Summer / Fall 2013

Providing clients worldwide access to sophisticated legal advice and exceptional service.

Damon Key Family Law Attorney Judith A. Schevtchuk

Inside this Issue:
The 2013 Damon Key Legal Film Festival 2013 Legislative Update Emergency Checklist Damon Key celebrates our 50th Anniversary with service to Lyon Arboretum am often asked What does a family law attorney do? So, I am taking this first opportunity to communicate some of the legal problems that fall within the sphere of family law. I also want to alert our readers to potential issues that may be occurring in their own families, and to suggest that its wise to learn what legal remedies might be available to help you and your family members navigate life and its challenges. Family law is imposed upon the human need to create families through adoptions, civil unions, unmarried partnerships and marriage and, then, later dissolve these couplings as legal entities. In many cases, the human relationships continue and are often expected to successfully raise children. Family lawyers also counsel and write prenuptial and post-marital agreements, and advise on guardianships of minors and incapacitated people of any age. We review prior court orders issued by courts throughout the world when the people concerned are in Hawaii, and determine if those orders can be modified. United States citizenship or lawful permanent resident status is not required to seek relief in the Hawaii courtsincluding the Family Courts. Family law issues may be complicated by physical and mental health issues, substance abuse, and physical, emotional and financial abuse. Some family law problems are also violations of criminal law, e.g. spouse, elder or child abuse or neglect. In some cases, financial or domestic violence restraining orders may be required to protect and separate the family members and to preserve assets. Helping clients through these legal and personal passages is challenging and rewarding. Often family law involves questions of real property financing and ownership, taxes, trusts and estates, immigration law and corporate and business law. Many families in Hawaii jointly own a business or have a family trust, which owns residential or commercial property and have no plans for divorcing stockholders or partners. Many people believe the estate plan they did years ago will ensure a successor trustee or the holder of a financial power of attorney will be able to make health care decisions after a parent suffers a disabling stroke, but that is not necessarily true; a financial power of attorney will not allow you take a disruptive and violent family member with dementia to a secure care home against his/her will. Sometimes parents are unable (for medical or other temporary reasons), or unwilling to care appropriately for their children, and a guardian needs to step in with the legal authority to care for the children and
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make parental decisions; a pre-existing blood or family relationship is not required to be a guardian of a minor. Some spouses have financially contributed to real estate owned by their spouses family trust expecting a long and happy marriage and wonder what share can I expect if we divorce? Some parents worry that their exspouse will take the children to visit grandparents in a foreign country and not bring them back to Hawaii at the end of the specified visitation; do they deny the children and kupuna a relationship because of these fears? Unwinding these personal and business relationships may require consultation with other attorneys at Damon Key Leong Kupchak Hastert to completely and appropriately advise the client; our diverse and collegial practice makes that immediately possible. Resolution of family disputes is further complicated because the statutes necessarily give wide discretion to Family Court judges, so there is rarely just one right answer to a family law question. For example, what is in the best interests of a child can elicit many rational, well-intentioned opinions. A Family Court Judge eventually will have to make a decision if the parents are unable to agree. Responsible family law attorneys support cooperation and pursue negotiation and mediation before turning to litigation to resolve disagreements. Like the physicians, I subscribe to the rule, First, do no harm. Family problems are emotionally and financially painful; lawyers and the legal process should not make it worse for the family. The issues and concerns mentioned in the above paragraphs are common to most families who are restructuring themselves because of a divorce or dissolution. Geographically mobile families must determine whether Hawaii has jurisdiction over their case; living here for six (6) months is not required to seek remedies, but residence and domicile are difficult legal concepts and a careful examination of the families history is required. Mobile families must often contend with the unique occupational requirements and schedules (e.g. deployments), specific federal statutes (e.g. FERS and CSRS governing civil service retirement and the militarys TRICARE health program), and the legal and financial impact of a mobile lifestyle on adults and children. These families are often members of the United States Armed Forces or work for the U.S. government or companies who assign their employees throughout the world. Visiting scientists or academic personnel also contend with these issues. For these families relocation and alimony are critical issues with high emotional content. Often one spouse is unable to have a financially rewarding career due to the other spouses demanding career; what remedies are available to allow a spouse to catch up and obtain financial independence after the partnership dissolves? Children often form friendships and networks in Hawaii and are often reluctant to leave a familiar school and neighborhoodespecially when the children are also dealing with the divorce of their parents. What is best for them? What happens when one parent has been the desired financial partner and has established a career and personal network here and wants to permanently remain in Hawaii, while the other parent must relocate for work at the end of his/her tour of duty here? Having come to Hawaii in 1989 as a Navy wife and a reserve Navy judge advocate (and former NCIS special agent), I understand the many multi-faceted issues these families face and provide my clients with compassionate counseling and sound legal advice. For more information on family law, please call Judy at 531-8031 ext 617, email her at jas@hawaiilawyer.com or scan the code with your smartphone.
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The 2013 Damon Key Legal Film Festival

