Practice Areas

Litigation and Dispute Resolution -- Commercial, Admiralty and Employment

No one likes to find themselves in a legal dispute. But when you are headed for one or you are in one, you want a trusted, capable, and hard-working and fighting team of lawyers on your side. Our team of experienced lawyers can defend you in any dispute. Carlsmith Ball's Litigation & Dispute Resolution section has a proven track record in the prevention, negotiation, mediation, arbitration and litigation of business disputes, including appeals and collections of judgments. Our attorneys have long-established and effective working relationships with state and federal agencies, regulators, mediator, arbitrators, and judges throughout the jurisdictions in which we practice. Our litigation lawyers are among the best in their respective fields. Clients of Carlsmith Ball LLP benefit from the experience, reputation, and character of the firm's Litigation & Dispute Resolution attorneys. These attributes, combined with a dedicated support staff of paralegals, document analysts and administrative personnel, produce effective representation for our clients.

PROBLEMS & SOLUTIONS

Unfortunately claims, disputes, and exposure to litigation, arbitration and mediation are part of almost every business. In representing business clients in disputes, our lawyers have become aware of concerns, uneasiness, and questions that these clients have had when faced with important claims or disputes. Our attorneys address these concerns and questions in counseling at the deal making stage. Once a claim or dispute arises, our attorneys are aggressive advocates of our client's rights. Some of the areas we can provide assistance on include the following:

ADMIRALTY & MARITIME

Our attorneys are correspondents for most P & I Clubs and represent extensive and varied marine interests throughout the Pacific including owners, charters, cruise lines, and shipping lines. The Group works alongside the Litigation & Dispute Resolution Section in solving problems arising from casualties, disasters, and commercial disputes. As the first and only Hawaii firm to open offices in Guam and Saipan, we have admiralty attorneys serving our clients' needs, often on emergency notice, in remote locations as well as all of the major ports in the Pacific Basin. The attorneys in this group, some with seafaring and government service backgrounds, are experienced maritime attorneys who provide extensive services in the following areas:

• Personal injury claims
• Marine insurance
• Vessel arrest and foreclosure
• Cargo and salvage claims
• Collision and casualty
• Charter agreements
• Vessel financing and documentation
• Towage
• Government regulation of shipping activities
• Marine environmental law
• Fisheries and marine resources
• Pilot licensing and pilot age disputes
• Port and harbor issues
• Marine construction
• Marine employment
• Step building and vessel repair disputes
• Recreational boating accidents and disputes
• Contract negotiations and drafting
• Financing and maritime liens
• Customs and immigration
• Bills of lading, letters of credit, and other maritime transactions

Represent small and large vessel owners and operators as both plaintiff and defendant in vessel casualty matters.

Represent facility owners and ship owners in litigation for damages caused by accidents and in disputes over regulations governing marine facilities.

Represent ship owners, operators, and plaintiffs in marine tort, personal injury and Jones Act matters, including large ships for cargo and passengers, as well as commercial and recreational crafts.

Work in cooperation with corporate counsel, insurance counsel and independently to both defend and enforce maritime liens, arrests, attachments, and mortgages.

Represent shipping lines and insurance companies in defense of charges of negligence in cargo damage suits.

ANTITRUST AND UNFAIR COMPETITION

Represent businesses in antitrust actions, including those involving allegations of price fixing, allocation of territory, monopoly issues, and trade regulations.

Defend businesses in suits by competitors claiming unfair competition, including antitrust violations and conspiracy to violate tariff regulations.

Advise clients on the propriety of corporate marketing and advertising practices under federal and state antitrust and unfair competition laws.

Obtain temporary, preliminary, and permanent injunctive relief and monetary damages on behalf of clients where former officers set up competing businesses utilizing unlawful methods, including misappropriation of trade secrets, solicitation of customers, and the use of proprietary information.

Perform analyses and render opinions concerning the antitrust implications of distributors' distribution practices used by clients to evaluate potential liability.

CONSTRUCTION DISPUTES

Our attorneys have many years of broad and extensive experience representing owners, architects, engineers, contractors, sub-contractors, consultants, project managers, insurance companies, and other professionals involved in the construction process. Our construction litigation lawyers have successfully represented clients in all types of construction matters, including project financing disputes, mechanics and material man's liens, design and engineering disputes, warranty matters, contract claims, cost overruns, change order disputes, disputes involving sub-contractor or suppliers, and matters relating to performance and/or payment bonds. We have handled construction litigation matters in both public and private projects. Our experience includes counseling and legal representation in all facets of the dispute resolution process: prevention, negotiation, mediation, arbitration, litigation, appeal, and collection. Many of our fine construction litigation attorneys have served as mediators or arbitrators in construction disputes. Our client base includes Hawaii based entities, mainland based entities, and international entities. Our construction litigation lawyers are among the most experience in their field. That experience, coupled with sensible and aggressive litigation strategy, provides our clients with the greatest chance of achieving a cost-efficient successful outcome to their construction related dispute.

