Other Focus Areas
M4's appellate practice lawyers area are recognized and talented advocates with a strong record of success. Our appellate attorneys thrive on difficult, groundbreaking cases. They excel in mastering the factual and legal details of novel and often complex litigation, and communicating our clients' positions through clear and persuasive writing and oral argument.
We have represented appellants, appellees and amici in a wide array of substantive areas, including land use, professional malpractice, consumer law, constitutional law, business torts, native Hawaiian rights, administrative law, insurance defense and tax law, and in federal and state appellate courts, including both the Hawaii and United States supreme courts. We serve not only clients whom we represented at trial, but clients who have retained us specifically for our demonstrated appellate experience.
Hawaii constitutional law is a unique blend of western thought and traditional customs. As such, it can be a complex and confusing area of law. McCorriston Miller Mukai MacKinnon LLP offers an experienced group of attorneys who have represented both plaintiffs and defendants in a wide range of constitutional matters in Hawaii. Our attorneys handle a variety of constitutional claims, including equal protection, eminent domain, right to privacy, and due process issues.
M4 recognizes the importance of contributing its financial support, as well as the time, energy and talent of its attorneys, to the local and legal community. M4 supports a variety of philanthropic, charitable service and pro bono activities so that our lawyers can pursue those commitments they find most meaningful. Our attorneys are actively involved in a wide range of civic activities, including mentoring programs for high school through law school-aged students, participation in the Hawaii State Bar Association, and service on the boards of directors of charitable and civic organizations. Giving back in these ways helps us grow as professionals and individuals committed to vibrant and enduring careers in Hawaii.
M4 has extensive experience in the environmental law area. The Firm's Environmental Practice Group provides a broad range of expertise to clients affected by environmental regulations and environmental issues in business transactions and litigation matters, and has represented a diverse mix of environmental clients, including landowners, lessees, financial institutions, construction and design professionals, landfill operators, as well as large and small quantity hazardous waste generators.
The Firm's Environmental Practice Group team has extensive expertise in representing clients and handling environmental matters involving the State of Hawaii Department of Health, U.S. Environmental Protection Agency and its regional offices, U.S. Fish and Wildlife Service, State of Hawaii Land Use Commission, the State of Hawaii Office of Planning, and various County planning departments and agencies. The Environmental Practice Group is experienced in negotiations with administrative agencies, litigation in contested case hearings and court proceedings, as well as providing legal advice in all aspects of environmental regulations for business and property transactions.
The Firm can assist clients in (1) environmental management of businesses and facilities, including legal services for regulatory compliance and reporting; (2) environmental impact statements, environmental permitting including working with environmental consultants in preparation of required reports and applications for permits under RCRA, FIFRA, Clean Air Act, Clean Water Act (NPDES and NPS - Storm Water Permits), SARA Title III, and State of Hawaii Land Use and Coastal Zone Management Rules; (3) environmental litigation, including administrative proceedings, criminal investigations, citizens suits and lawsuits and (4) environmental issues in real estate transactions including real estate acquisition and sales, leasing and condominium transactions, construction contracting, title matters, land use, financing workouts, and regulatory compliance matters.
Our attorneys have expertise in assisting clients with environmental management of their businesses and facilities, including legal services for regulatory compliance and reporting. We have provided legal assistance to clients with environmental audits, environmental assessments, risk management analysis, regulatory compliance under various environmental laws, including hazardous waste regulations, underground storage tanks, asbestos and occupational safety and health laws. We have also assisted clients with remediation of affected properties, including hazardous waste and unexploded ordinance (UXO) removal.
We have assisted clients in all aspects involved with environmental permitting, including working with environmental consultants in preparation of required reports and applications for permits under RCRA, FIFRA, Clean Air Act, Clean Water Act (NPDES and NPS - Storm Water Permits), SARA Title III, and State of Hawaii Land Use and Coastal Zone Management Rules, and environmental impact statements under the Hawaii EIS Law and Federal National Environmental Policy Act.
Our attorneys are experienced in a full range of environmental litigation services, including administrative proceedings, criminal investigations, citizens suits and lawsuits involving underground storage tanks, hazardous waste cleanup and remediation, cost recovery and cost allocation, asbestos remediation, Endangered Species Act, Clean Water Act, Solid and Hazardous Waste Act (RCRA), and environmental impact statement related issues. We also have extensive experience in handling toxic tort and environmental product liability litigation cases.
The estate planning and probate group concentrates on the areas of estate planning, probate, elder law, and estate/trust administration. Services encompass estate tax planning and preparation of estate planning instruments, including trusts, wills and estate planning entities such as family limited partnerships. The Group is involved in domiciliary and ancillary probate matters and counsels clients in Medicaid and other planning areas affecting senior citizens.
