Gov. Law, American Bar Association; Section of State and Local Government Law, American Association of Law Schools; and Section of Real Property and Financial Services, Hawaii State Bar Association. He is national co-editor (with JB Ruhl), of the Land Use and Environmental Law Review. The author of more than 90 articles, and 20 books, his casebooks on property (Carolina Press) and land use (Thomson/West) are in their 5th and 7th editions, respectively. The second edition of his Hawaii land use book, Regulating Paradise: Land Use Controls in Hawaii, was published in 2010 by the University of Hawaii Press. He was awarded a University of Hawaii Regents Medal for Excellence in Teaching in 2009, and the national Brigham-Kanner Prize for his contributions to the field of real property law in 2017.

CALVERT G. CHIPCHASE Seminar: Regulatory Takings After Knick A second generation Hawai‘i lawyer, Cal Chipchase earned his law degree from the University of Hawai‘i, William S. Richardson School of Law. Before joining Cades Schutte, Cal clerked for the Honorable Richard R. Clifton, United States Court of Appeals for the Ninth Circuit, and the Honorable Alan C. Kay, United States District Court for the District of Hawai‘i. As an adjunct professor and guest lecturer, Cal has taught real property, land use and legal writing courses at the Richardson School of Law for more than 15 years. Cal also regularly moderates and participates on panels at seminars and continuing education courses for landowners, planners, realtors and lawyers. A significant portion of Cal’s legal practice, authorship and teaching responsibilities involve land and the use of land.

BRAD T. SAITO Seminar: Regulatory Takings After Knick Brad T. Saito is a Deputy Corporation Counsel for the City and County of Honolulu and a member of the Corporation Counsel’s Real Estate and Land Use Section. Mr. Saito specializes in areas of land use, environmental law, administrative law, and code enforcement. He advises the City Department of Planning and Permitting and has represented City and County of Honolulu in numerous civil and administrative proceedings involving development rights, discretionary permits, environmental compliance, and zoning enforcement. Mr. Saito is a graduate of the University of Hawai‘i William S. Richardson School of Law and an active member of the International Municipal Lawyers Association.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 14 REAL PROPERTY AND FINANCIAL SERVICES, PART 1

JESSE SOUKI Seminar: Regulatory Takings After Knick Mr. Souki provides strategic legal and policy advice to public and private land use project proponents. Projects he has contributed to include highways and rail transit, landfill siting, telecommunications antenna/tower siting, commercial–residential mixed use, resort development, industrial parks, renewable energy, public facilities, beach nourishment, coastal development, parks and trails, and other land use related projects throughout Hawaii. He has served in prominent leadership positions in local and state government, including director of the State Office of Planning, first deputy of the Department of Land and Natural Resources, planning director for the Honolulu Rail Transit Project, and executive director of the Hawaii Community Development Authority. Early in his career, Mr. Souki worked in the Hawaii state legislature and for a U.S. Senator in Washington, D.C.

ROBERT THOMAS Seminar: Regulatory Takings After Knick Robert H. Thomas is a Director with Damon Key Leong Kupchak Hastert, where he practices land use and appellate law, focusing on regulatory takings, eminent domain, water rights, and voting rights cases. He has tried cases and appeals in Hawaii, California, and the federal courts. He is also the Joseph T. Waldo Visiting Chair in Property Rights Law at the William and Mary Law School in Virginia. He is the past Chair of the American Bar Association’s Section of State & Local Government Law, and for many years was the Chair of that Section’s Eminent Domain Law Committee. He is the Hawaii member of Owners’ Counsel of America, a national network of eminent domain and property rights lawyers. Membership in OCA is limited to a single attorney from each state. He is listed in The Best Lawyers in America for Eminent Domain and Condemnation Law, and Land Use & Zoning Law, and in Super Lawyers for Appellate Law, Land Use/Zoning, and Government/ Cities/Municipalities. Reach him at his blog on takings and land use law, www.inversecondemnation.com

BRUCE D. VOSS Seminar: Regulatory Takings After Knick Bruce Voss is an experienced and tenacious business litigation attorney, whose approach has helped clients achieve good results in difficult situations. With his background as a former Hawaii business news reporter who once covered many of the issues he now litigates, Mr. Voss is a strong communicator and relentless advocate for his client’s position.

