8:45 AM: Login
9:00 AM - 12:00 PM: Morning Sessions (pick one)
Appellate, 3 CLE
- Highlights of the October 2019 term of the U.S. Supreme Court - 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 - 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.
Environment, Energy, & Resources, Part 1, 3 CLE
- Cimate Change Litigation: Municipal Claims Against Oil Companies for the Effects of Climate Change - 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 - 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 - 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.
eDiscovery and Computer Forensics, 3 CLE
eDiscovery and Computer Forensics
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.
Real Property and Financial Services, Part 1, 3 CLE
- Regulatory Takings After Knick - 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.
12:15 PM - 1:15 PM: HSBA Annual Meeting (BYO Lunch) Annual Meeting Agenda
The Virtual Annual Meeting will be open to all HSBA Members. Please check back here the week of the Annual Meeting for the free Zoom link.
- Door Prizes
- Induction of 2021 HSBA, YLD and SCD Presidents-elect
1:15 PM: Login
1:30 PM - 4:30 PM: Afternoon Sessions (pick on)
Environment, Energy, & Resources, Part 2, 3 CLE (1 Ethics)
- Indirect Discharges and Clean Water Act Permits - The Supreme Court’s New Functional Equivalent Standard - 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 - 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 - 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.
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 - 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.
Real Property and Financial Services, Part 2, 3 CLE
- Real Estate Litigation Update - 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 - Kimi Ide-Foster, Ikaika Raulins, Mauna Kea Trask, & Andrea Ushijima
- Summary of recent legislation and other legal developments
*Registration opens in September. Schedule subject to change. Program adjustments may be made.