M4 is routinely involved in the representation of clients in virtually all phases of federal, state and county administrative agency and executive department actions. This includes agency and departmental investigations, and adjudicative rulemaking, licensing and penalty actions. This area of the Firm's practice also includes the representation of clients in state and federal court actions seeking to mandate agency actions, to enjoin proposed or pending agency actions and seeking to overturn, or support final agency determinations. In addition, the Firm represents clients before federal and state administrative agencies and departments to obtain advisory opinions and rulings on matters of interest to particular clients.
On the other side of the coin, State agencies and every county government of the State has retained the Firm in specialized matters because of its recognized expertise.
M4's Health Care Practice Group provides corporate, regulatory, and civil litigation services to health industry clients. The health care marketplace is marked by considerable competition and dramatic regulatory change. Our firm combines lawyers from several practice areas to provide business and legal solutions in the context of these market demands and evolving regulatory framework.
Litigation and Regulatory Compliance
- Our health care litigators provide specialized representation in regulatory investigations, administrative hearings, and complex litigation in state and federal courts. Litigation representation includes the following:
- Representation concerning Hawaii's Unfair and Deceptive Trade Practices Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Health Insurance Portability and Accountability Act (HIPAA).
- Counseling regarding State of Hawaii Insurance Division disputes and regulatory audits.
- Advice related to the Patient Protection and Affordable Care Act (PPACA). Assistance with understanding and implementing PPACA's complex provisions, rules and effective dates.
- Assistance with claims disputes, eligibility determinations and fraud investigations.
- Internal and external appeals; Independent Review Organizations (IROs).
Corporate / Business
- Provide assistance and advice to clients regarding government contracting procedures and requirements, contract and program administration and compliance with the federal and state procurement regulations and codes, and interface with federal and state agencies including the U.S. Department of Health and Human Services, the State of Hawaii Department of Human Services and the State of Hawaii Department of Health.
Native Hawaiian Rights
Native Hawaiian law is a complex and unique practice area at the crossroads of government, regulatory, financial, social, and cultural issues. McCorriston Miller Mukai MacKinnon LLP attorneys have extensive experience advising private clients and governmental agencies on how to address and resolve issues involving many areas of Native Hawaiian law, including but not limited to kuleana rights, land use disputes, real estate transactions, and access and development projects relating to sacred, historical, and cultural sites.
Procurement / Government Contracts
M4 advises clients of all sizes regarding state and county government contracting. Government procurement is an increasingly attractive revenue generator for many of our clients, and we are well versed in the nuances of Hawaii's Procurement Code. Our practice includes government procurement, government contract disputes, permitting and regulation enforcement, zoning and land use, and litigation.
Professional Liability and Licensing
M4 has represented a wide variety of clients, including attorneys, physicians, dentists, hospitals, architects, engineers and real estate professionals, and their insurance companies, in civil, criminal and administrative (licensing) proceedings. These are often publicity sensitive cases, and we are capable of managing such matters quietly. When the press has taken an interest in the matter, we work closely with outside public relations personnel to supervise and direct any press coverage.
The Firm's public finance group offers a full range of legal services in bond financings by state and local government agencies and authorities. The attorneys in this group have extensive experience in handling tax-exempt and taxable bond financing transactions for a wide variety of facilities and projects, including public buildings, streets, water and sewer facilities, primary and secondary schools, college and university facilities, economic development projects, housing facilities and health care facilities. The combined resources of the Firm's other practice groups are also available to public finance clients to ensure that their particular needs and circumstances are addressed appropriately in the context of their financing plans.
The Firm's public finance attorneys have played key roles in numerous bond financing transactions, serving variously in these transactions as bond counsel, special counsel to state and local bond issuers, underwriter's counsel, counsel to bond trustees, counsel to nonprofit organizations and private developers of bond-financed facilities and counsel to credit enhancement or liquidity support providers for bond issues. In these roles, they have had significant responsibilities in all aspects of bond financing transactions, including: development of appropriate financing plans and structures; compliance with state bond laws and with federal and state tax and securities laws; negotiation and preparation of principal financing and security documents, credit enhancement and liquidity support documents, and bond underwriting or placement agreements; and preparation of official statements and other bond offering circulars used in the marketing of bond issues.
M4 has extensive experience in litigating issues regarding real property taxation assessments, with an emphasis on general excise taxes and transient accommodations taxes. The Firm has successfully represented diverse players in Hawaii's time share industry.
White Collar Criminal Defense
M4 has substantial experience defending clients in white collar criminal matters. From the initial stages of investigation, through trial, and any appeal, the Firm provides its clients effective legal representation. In an increasingly regulated society, the Firm's experience has expanded to include representing clients in securities, tax, health care, immigration, and environmental prosecutions.
The practice group is led by William C. McCorriston, and includes attorneys with significant criminal trial experience in the Federal and State Courts of Hawaii. This diverse group of attorneys contains former Assistant United States Attorneys, former Honolulu Prosecutors, and a former Associate Justice of the Hawaii Supreme Court. The practice group's experience and diversity promotes creative and dynamic problem solving, resulting in the effective and successful representation of clients.