Mr. Voss’ practice emphasizes real estate and land use litigation, complex business disputes, and employment law and litigation. He also has successfully handled major construction litigation, environmental contamination matters, land use entitlement compliance at some of Hawaii’s biggest development projects, large liability wrongful death cases, and media law/defamation claims. Bruce Voss is an experienced and tenacious business litigation attorney, whose approach has helped clients achieve good results in difficult situations. With his background as a former Hawaii business news reporter who once covered many of the issues he now litigates, Mr. Voss is a strong communicator and relentless advocate for his client’s position. Mr. Voss’ practice emphasizes real estate and land use litigation, complex business disputes, and employment law and litigation. He also has successfully handled major construction litigation, environmental contamination matters, land use entitlement compliance at some of Hawaii’s biggest development projects, large liability wrongful death cases, and media law/defamation claims.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 15 ENVIRONMENT, ENERGY, & RESOURCES, PART 2

AFTERNOON SESSION 1:30 P.M. - 4:30 P.M.

Moderators: David A. Morris & Joanna C. Zeigler

• Indirect Discharges and Clean Water Act Permits - The Supreme Court’s New Functional Equivalent Standard (1 CLE) Speakers: Lance D. Collins & Brenda H. Gotanda The U.S. Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund resolved a circuit court split regarding the reach of the Clean Water Act’s NPDES permitting requirement with respect to the discharge of pollutants into groundwater that is conveyed to navigable waters and established a new “functional equivalent” of a direct discharge standard for determining when a permit is required. Join us for a discussion that analyzes key aspects of the Court’s decision, the case, the new standard, post-appeal procedures and that explores potential implications for current and future permitting, enforcement and litigation matters. • A Roadmap to Our State’s Electrification of Transportation (1 CLE) Speakers: Michael Colon, Scott Glenn & Melissa Miyashiro Electric vehicles are a key to reducing fossil fuel consumption in Hawaii and Electrification of transportation is an important piece to solving the puzzle of our State reaching its renewable energy goals of 100 percent clean energy by 2045. As electric vehicles are becoming more popular and accessible, this panel will discuss what the State of Hawaii and Hawaiian Electric are doing to integrate electrification of transportation and how the electric grid will support the transformation.

• ODC and COVID-19: Two Acronyms that Lawyers Dread (1 Ethics CLE) Speakers: Chloe M.R. Fasi, Ryan S. Little & Alana B. Rask COVID-19 got you down? We’ve got just the thing to cheer you up: the ODC! During this presentation, attorneys from the Office of Disciplinary Counsel will discuss how COVID-19 has changed the landscape of ethics enforcement, what ODC is doing to adapt, and some general COVID-19 “lessons learned” that we’d like to share with the Bar.

LANCE D. COLLIN Seminar: Indirect Discharges And Clean Water Act Permits - The Supreme Court’s New Functional Equivalent Standard Lance D. Collins is an attorney in private practice on the island of Maui. He practices in the areas of good government, Hawaiian rights and environmental protection. He is co-editor of the books Tourism Impacts West Maui and Social Change in West Maui. He also has represented the West Maui Preservation Association, one of the plaintiffs in Hawai’i Wildlife Fund case, in a number of state court cases.

MICHAEL COLON Seminar: A Roadmap To Our State’s Electification Of Transportation Michael Colón is the Manager of Electrification of Transportation for the Hawaiian Electric Companies, based in Honolulu, Hawaiˈi. The Hawaiian Electric Companies collectively serve the energy needs of 95% of the population in the state of Hawaiˈi and are at the forefront of achieving the State’s policy goal of 100% clean energy by 2045. Part of this transition includes the utility leading initiatives to support the electrification of transportation which has provided electric vehicle rates and DC fast charging service across its service territory, since 2014. Since joining the Companies in 2012, Michael has participated in several roles including successfully negotiating several utility-scale renewable energy contracts as well as the establishment of an on-bill financing mechanism for Hawaiian Electric Companies’ customers through the Hawaiˈi Green Infrastructure Authority’s Green Energy Market Securitization (GEMS) Financing Program. The GEMS program provides low-cost capital to finance solar photovoltaic systems and other clean energy improvements for those who may otherwise have difficulty obtaining financing for these projects. Michael was instrumental in developing Hawaiian Electric’s Electrification of Transportation Strategic Roadmap and the subsequent critical backbone study, which established a planning methodology for evaluating future EV charging needs and optimizing locations for infrastructure development. Michael draws upon experience in law, regulation, and business development and has helped shape energy and electric vehicle policy in the state. Before Hawaiian Electric, Michael served as Commission Counsel for the Hawaiˈi Public Utilities Commission. Michael holds a bachelor’s degree from the University of Colorado, and a J.D. and M.B.A. from the University of Hawaiˈi.