September 14-20, 2013 Honolulu Museum of Art Doris Duke Theatre

t Damon Key, we love movies almost as much as we love practicing law. This September, we again have the opportunity to combine two of our favorite things, as our firm again partners with the Honolulu Art Museum's Doris Duke Theater to stage the second year of a film festival devoted to movies about law and lawyers.

More about the Festival, including reviews of the movies to be shown and information on ticket purchases is available at our blog www.lawinfilm.com.
Each film will be introduced by a Damon Key lawyer, who will lead a question-and-answer session following each screening. As in our 2012 festival, well kick off with an Opening Night screening featuring the Hawaii premiere of an award-winning film. Hannah Arendt, a film centered on the 1961 trial of Nazi Adolf Eichmann and Arendts controversial reporting. Barbara Sukowa won Germanys version of the best actress Oscar for her performance as Arendt. The New York Times raved the film is ardent and intelligent, and the Los Angeles Times said Sukowas performance in the title role is the kind that reverberates long after the screen goes black.

The series, Let's Film All the Lawyers, runs from Saturday, September 14 through September 20, and features three diverse films that share a consistent theme: each highlights how lawyers serve a critical role in resolving some of our most pressing issues. The films have been selected by Damon Key lawyers and the curators of the Doris Duke Theatre to emphasize this theme, as well as to please a diverse audience.
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Well show the film after a 6:00 p.m. reception and cocktail hour at the Museum's cafe with our guests and friends. You are all invited, of course! The following days will feature two legal classics. The first, 12 Angry Men, an epic legal drama that takes place almost entirely in a small New York jury room as the men consider the fate of a defendant charged with murder. With only one not guilty vote in a preliminary tally, a riveting experience unfolds as one-by-one the men are
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compelled to consider more carefully the evidence presented. Starring Henry Fonda and an instantlyrecognizable all-star cast, the film gives its audience a lesson on the importance of a fair trial and the presumption of innocence. The #2 film on the American Bar Association Journals Top 25 Legal Movies. Our next film is the new classic My Cousin Vinny. A subtle take on To Kill a Mockingbird, this film effortlessly blends humor, a murder mystery, and a fish-out-of water tale. Joe Pesci is Vincent Gambini, a New York lawyer lacking both trial experience and social grace. He fumbles his way through the process of defending his cousin and a friend who are charged with robbery and murder in a small southern town. Dealing with a cranky judge, reluctant witnesses, and his own fiance (Academy Award winner Marisa Tomei), Vinnys first experience in the courtroom is problematic from beginning to end. Selected as #3 on the ABA Journals list of Top 25 Legal Movies for its surprising legal accuracy. (The film is rated R.) We hope you can join us again as we celebrate law and film!

Heres the schedule: Opening Night Reception Saturday, Sept. 14, 6 p.m. Hannah Arendt (Hawaii Premiere) Saturday, Sept. 14, 1 p.m. and 7:30 p.m. Tuesday, Sept. 17 and Friday, Sept. 20, at 7:30 p.m. Directed by Margarethe von Trotta. Germany, 2012, 113 mins. 12 Angry Men Sunday, Sept. 15, 4 p.m. Tuesday, Sept. 17, 1 p.m. Thursday, Sept. 19, 7:30 p.m. Directed by Sidney Lumet. USA, 1957, 96 mins. My Cousin Vinny Sunday, Sept. 15, 7:30 p.m. Thursday, Sept. 19, 1 p.m. Friday, Sept. 20, 1 p.m. Directed by Jonathan Lynn. USA, 1992, 120 mins. For more information on this article, please email Robert Thomas at rht@hawaiilawyer.com or scan the code with your smartphone.

Did You Know

he Damon Key Leong Kupchak Hastert 50th Anniversary T-Shirt has made its way to Alaska and Connecticut?

Ken Kupchak received a photo from his granddaughters in Connecticut standing proud in their 50th anniversary t-shirts.