Represent developers in suits against architects, design professionals, and construction companies for breach of contract, design defects, construction defects, construction delays, fraud, and warranty disputes.

Represent owners, architects, design professionals, contractors, and subcontractors in suits to recover for or relating to work performed.

Represent developers and contractors in mediation and arbitration to resolve construction disputes including mechanic's liens, contracts, and delays.

Defend developers and contractors from subcontractor's claims including breach of contract, non-payment, and wrongful termination.

CORPORATE OR PARTNERSHIP DISPUTES

Our attorneys assist clients involved in corporate or partnership disputes to achieve cost-efficient and successful outcomes. With a broad range of experience covering all aspects of the corporate and partnership spectrum, our litigation lawyers assist clients involved in shareholder disputes, director disputes, corporate governance, fiduciary duties, reorganizations, regulatory disputes, administrative agency matters, formations and dissolutions, mergers and acquisitions, buy/sell agreements, partition actions, and business operations matters. We represent clients of all sizes and compositions, both public and private, ranging from sole proprietorships through large multi-national corporations.

CREDITORS' RIGHTS AND BANKRUPTCY

Represent financial institutions, finance companies and other secured lenders in out-of-court work-outs, state court foreclosure and receivership proceedings, fraudulent transfer claims, and in various bankruptcy proceedings.

Defend lender liability claims and counterclaims, including allegations of breach of contract, breach of fiduciary duty, negligence, fraud, misrepresentation, bad faith, and alleged violations of statutes such as the Truth-in-Lending Act, the Equal Credit Opportunity Act, RICO, unfair and deceptive practices statutes, environmental statutes, and anti-tying statutes.

EMPLOYMENT

Defend employers in state and federal lawsuits for wrongful termination, including claims for infliction of emotional distress, defamation, and invasion of privacy.

Represent employers in government agency investigations, including the EEOC, OFCCP, HCRC, California DFEH, Guam DOL, and Saipan DCL.

Defend employers in state and federal lawsuits for discrimination or harassment based on sex, race, age, ethnicity and sexual orientation

Represent employers in union representation and unfair labor practice proceedings before the National Labor Relations Board.

Represent employers in grievance and arbitration proceedings under collective bargaining agreements.

Represent employers in proceedings to obtain injunctions to stop unlawful union picketing or unlawful strikes.

Represent employers in government agency investigations of wage and hour violations.

Represent employers in government agency proceedings involving employee benefits, including workers' compensation claims, unemployment insurance claims, and medical and disability claims, including ERISA and COBRA.

Represent employers in OSHA investigations and proceedings.

Represent employers in federal lawsuits for damages under the Jones Act.

Represent employers in Immigration and Naturalization Service investigations and court actions for violations of the Immigration Reform and Control Act, including discrimination claims.

Represent employers in actions brought under the American with Disabilities Act.

ENVIRONMENTAL

Defend industrial clients in connection with notices of violation and assessment of civil penalties by government enforcement agencies for environmental violations including odor and noise levels, air, water and ground soil contamination, the identification of hazardous materials, and the National Pollution Discharge Elimination System.

Represent landowners in negotiations with tenants regarding responsibility for cleanup of contaminated property, including contamination from leaking underground storage tanks.

Represent independent energy producers in toxic tort litigation, including allegations of personal injury, property devaluation, and other damages as a result of exposure to emissions.

Advise clients on the federal Oil Pollution Act and the Oil Spill Prevention and Response Act relating to the transportation of oil and the regulation of oil facilities.

Represent gasoline service stations to eliminate potential hazards from aged, single-wall underground storage tanks.

Represent commercial property owners and operators regarding the handling and disposal of hazardous wastes in compliance with the Resource Conservation and Recovery Act.

Represent manufacturers and distributors of asbestos-containing products in personal injury claims.

INSURANCE COVERAGE

Our Litigation and Dispute Resolution attorneys have experience assisting both insurers and insureds in disputes relating to policy interpretation and coverage. Our experience includes bad faith litigation, business interruption, director and officer liability, environmental liability, general liability, product liability, and professional errors and omissions liability. Our lawyers have extensive experience in coverage disputes arising under general liability insurance policies including claims relating to construction disputes, environmental disputes, property damage, and bodily injury. Our experience includes both first and third-party coverage disputes.