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CHLOE M.R. FASI Seminar: Two Acronyms That Lawyers Dread Chloe M.R. Fasi is the Deputy Chief Disciplinary Counsel for the Office of Disciplinary Counsel. Chloe was born and raised in Honolulu, and graduated from the William S. Richardson School of Law. After graduating from law school, Chloe served as law clerk to the Honorable Dexter D. Del Rosario (retired), and subsequently served as a Deputy Prosecuting Attorney for the City and County of Honolulu in the Traffic, Domestic Violence Misdemeanors, and Felony Trials Divisions.

SCOTT GLENN Seminar: A Roadmap To Our State’s Electification Of Transportation Scott Glenn serves as the Chief Energy Officer for the State of Hawaii, leading the Hawaii State Energy Office (HSEO) in its mission to promote energy efficiency, renewable energy, and clean transportation to help achieve a resilient, clean energy, decarbonized economy. Scott specializes in innovative, consensus oriented problem solving for difficult challenges. He is especially focused on climate change, energy, environment, and sustainability that improves decision making and enhances public engagement. Gov. David Ige designated Scott to be the co-chair of the Sustainable Hawaii Initiative and liaison to the U.S. Climate Alliance, a bipartisan coalition of state governors working to achieve the goals of the Paris Agreement. In these roles Scott works with state, county, and federal agencies, as well as communities across the state, and stakeholders nationally and internationally to coordinate state policy development on energy, climate change, and key sustainability initiatives. Prior to joining the HSEO, Scott served as the Director of the Office of Environmental Quality Control, where he led the modernization of the state environmental review process. Scott also worked in the private sector as a professional environmental planning consultant on environmental and energy projects and volunteered on numerous boards. Scott received his master’s degree in urban and regional planning from the University of Hawaii in 2009 and his bachelor’s degree in philosophy and archaeology from the University of Evansville (IN) in 2000.

BRENDA H. GOTANDA Seminar: Indirect Discharges And Clean Water Act Permits - The Supreme Court’s New Functional Equivalent Standard Brenda H. Gotanda is a partner with the environmental and energy law firm of Manko, Gold, Katcher & Fox LLP and lead’s the firm’s sustainability practice group. Brenda has over 25 years of experience representing and counseling business clients on environmental matters, including regulatory compliance, permitting, transactions, project development, and enforcement. Her practice addresses a broad range of issues involving the regulation of water, waste, air, and chemical substances; business and real estate transactions; wastewater discharge and stormwater permitting, TMDL development, sustainability; site remediation and development; occupational safety and health; and spill prevention and emergency response. Brenda currently serves as Co-Chair of the Environmental, Energy and Resources Section of the Hawaii State Bar Association and serves on the Board of Directors of ThinkTech Hawaii.

RYAN S. LITTLE Seminar: Two Acronyms That Lawyers Dread Ryan S. Little has served as an Assistant Disciplinary Counsel at the Office of Disciplinary Counsel since 2018. During that time, Ryan has handled all sorts of disciplinary matters and has also presented a number of CLEs on a range of topics, including: client trust accounting, legal tech, and ODC’s role in the legal community. In addition to his legal skills, Ryan lends his voice-over talents to ODC, as his is the voice callers hear on the automated telephone menu when they call ODC’s offices. Ryan is a proud graduate of the William S. Richardson School of Law and lives in beautiful Palolo Valley with his wife.

