Hawaii Litigation and Real Estate Law Experts
FIRM OVERVIEW: Starn O’Toole Marcus & Fisher is a leader among Hawaii’s law firms, recognized for its real estate law and complex commercial litigation expertise in Hawaii, the U.S. mainland and internationally. The firm’s intellectual energy, mental strength and experience creates winning strategies, strong negotiations and innovative settlements for its clients and have earned the law firm an international reputation for sophisticated case analysis and innovative business solutions.The firm’s passion for excellence and responsive client service delivers extraordinary results for clients.
Senior attorneys have been selected for inclusion among the Best Lawyers in America®, Benchmark Litigation, Benchmark Appellate, Hawaii Super Lawyers®, the Bar Register of Preeminent Lawyers™, and Chambers and Partners USA Legal Directory of America’s Leading Lawyers for Business and have earned Martindale-Hubbell’s® highest, AV rating. Terence J. O'Toole, Kenneth B. Marcus and Mark J. Bennett have been selected for inclusion as Top Listed, Top 25 Hawaii Super Lawyers®. Starn O'Toole Marcus & Fisher has more Top Listed, Hawaii Super Lawyers ® than any other Hawaii law firm.
The Firm is recognized by U.S. News & World Report-Best Lawyers® “Best Law Firms” in 2010 and 2011-2012. For 2011-2012, the firm is top listed as #5 in Hawaii by Best Law Firms. The firm is ranked in 17 practice areas: Appellate Practice, Commercial Litigation, Government Relations Practice, Land Use & Zoning Law, Litigation-Banking & Finance, Litigation-Real Estate, Mergers & Acquisitions Law, Real Estate Law, Administrative/Regulatory Law, Arbitration, Construction Law, Corporate Law, Eminent Domain and Condemnation Law, Litigation-Construction, Litigation-Eminent Domain & Condemnation, Personal Injury Litigation and Litigation-Trusts & Estates.
MAIN AREAS OF PRACTICE: Law firm transactional attorneys are considered experts in real estate law, mergers & acquisitions, hotel and resort, corporate finance and business law. The firm’s litigation trial team has tremendous experience before State and Federal courts in Hawaii, and is amongst a handful of select “go-to” individuals when clients are faced with complex commercial issues.
LITIGATION The firm’s Litigation Team specializes in complex commercial litigation encompassing business, corporate, contract and accounting issues related to real estate development, corporate ownership and management, the hotel and hospitality industry, construction claims, lender liability and class actions. The team has substantial litigation and trial expertise before State and Federal courts in Hawaii and the U.S. mainland, and serves as litigation general counsel before courts in foreign jurisdictions.
The firm is engaged in cutting edge legal work involving the Wall Street Reform and Consumer Protection Dodd-Frank Act. The experience uniquely positions the law firm to move businesses forward in a rapidly changing environment.
Litigation Director, Terence J. O’Toole, has been named 2012 Best Lawyers®, Lawyer of the Year, Litigation-Banking & Finance. In 2011, Mr. O’Toole was named Best Lawyers® Lawyer of the Year, Bet-The-Company Litigation.
Senior litigators Sharon V. Lovejoy, Judith Ann Pavey, John A. Sopuch III, Mark J. Bennett and Trevor A. Brown round out the litigation team and are recognized by Best Lawyers in America®, Hawaii Super Lawyers®, Benchmark Litigation, Benchmark Appellate, Chambers and Partners USA Legal Directory of Leading Lawyers for Business and the Bar Register of Preeminent Lawyers ™.
The litigation powerhouse of Starn O’Toole Marcus & Fisher attorneys is AV rated by Martindale-Hubbell®, the highest rating possible. Mark J. Bennett is a former Hawaii Attorney General, and is a Fellow of the American College of Trial Lawyers. Sharon V. Lovejoy is a Fellow of the Litigation Counsel of America, and Judith Ann Pavey is a member of the American Board of Trial Lawyers and the American Inns of Court.
TRIAL TEAM: Mr. O’Toole leads the Trial Team joined by Judith Ann Pavey, Mark J. Bennett and John A. Sopuch, III. Together, the team’s trial experience is virtually unmatched in Hawaii.
REAL ESTATE The transactional team is lead by law firm founder Peter Starn who is recognized for his expertise in the practice area of real estate by Best Lawyers in America ®, Chambers and Partners USA Legal Directory of Leading Lawyers For Business and Super Lawyers®. Kenneth B. Marcus and Duane R. Fisher join Mr. Starn, both recognized by Best Lawyers in America® and Chambers in the practice area of Real Estate. Mr. Marcus has also been selected for inclusion as a Top Listed, Top 25 Hawaii Super Lawyer®. The firm represents owners, developers, buyers and sellers of developed and undeveloped real property in Hawaii and internationally, and has opened doors for domestic and international clients, helping them navigate Hawaii’s complex land use and permitting laws.
Services include drafting and negotiating purchase and sale agreements, strategic advice to buyers and sellers, assistance with structuring transactions, financing, conveyances and security instruments, negotiations for the issuance of title insurance and endorsements, conducting and coordinating complex due diligence investigations, interfacing with labor and tax counsel, and working with escrow companies through closing.
The firm represents landlords and tenants in a variety of leasing matters involving commercial leases. The firm drafts and negotiates ground leases, development leases, retail leases and office space leases.
BUSINESS: The firm assists clients with creating and maintaining limited liability companies, corporations, general and limited partnerships and non-profit organizations. The firm has extensive experience negotiating and drafting partnership agreements, shareholder agreements and limited liability company operating agreements.
The firm represents clients in the purchase and sale of business entities and assets that includes acquisition of membership interests in closely held limited liability companies, and the acquisition of majority control of publicly held and traded corporations.
The firm often acts as general business counsel to its clients, conducting negotiations, drafting and reviewing contracts and business communications, evaluation of legal risks of proposed courses of action and strategic advice.
HOTELS & RESORTS: Kenneth B. Marcus is recognized as an expert in the practice area of Hotel & Resort law and is a member of the International Society of Hospitality Consultants (ISHC). The firm’s transactional team represents owners, managers, buyers and sellers of hotel and resort transactions. The firm specializes in the negotiation and documentation of hotel sales and acquisitions, management agreements and franchise license agreements. It conducts and coordinates due diligence investigations of hotel properties in Hawaii and internationally. The firm advises hotel owners with regard to landlord-tenant relations, and interfaces with labor counsel on employment and union issues. It has particular expertise with water rights, development obligations and credits involved with resort development and land use entitlements.
FINANCE: The firm’s Financial Practice focuses on the representation of borrowers and lenders in connection with real estate acquisitions and other business transactions. The firm provides guidance to lenders in the proper documentation of loans and investment security. It advises borrowers in the negotiation of financing, novel financing arrangements and the optimization of funds and acquired properties.