On a cruise to Alaska, Denis Leong and his family planned their side tour for a train ride from Skagway, Alaska. Along the route, they found gold and the perfect spot to take their family photo.
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2013 Legislative Update

he 2013 Hawaii State Legislature Regular Session concluded with 288 bills becoming law. Here are a few notable developments. PV Renter Bill (Act 261). Historically, a landlord who installed a renewable energy By Christopher Pan system, like PV, on their property and sold the electricity to their tenants or lessees could have fallen under the definition of a public utility, with all the concomitant burdens and responsibilities. Act 261 exempts landlords and lessors from that definition, allowing them to provide, sell or transmit electricity from a renewable energy system to their tenants or lessees under certain conditions. Those conditions include, among others, that the initial rate charged to the tenant for electricity is not more than the then effective rate from the electric company, and that the rate schedule is established for the duration of the lease and included in the lease agreement. Security Deposit for Pets (Act 206). The Residential Landlord-Tenant Code has been amended to provide that if a landlord allows pets, the landlord can require an additional security deposit up to one months rent from a tenant with a pet, other than an assistance animal. Act 206 is effective for rental agreements entered into on or after November 1, 2013. Distracted Driving (Act 74). Hawaii becomes the 40th state to ban texting while driving, and the 11th state to ban handheld cell phone use while driving. The use of a hands-free electronic device, like a Bluetooth headset, is permitted for adults, but drivers under the age of 18 are prohibited from even hands-free devices. Seat Belts (Act 73). All front seat and all back seat occupants are now required to wear a seat belt. Buckle up! Breastfeeding in the Workplace (Act 249). Employers are required to provide a reasonable break time for an employee to express milk for a nursing child for one year after the childs birth, each time the employee has a need to express milk. In addition, the employer must provide a location for the employee, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. Employers are required to post conspicuous notice and use other appropriate means to keep employees informed of their protections. A sample notice for posting is available at the Hawaii Department of Human Services website (www.humanservices.hawaii. gov/civil-rights-corner). Companies with less than 20 employees may be exempt if they can show the requirements would pose an undue hardship. Violations of the law can result in a $500 fine for each violation, and civil actions for damages and injunctive relief. Payroll Records and Pay Statements (Act 70). Effective January 1, 2014, in addition to their current payroll records, employers will be required to keep records of employees rates of pay and provide employees with specific wage information on pay statements. Additional information required in payroll records include rate or rates of pay of each employee and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis; gross wages, deductions; allowances, if any, claimed as part of the minimum wage, and net wages. Additional information required on pay statements issued to employees include rates of pay and the basis thereof and the employers address and telephone number. Sunset of Act 105 from 2011. In 2011, Act 105 suspended numerous General Excise Tax exemptions and deductions for certain persons and business activities, subjecting them to the 4% General Excise Tax. Prominent on the list were sublessors that deducted amounts paid to lessors from rental income received from sublessees and the subcontractors deduction, the anti-pyramiding relief available to contractors for amounts received from subcontractors. Act 105 sunset on June 30, 2013. Beginning July 1, 2013, all General Excise Tax exemptions and deductions suspended under Act 105 will once again be available.

Legislative Update

For more information on this article, please call Christopher at 526-3612, email him at cp@hawaiilawyer.com or scan the code with your smartphone.
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The Damon Key Leong Kupchak Hastert Emergency Checklist

By Diane D. Hastert

veryday life is complicated. When we die or become incapacitated, someone has to unravel the puzzles we have created. It can be heartbreaking, time consuming and expensive. This is how to avoid the disarray. First, everyone should have current, appropriate estate documents. These may include wills, trusts, durable powers of attorney, and advanced health care directives.