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MELISSA MIYASHIRO Seminar: A Roadmap To Our State’s Electification Of Transportation Melissa Miyashiro is the Managing Director of Strategy and Policy at Blue Planet Foundation, a Hawaii- based nonprofit committed to clearing the path for 100% clean energy through bold advocacy, community action, and creative communications. As part of Blue Planet’s senior leadership team, Melissa heads the organization’s clean energy and climate policy efforts, strategic impact, and partnership development. She received a law degree and a certificate in Environmental Law from the William S. Richardson School of Law. Prior to Blue Planet, Melissa worked as a litigator in private practice and as a legal fellow assisting state agencies with invasive species policy and inter-agency coordination. She has authored papers on climate justice and taught persuasive writing and legislative advocacy at Hawaii’s law school. She serves on the board of Volunteer Legal Services Hawaii (VLSH) and is President of Women in Renewable Energy (WiRE). degree in philosophy and archaeology from the University of Evansville (IN) in 2000.

MODERATOR: DAVID MORRIS Seminar: Two Acronyms That Lawyers Dread David A. Morris is a member of the firm’s litigation practice group and concentrates his practice in business, real estate, land use, construction, and complex commercial litigation. Prior to joining the firm, Mr. Morris gained experience representing developers, contractors, landowners, and clients in the communications, energy, and public utility industries, advocating for agency approvals and advising on regulatory compliance, transactions, and policy matters. As a result, Mr. Morris is knowledgeable in regulations, transaction documents, and environmental matters common to these industries. Mr. Morris graduated cum laude from the William S. Richardson School of Law, where he served as an Outside Articles Editor for the University of Hawaii Law Review and earned multiple CALI Excellence for the Future Awards. Prior to and while attending law school, Mr. Morris spent over a decade in engineering, operations, and marketing roles in the communications and technology sector, most recently as a product manager with Hawaii’s largest communications provider. Mr. Morris holds a B.S.B.A. with a major in Computer Information Systems from Hawaii Pacific University and has taught Management Information Systems at the University of Hawaii – West Oahu. From this experience, Mr. Morris is knowledgeable in product development and marketing, financial management and accounting, cybersecurity and privacy regulations, and technology procurement and outsourcing. Mr. Morris is also a veteran of Operations Enduring Freedom and Iraqi Freedom where he served aboard the USS O’Kane (DDG-77) as a Fire Controlman in the U.S. Navy. ALANA RASK Seminar: Two Acronyms That Lawyers Dread Alana B. Rask is an Assistant Disciplinary Counsel at the Office of Disciplinary Counsel. Prior to joining the ODC, Alana served as a Deputy Attorney General for the Department of Hawaiian Home Lands, and practiced civil litigation. Alana is also a graduate of the William S. Richardson School of Law.

MODERATOR: JOANNA C. ZEIGLER Seminar: Indirect Discharges And Clean Water Act Permits - The Supreme Court’s New Functional Equivalent Standard Joanna Zeigler is an Associate with Damon Key Leong Kupchak Hastert in the firm’s Trial & Appellate Litigation, Arbitration & Mediation practice groups. She serves as the Vice-Chair on the board of the Hawaii State Bar Association’s Environment, Energy, and Resources Section. Prior to joining the firm, Joanna was the law clerk to The Honorable Lisa M. Ginoza of the Hawaii State Intermediate Court of Appeals. Joanna graduated from the University of Hawaii, William S. Richardson School of Law and earned a Certificate in Environmental Law.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 18 HAWAII WOMEN LAWYERS

AFTERNOON SESSION 1:30 P.M. - 4:30 P.M.

Moderators: Rita Makana Risser Chai & Amanda Lavis

• From Theory to Practice:How Attorneys of All Genders are Becoming Allies for Women and Changing the Legal Profession (3 CLE Ethics Credits) Speakers: Claire Wong Black, Pohai Nu’uhiwa Campbell, Rhonda l. Griswold, Madisson Heinze, Kimi Ide-Foster, Jessica Morikone, Beth Whitehead & Danton S. Wong Despite equal numbers of women entering the legal profession, female attorneys still lag in equity partnerships and leadership roles. Additionally, women attorneys frequently face unique institutional hurdles and societal stereotypes, which have been exacerbated by the recent pandemic. Join our informative conversation about gender harassment and discrimination in the legal industry, and hear from our panel of women attorneys who have successfully broken through the glass ceiling and have collaborated with key allies (both men and women) in their workplace. Attendees will learn how to identify gender barriers and harassment, how to become an ally who empowers women in the workplace, and how to gain a competitive edge through diversity and inclusion. This interactive program will benefit attorneys of all genders who are committed to equitable and inclusive law firms.

