Category: Practice Tips

In Gabriel v. Island Pacific Academy, Inc., the Hawai‘i Supreme Court recently refused to enforce an arbitration clause in an employment agreement, where the chosen arbitrator’s standard operating procedures would have required the employee to pay half the arbitration costs up front in order to arbitrate any dispute. Continue Reading
Since the Hawai‘i legislature enacted the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2012, procedures have been streamlined for attorneys in other UIDDA states to issue subpoenas and discovery requests across the Pacific Ocean. Although each state’s version of the UIDDA is not quite as “uniform” as might be… Continue Reading
Lawyers who routinely file ex parte motions to seal sensitive or confidential documents or information (referred to in this article as “confidential information”) in the District of Hawai`i federal courts should pay attention to developments in Center for Auto Safety v. Chrysler Group. In this… Continue Reading
Watch any televised sporting event, and at the end of the game the star player from the winning team will say she or he’s glad they won, but she and the team have to get better for the next game. Although it’s become a sports cliché, professionals in every walk… Continue Reading
Violent tragedies like the recent shooting in Virginia of a news crew by an embittered former employee are a good reminder of the value of employment practices and policies aimed at preventing violence in the workplace and litigation that can follow on the heels of such tragedies. Hawai`i is not… Continue Reading
We have all been there. We arrive in court on a hearing and the court’s inclination is against us. Or an objection is made to the admissibility of an important item of evidence at trial and the objection is granted. How do we effectively handle such situations? While there are… Continue Reading
The U.S. code permits a party to take an interlocutory appeal as of right from an order granting, continuing, modifying, refusing, or dissolving a preliminary injunction. 28 U.S.C. § 1292(a). The Ninth Circuit Rules provide that preliminary injunction appeals are given priority over appeals of other civil cases. Circuit Rule 34-3. Continue Reading
AHFI’s Kristin Holland recently published a piece explaining how small businesses could protect their intellectual property rights. For instance, should you consider insurance for copyright or trademark infringement? Yes says Holland. “Talk with your insurance broker about advertising injury coverage for infringement claims. This insurance can cover your legal defense… Continue Reading
Know the Rules in Hawai`i’s Federal Court By Kee Campbell and Louise Ing We have previously posted here and here about the below-market rates awarded in the United States District Court for the District of Hawai`i.  In light of these low rates, practitioners seeking adequate compensation must ensure that their fee applications conform to the Local Rules.  Courts in this district often employ percentage reductions to reduce fees, and these reductions can be significant.  The key is to know the rules as you bill time, so that the time entries themselves clearly convey the nature of the work done and the value added to the case. Continue Reading
More Guidance on Attorneys' Fees Awards in Hawai`i’s Federal Court By Kee Campbell and Louise Ing As an update to our previous post on this topic (see “Fee Factors”) we have compiled additional tips for practitioners on motions for and awards of attorneys' fees in the United States District Court for the District of Hawai`i. Continue Reading