Second, if you complete the following checklist, you will save those responsible for sorting the fragments of your life countless hours. We recommend: (1) this information be stored only in a single hard copy or on a flash drive kept in a safe deposit box or other secure storage; and (2) you place a letter in your files in your attorneys office stating where the information is located and how it can be accessed. The information should be updated periodically. This checklist is also available in electronic format on our website (http://bit.ly/19CTtj1). You can download and use it as a template. I have actually compiled this information. Having it organized affords tremendous peace of mind.
PEOPLE o Who should be notified when you are incapacitated or die? For each, list contact information1 and their relationship to you. PERSONAL IDENTIFIYING INFORMATION o Birth certificate where is original or copy? o Passport: Issuing country? Number? o Social Security: Name? Number? o Drivers license: Issuing state? Number? o Global Entry number? o Military Identification number? Location of DD-214 entitling former military to burial benefits? ATTORNEYS o List each of your attorneys and their contact information. o Location of your current will; trust(s); durable power of attorney; and advanced care directive? ACCOUNTANT/TAX PREPARER o List each of your accountants and tax preparers and their contact information. o Locations of copies of your last 5 years tax returns? FINANCIAL ADVISORS & INVESTMENTS o List each of your financial advisors and their contact information. o List each of your investment accounts and their contact information.. For each, provide log-in identification and password. o Location of inventory of your investments, assets, liabilities, etc.? BANK/ FINANCIAL INSTITUTION ACCOUNTS o For each account: Name of institution? Branch where account was opened? Name(s) on account? Number of account? Type of account? Log-in identification and password? PIN number? SECURED STORAGE o Safe deposit box: Location? In whose name(s)? Location of key? o Safe: Location? Combination? Location of key? o Storage Unit: Location? Access code? Combination? Location of key? INSURANCE POLICIES (auto; homeowners; excess liability; life; health; long term care; etc.) o For each policy: Name of carrier? Policy number? Contact information? Location of copy of policy? AUTOMOBILE TITLE o For each: Make/model/year? Customary location? Location of title? CELL PHONE/TABLET ACCOUNTS o For each: Device? Number? Name on account? Carrier? Contact information? MORTGAGE/LONG TERM DEBT o For each: Holder of debt? Contact information? Location of promissory notes, mortgages, etc.? CHARGE ACCOUNTS o For each, list: Name of issuer? Name on account? Account number? Contact information? RECURRING OBLIGATIONS o For each, list: Name of payee? Whether paid automatically or manually? If automatic, contact information for cancellation/modification. DOCTORS o For each, list: Name? Contact information? MEMBERSHIPS o For each, list: Name? Contact information? SUBSCRIPTIONS o For each, list contact information for cancellation/modification.

1 Contact information should include telephone number, address, mobile number and email address.

For more information on this article, please call Diane at 526-3620, email her at ddh@hawaiilawyer.com, or scan the code with your smartphone.
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Damon Key Celebrates 50th Anniversary with Service at Lyon Arboretum

n June 22, 2013, the firms lawyers, staff, family and friends assisted with the installation of Ulu, Lyon Arboretums newest display garden, which educates homeowners on ways to create beautiful and environmentally-friendly urban spaces. The service activity was part of the firms year-long service initiative in celebration of our 50th anniversary, reflecting our commitment to the people and community of Hawaii.

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PRESORTED STANDARD U.S. POSTAGE HONOLULU, HI PERMIT NO. 985

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A D V E R T I S I N G

M A T E R I A L

Legal Alert is published periodically by Damon Key Leong Kupchak Hastert to inform clients of legal matters of general interest. It is not intended to provide legal advice or opinion.

Attorneys in the News

Christine A. Kubota, has been appointed to the Board of Directors for the Japanese Cultural Center of Hawaii. Christopher Pan has been appointed Vice-Chairman of the Oahu Advisory Board for Best Buddies Hawaii. Best Buddies Hawaii is a nonprofit organization dedicated to creating opportunities for one-to-one friendships, integrated employment and leadership development for people with intellectual and developmental disabilities. Robert H. Thomas will be speaking at The Taking Issue 40th Annual Symposium at Touro Law School in New York in October. This conference features many of the biggest names in land use, regulatory takings, and eminent domain law, and celebrates the 40th anniversary of the publication of one of the leading books on these issues. Later that month, Robert will be attending the 10th annual Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia. The Conference is a gathering of property law scholars and practitioners to discuss the latest developments in property rights, and to award the Brigham-Kanner Prize to Professor Thomas Merrill of Columbus Law School, one of Roberts alma mater.

Best Lawyers and Lawyers of the Year for the city of Honolulu have been announced. Robert H. Thomas has been named as Lawyer of the Year in the area of Eminent Domain and Condemnation Law. Damon Key has nine attorneys on the Best Lawyers list:

Diane D. Hastert Commercial Litigation Christine A. Kubota Corporate Law Gregory W. Kugle Construction Law, Land Use & Zoning Law Kenneth R. Kupchak Construction Law, Corporate Law, Eminent Domain and Condemnation Law, Litigation-Construction, Litigation-Land Use & Zoning Mark M. Murakami Eminent Domain and Condemnation Law, Land Use & Zoning Law James C. McWhinnie Commercial Litigation, Personal Injury Litigation-Defendants Anna H. Oshiro Construction Law Douglas W. Smith Trusts & Estates Robert H. Thomas Eminent Domain and Condemnation Law, Land Use & Zoning Law