RHONDA L. GRISWOLD Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession As Chair of the Trust and Estates Department at Cades Schutte, Rhonda’s practice encompasses advising clients as to all areas of estate planning, from basic wills and trusts to more sophisticated planning such as generation-skipping dynasty trusts, sales to irrevocable trusts, qualified domestic trusts, charitable gifts, and family limited partnership planning. Her practice integrates the personal and estate tax planning concerns of individuals with tax and business planning for their closely-held businesses, and other legacy properties. Rhonda works closely with her clients and other advisors to create and implement personally tailored strategies to preserve assets and transmit wealth while minimizing transfer taxes. She advises clients on all aspects of high-net-worth trust administration, including valuation issues, allocation of assets and funding trusts. She is often sought after to counsel on the appropriate use of trusts, partnerships, LLCs and other vehicles to achieve planning goals. Her significant reputation as a preeminent litigator is based on 30 years of extensive experience in all aspects of estate litigation, including: probate, trust and guardianship litigation and appeals, will and trust contests and cases involving capacity, undue influence, determination of beneficiaries, spousal elective share, estate claims, and breach of fiduciary duty, and claims. Rhonda also advises fiduciaries and financial institutions in connection with their fiduciary duties, including probate proceedings, state and federal gift tax return preparation and audits, and trust and estate accounting proceedings. A Fellow in the American College of Trust and Estate Counsel, Rhonda is also a court-appointed member on the State of Hawai‘i Committee on Uniform Probate Code and Probate Court Practices. She was selected by her peers to be included in Best Lawyers in America since 2003, has been listed in Honolulu Magazine’s “Best Lawyers in Hawai‘i”, has a Martindale-Hubbell’s Peer Review rating of AV and has been identified as one of Hawai‘i’s “Super Lawyers.”

MADISSON HEINZE Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession Madisson Heinze is a member of Dentons’ Commercial Litigation practice group. She practices in the areas of real estate, collections and foreclosures, lender liability, construction litigation, appellate law, contracts, and business disputes. Madisson graduated from the University of Wisconsin Law School in 2016. During law school, Madisson worked as an intern for Justice Ann Walsh Bradley at the Wisconsin Supreme Court. Madisson coached and competed in national appellate advocacy competitions as a member of the Moot Court Board. She also worked in the Neighborhood Law Clinic litigating landlord tenant disputes, worked as a summer associate at a local mid-sized law firm, assisting national insurance carriers with insurance litigation, and volunteered with the Unemployment Appeals Clinic. Madisson served as student body president in college. Prior to joining Dentons, Madisson worked as a law clerk to the Honorable Christine E. Kuriyama at the Hawai`i First Circuit Court assisting with criminal jury trials, and then served as a law clerk for the Honorable Katherine G. Leonard at the Hawai`i Intermediate Court of Appeals.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 19 HAWAII WOMEN LAWYERS

KIMI IDE-FOSTER Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession Kimi Ide-Foster is an associate at Chun Kerr LLP. She concentrates her practice in the areas of real estate, commercial finance and general business transactions, and was recently selected to the 2020 Hawaii Super Lawyers, Rising Star list in the practice area of Real Estate Law. Ms. Ide-Foster has also been recognized by Pacific Business News as a 2020 honoree of Women Who Mean Business, and is a 2017 alumn of the HSBA Leadership Institute. Ms. Ide-Foster works with a wide variety of clients, including major real estate developers and a number of religious institutions. Ms. Ide-Foster is a 2006 ‘Iolani graduate, a 2010 graduate of Pitzer College, and a 2014 graduate of the William S. Richardson School of Law. She is the immediate past- president and current director with Hawaii Women Lawyers, a director with the 2021 Planned Parenthood Votes Northwest and Hawaii National Board, Vice President of the non-profit Help Is On the Way, and the president-elect of the ‘Iolani Alumni Association, as well as being a member of a number of other community organizations.