Represent businesses and insurance carriers in a wide variety of declaratory judgment suits, including actions seeking coverage for losses from personal injury, premises liability, professional malpractice, products liability and environmental contamination claims.

Represent both businesses and property and casualty insurance companies in personal injury claims.

Represent both businesses and insurance companies in claims involving automobile accidents.

INTELLECTUAL PROPERTY

Represent clients with U.S. and foreign copyright, trademark, service mark and patent registrations, preparing applications for and obtaining U.S. copyright and trademark and service registrations, preparing documentation for international licensing arrangements for U.S. trademarks, and assisting in trademark, copyright, and distribution rights infringement litigation.

Obtain permanent and temporary injunctions restraining defendants from disseminating infringing materials, including claims of libel and public defamation.

Defend clients in claims in violations and defense of intellectual property laws including appropriation of and rights to commercial profits.

Represent clients in appeals to the U.S. Patent and Trademark Office.

PRODUCT LIABILITY

Represent businesses in cases of strict liability concerning injuries allegedly resulting from defective or improperly tested products, including the presentation of testimony of technical experts.

Defend businesses in cases alleging personal injury, property damage, or economic loss for breach of warranty.

Defend manufacturers and sellers against claims of injury from a product as a result of negligence.

Defend clients on claims of wrongful death as a result of product defects, negligence, or warranty considerations.

Represent clients on appeals of product liability cases.

Perform litigation prevention audits of companies, reviewing contractual forms, insurance contracts, advertising and product representations.

PROFESSIONAL LIABILITY

Defend professionals, including doctors, hospital administrators, nurses, lawyers, architects, realtors and accountants accused of malpractice, professional negligence, breach of duty, loss of profits, business delays, and excessive billing.

Represent government officials in cases alleging governmental and municipal liability for excessive force, unlawful discharge, and unlawful takings and condemnations.

REAL ESTATE

We have extensive experience representing buyers, sellers, title companies, developers, lenders, property management companies, receivers, surveyors, real estate brokers and agents, appraisers, lessees, operators, and owners. Backed up by the firm's real property/transactional attorneys, the Litigation and Dispute Resolution section has successfully represented clients in many types of real property matters, including quiet title actions, land use issues, lender liability matters, complex foreclosures, contract disputes, specific performance actions, eminent domain matters, lien priority and enforcement, boundary and easement matters, and landlord-tenant law.

Represent clients on a wide range of breach of contract claims concerning purchase and sales agreements, construction contracts, commercial leases, disclosure and fraud issues.

Represent businesses, individuals and insurance companies in real property disputes including quiet title actions, partitions, boundary disputes, accretion, easements, construction contracts, building defects, mechanics liens and realtor claims.

Represent real property owners and associations in suits concerning enforceability of restrictive covenants on land use.

Advise purchasers regarding due diligence on property acquisition, including provisions for environmental liability.

Represent commercial lessors in cases involving bankruptcy filings by retail lessees. Work to ensure payment of post-petition rents and return of lease premises or assignment of lease.

Represent businesses and government agencies in litigation regarding development rights and condemnation laws.

Represent businesses that own public transportation and accommodations in cases concerning the American with Disabilities Act (ADA).

Represent clients in arbitration to resolve disputes concerning real property transactions.

Handle appeals of real property litigation cases.

Represent businesses in partnership disputes including property disputes, compensation disputes, and partner termination disputes.

Represent corporate clients in shareholder disputes including breach of contract, breach of fiduciary duty, professional negligence, corporate mismanagement, stock transfer disputes, and fraud.

Represent clients in corporate takeover and defense litigation.

Represent clients in trial and through arbitration and mediation in commercial contract disputes including breach of purchase, sale, and financing contracts.

Represent clients in tax appeals including property valuation issues and code interpretation.

Represent government contractors in disputes with government procurement agencies over contract procedures.

Represent public utilities and independent power producers in rate proceedings, procurement disputes, distribution disputes, power purchase agreements, and environmental claims.

SECURITIES/FIDUCIARIES

Represent directors and officers accused of breach of fiduciary duty and usurpation of corporate opportunity.

Represent clients in cases involving fraud, misrepresentation of shareholder interests, corporate mismanagement, breaches of federal and state securities laws, and violation of NASD policies and procedures.

Provide SEC advice on periodic reporting, disclosure obligations, securities registration, intrastate offerings and private placements (including use of restricted stock in business acquisitions and joint ventures), employee option programs, beneficial ownership reports, short‑swing profit issues, restricted (Rule 144) securities, going private transactions, responses to unwanted share accumulations, the Hawaii Control Share Acquisition Act, and takeover defenses.