PŌHAI NU’UHIWA CAMPBELL Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession Pōhai Nu’uhiwa Campbell is an associate attorney in the trust and estates department at Cades Schutte LLP where she focuses on estate planning, trust administration and probate matters. She is a graduate of the William S. Richardson School of Law, where she served as Co-Editor-in-Chief of the University of Hawai’i Law Review. Prior to joining Cades Schutte, Pōhai served as a law clerk for Chief Justice Mark E. Recktenwald at the Hawaii Supreme Court and the Honorable Gary W. B. Chang at the Circuit Court of the First Circuit. Pōhai received a Bachelor of Science in Early Childhood Education from Winthrop University, where she graduated as class valedictorian and captained her Division I women’s volleyball team. After graduating from Winthrop, she returned home to Hawai’i and taught at Kamehameha Schools for four years before going to law school. Pōhai currently serves on the board for the HSBA Elder Law Section, Hawaii Women Lawyers, and Hawai’i Nature Center and is a fellow in the 2020 HSBA Leadership Institute. Pōhai is proficient in Hawaiian language, an avid hula dancer, and a new mom to daughter Mamo.

MODERATOR: RITA MAKANA RISSER CHAI Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession Rita Makana Risser Chai, a graduate of Berkeley Law, was admitted to practice in California in 1979, and in Hawaii in 2009. For 10 years she represented employees and employers in Silicon Valley in harassment and discrimination cases. She taught employment law at the University of Santa Clara and the University of California Santa Cruz, and authored a book for Prentice Hall. She has presented more than 1,000 corporate training and CLE programs on bias awareness, anti-harassment, and legal compliance in 38 states. Her articles on best practice anti-harassment training have been published internationally.

MODERATOR: AMANDA LAVIS Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession Amanda Lavis, Esq. MBA is an award-winning former attorney & litigator who stepped out of the courtroom and into companies to help leaders build inclusive workplaces. Recognizing the need for diversity and inclusion in law firms, Amanda founded Esquire Intelligence, LTD, a consulting company dedicated solely to organizations and individuals in the legal profession. Amanda understands firsthand the challenges faced by women attorneys and the important role law firm leaders of all genders have in empowering women in the legal profession. Amanda graduated magna cum laude from Villanova University School of Law and is admitted to practice in Pennsylvania, New Jersey and Maryland. Prior to entering private practice, Amanda worked for the Senate Judiciary Committee on the nomination of Elena Kagan to be an associate justice on the Supreme Court of the United States. She later served as in-house counsel for a Fortune 50 multi-national company.

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JESSICA MORIKONE Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession As a Senior HR Consultant at Hawaii Employers Council, Jessica regularly conducts training classes on a variety of topics including employment laws, harassment, and developing supervision skills. In addition, she spends a significant amount of time assisting HEC members with HR compliance issues and employment handbook and policy review. Jessica received her B.A. in Criminology, Law and Society from the University of California, Irvine, and her J.D., cum laude, from the University of Hawaii, William S. Richardson School of Law. She also holds a Professional in Human Resources (PHR) designation

BETH WHITEHEAD Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession As Executive Vice President and Chief Administrative Officer of American Savings Bank (ASB), Beth Whitehead champions ASB’s employee experience with the goal of creating a great place to work. Under her leadership, ASB has been recognized as a Hawaii Business Magazine “Best Place to Work” for 11 consecutive years (2010-2020). Fortune Magazine named ASB one of the Best Workplaces for Women in 2015. Prior to joining ASB in 2008, Beth served as deputy general counsel of First Horizon National Corporation and as general counsel at National Commerce Financial.

DANTON S. WONG Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession Mr. Wong’s practice is concentrated in the areas of real estate acquisitions, sales, financing and development; business consultation; and related areas. He has participated in transactions involving the acquisition, financing, development, operation and/or sale of resort hotels, golf courses, commercial office buildings, shopping centers, residential condominium projects, vacant land and on-going business concerns. Mr. Wong’s clients include real estate companies, resort hotel owners, developers and business entities, such as East West Partners, Hawaii DeBartolo LLC, TD Food Group, Queen Emma Land Company and The Savio Group. Recent transactions in which Mr. Wong has participated include the purchase of the Waikele Storage Park, the development of the Ka Makana Ali’i Regional Shopping Center, and the ground lease negotiations for the re¬development of the International Market Place and the Waikiki Trade Center.

CLAIRE WONG BLACK Seminar: From Theory To Practice: How Attorneys Of All Genders Are Becoming Allies For Women And Changing The Legal Profession Claire Wong Black resolves disputes in and out of the courtroom. As a member of the Firm’s Litigation and Dispute Resolution practice, Claire represents public and private, commercial and non-profit entities, and individuals. Her practice includes complex commercial litigation and arbitration, investigations, and appeals. She has argued successfully before the Ninth Circuit Court of Appeals and the Hawai`i Supreme Court. Claire also advises clients―boards, executives, and corporate counsel―providing crisis management and strategic advice. In addition to commercial matters, Claire maintains a substantial civil rights practice focused on public interest impact litigation. As a result, she is a class action litigator with a rare 360-degree perspective, having both defeated putative class actions and successfully litigated class claims. Claire is the immediate past president of the Federal Bar Association’s Hawaii Chapter; a lawyer representative to the Ninth Circuit Judicial Conference; and a 2016 Hawai`i State Bar Association Leadership Institute Fellow. She serves on the board of the Friends of Lyon Arboretum and on the Advisory Council for the Ninth Judicial Circuit Historical Society. In 2015, she received Hawai`i Appleseed Center for Law & Economic Justice’s Voices for the People Award in recognition of her public interest advocacy on behalf of underserved populations.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 21 REAL PROPERTY AND FINANCIAL SERVICES, PART 2

AFTERNOON SESSION 1:30 P.M. - 4:30 P.M.

Moderator: Andrea K. Ushijima

• Real Estate Litigation Update (1.5 CLE) Speakers: Gregory W. Kugle & Mark M. Murakami In this program, the panelist will discuss recent decisions from the Hawaii Supreme Court and Intermediate Court of Appeals, as well as any noteworthy cases from the mainland. • Legislative Update (1.5 CLE) Speakers: Kimi Ide-Foster, Ikaika Raulins, Mauna Kea Trask, & Andrea Ushijima Summary of recent legislation and other legal developments

KIMI IDE-FOSTER Seminar: Legislative Update Kimi Ide-Foster is an associate at Chun Kerr LLP. She concentrates her practice in the areas of real estate, commercial finance and general business transactions, and was recently selected to the 2020 Hawaii Super Lawyers, Rising Star list in the practice area of Real Estate Law. Ms. Ide-Foster has also been recognized by Pacific Business News as a 2020 honoree of Women Who Mean Business, and is a 2017 alumn of the HSBA Leadership Institute. Ms. Ide-Foster works with a wide variety of clients, including major real estate developers and a number of religious institutions. Ms. Ide-Foster is a 2006 ‘Iolani graduate, a 2010 graduate of Pitzer College, and a 2014 graduate of the William S. Richardson School of Law. She is the immediate past-president and current director with Hawaii Women Lawyers, a director with the 2021 Planned Parenthood Votes Northwest and Hawaii National Board, Vice President of the non-profit Help Is On the Way, and the president-elect of the ‘Iolani Alumni Association, as well as being a member of a number of other community organizations.

GREGORY W. KUGLE Seminar: Real Estate Litigation Update Greg Kugle concentrates his practice in the area of litigation and appeals. His litigation practice primarily involves the areas of commercial disputes and business litigation, construction disputes, land use and real estate litigation. He also represents clients in aviation, bankruptcy, employment, personal injury and insurance coverage cases. He has litigated cases in the State of Hawaii District and Circuit Courts, the Hawaii Bankruptcy Court and United States District Court for the District of Hawaii, and has handled appeals before the Hawaii Intermediate Court of Appeals, the Hawaii Supreme Court and the Ninth Circuit Court of Appeals. Greg has been selected to Super Lawyers in the General Litigation practice and has been recognized by Best Lawyers in the areas of Litigation – Construction, Litigation – Land Use and Zoning, Real Estate Law, Construction Law and Land Use and Zoning Law, and was named Best Lawyer’s Lawyer of the Year in Litigation- Land Use and Zoning (2017) and Lawyer of the Year in Land Use and Zoning (2013).

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MARK M. MURAKAMI Seminar: Real Estate Litigation Update Mark M. Murakami practices in the Dispute Resolution, Real Estate and Construction, and Business and Commercial Law practice groups at the Damon Key Leong Kupchak Hastert law firm. His focus is on complex commercial disputes, land use negotiation and litigation, environmental, and general civil litigation. Mark was the Valedictorian of the Class of 1999 from the William S. Richardson School of Law at the University of Hawaii where he served as Articles Editor of the University of Hawaii Law Review. He has received numerous academic awards, including: Dean’s Scholar, Porter Scholastic Award (2 times); Awards for highest grade in Property I, Torts I, Contracts I, Corporations, and Professional Responsibility; Kono Award for Academic Achievement; Phi Delta Phi Professional Responsibility Award; HSBA Real Property and Financial Services Section Award. Mark volunteers as a board member/officer of the I’m a Bright Kid Foundation and previously served on the boards of Hawaii Children’s Action Network, Good Beginnings Alliance, and the Hawaii State Bar Association. His pro bono activities include the cases involving the Hawaii appellate pro bono program, Hawaiian Home Lands, and through the Honolulu District Court self-help center.

IKAIKA B. RAWLINS Seminar: Real Estate Litigation Update Ikaika Rawlins is an associate at Chun Kerr LLP. He concentrates his practice in the areas of real estate, tax and commercial law and was recently selected to the 2020 Hawaii Super Lawyers, Rising Star list in the practice area of Real Estate Law. Mr. Rawlins was most recently with the State of Hawaii, Department of Taxation, where he advised the Department’s Compliance division on legal and operational issues. Prior to that Mr. Rawlins was a real state and commercial transactions attorney with another Hawaii law firm. He is a graduate of the University of Hawaii William S. Richardson School of Law and is a current fellow with the HSBA leadership institute.

MAUNA KEA TRASK Seminar: Real Estate Litigation Update Mauna Kea Trask is Of Counsel with the law firm of Cades Schutte LLP, where he practices in the areas of real estate, and litigation. His experience includes working with and navigating through governmental regulatory processes and litigation in administrative, state and federal venues. Mr. Trask received his Bachelor’s degree from Oregon State University, and his law degree from the William S. Richardson School of Law, University of Hawaii. Prior to joining Cades Schutte LLP, Mauna Kea was the County Attorney for the County of Kauai from 2014 to 2018.

ANDREA USHIJIMA Seminar: Real Estate Litigation Update Andrea K. Ushijima is a partner with the law firm of Cades Schutte LLP, where she practices in the areas of finance and real estate. She works with financial institutions on regulatory compliance matters and commercial lending, and also works with clients on real estate matters. Ms. Ushijima received her Bachelor’s degree from the University of Washington, her M.B.A. from the Shidler College of Business, University of Hawaii, and her law degree from the William S. Richardson School of Law, University of Hawaii, where she served as the Executive Editor for Publications and Research for the University of Hawaii Law Review.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 23 IMPORTANT INFORMATION

HSBA Member Registration Videotaping / Photography Online registration is available for HSBA Members at The seminar may be videotaped and/or photographed. https://tinyurl.com/2020HSBABarConvention. Your registration constitutes your voluntary consent to such videotaping and/or photography without monetary compensation.

Non-HSBA Member Registration Online registration is available at https://tinyurl.com/2020HSBABarConvention. Disclaimer The 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, Cancellation analyses, and materials provided by the presenters are not reviewed by the HSBA. Cancellation requests should be submitted in writing to [email protected]. Refund requests will be accepted until October 9, less a $15 processing fee. Cancellations after this date are non-refundable, substitutions will be accepted by Wednesday, October 14, 2020. Questions / Special Accommodations / ADA Contact the HSBA CLE Department by phone: (808) 537-1868 or email: [email protected]. Please provide request for accommodations at least 2 business days Insufficient Funds before the event. A $30 fee will be charged for checks returned due to insufficient funds.

Course Materials In an effort to be green, the Bar Convention course materials will all be downloadable with a links sent via email. The email will includes all course information Attendees may print the materials prior to attending or simply view downloaded materials on their tablet, phone or laptop.

1 HAWAII STATE BAR ASSOCIATION 2020 BAR CONVENTION & ANNUAL MEETING 24