Daniel H. Devaney

Partner

Dan enjoys working with closely-held businesses, especially those desiring to reorganize ownership and management structure. During his entire legal career, he has been interested in and actively involved with third-party legal opinions that are often required in financial transactions.

 

Dan has been with the firm since 1991 and is a partner in the firm’s Corporate and Business Law Department. The areas of his business law practice include organization of business corporations, churches and nonprofit corporations, limited liability companies, and other entities; dealing with dissolved, terminated, or expired entities; business contracts, mergers and acquisitions, corporate finance, third-party legal opinions, and general business counseling.

Dan has drafted amendments of and has testified as to proposed amendments of Hawai‘i’s entity laws. He has authored articles on and spoken about Hawai`i business organizations and opinion letter issues.

At UCLA Dan helped advise the Japanese American National Museum regarding its organizational structure and its transition from initial management by Nisei (second generation Japanese-Americans) to Sansei, Yonsei (third and fourth generations), and others. Dan served as Business Manager for the Pacific Basin Law Journal.

As a senior at Dartmouth, Dan sought and obtained College recognition of an apartment for students of Mandarin Chinese to live and practice their language skills. While a sophomore year at Dartmouth, Dan was among the first American students to study for a school year in the People’s Republic of China and obtained permission to travel to Hainan Island and other areas formerly “closed” to foreigners.

Since as early as 1978, Dan has been a fan of Alfa Romeo automobiles. His current daily driver is a red 1967 Giulia Super sedan, and he is Always Looking For Another.

  • Counsel to diversified multi-national company in connection with US corporate financing, reorganizations and corporate governance
  • Special Hawai‘i counsel to hotel owners and hotel managers in connection with real estate financing in the United States and abroad
  • Special Hawai‘i counsel to petroleum and petrochemical manufacturer in connection with loan agreements and note offerings
  • Co-counsel to tax-exempt organization in connection with termination of its members which termination was unsuccessfully challenged in federal court
  • Local Hawai‘i co-counsel to hospital in connection with its acquisition by a healthcare organization
  • Counsel to tax-exempt organization in connection with its acquisition by another nonprofit
  • Co-counsel to petroleum company in connection with its acquisition by an industry member
  • Successfully argued motion for injunctive relief, in a divorce action between husband and wife, each a 50% shareholder and director, to prevent spouse from frustrating client’s “reasonable expectations” concerning the conduct of the business

Education

  • J.D. (1991), University of California, Los Angeles, School of Law
  • M.B.A. (1991), University of California, Los Angeles, Anderson School of Management
  • A.B. Asian Studies Major (1984), (Thesis: “Sino-Latin American Relations”), Dartmouth College, with high honors, cum laude
  • Certificate (1981-82) , Beijing Normal University
  • Certificate (1981), Tianjin Nankai University

Admissions

  • Hawaii State Bar (1991)
  • United States District Court for the District of Hawaii (1991)

Memberships

  • Committee on Legal Opinions in Real Estate Transactions, Real Estate Financing Group, Real Property, Trust and Estate Law Section of the American Bar Association (2012-present)
  • Legal Opinions Committee of the Business Law Section of the American Bar Association (2006-present)
  • Audit Response Committee of the Business Law Section of the American Bar Association (2011-present)
  • Opinion Committee of the Real Property and Financial Services Section of the Hawai`i State Bar Association (2014, 2000)
  • DCCA (Business Registration Division) Work Group (c. 1998-c. 2006)
  • Hawai`i State Bar Association (Business Law Section) (former secretary and treasurer) (1991-present)
  • American Bar Association (1991-present)

Community Involvement

  • Dartmouth Club of Hawai`i, Vice President and Director (2007-2014)
  • “2014 Real Estate Finance Opinion Update,” Opinion Committee of the Real Property and Financial Services Section of the Hawaii State Bar Association (2014) (committee member)
  • “Directors and Officers” and “Foreign Corporations,” Corporations Manual, Hawaii State Bar Association, Continuing Legal Education (2011)
  • “Model Limited Liability Company Membership Interest Redemption Agreement,” Subcommittee on Limited Liability Companies, Committee on Partnerships and Unincorporated Business Organizations, ABA Section of Business Law, 61 Bus. Law. 1197 (2006) (contributor)
  • “Doing Business in States other than the State of Incorporation (Hawai‘i),” BNA Corporate Practice Series No. 84 (2006)
  • “Real Estate Transactions Involving Legal Entities,” Advanced Principles of Title Insurance in Hawai‘i, National Business Institute (2003)
  • “Directors and Officers,” Corporations Manual, Hawaii State Bar Association, Continuing Legal Education (2002)
  • Hawai‘i 2000 Report Regarding Lawyers’ Opinion Letters In Mortgage Loan Transactions, 22 U. Haw. L. Rev. 347 (2000) (committee member)
  • “Privacy Rights: Drug Testing by Hawai`i Employers,” Pacific Business News Supplement (June 22, 1998)
  • “Supreme Court Clarifies Application of Work Made for Hire Doctrine,” 8 Software Protection (June 1989)

Speaking Engagements

  • Real Property Law—Opinion Letters, Hawai‘i State Bar Convention (2014, 2000)
  • Business Entities (2012)
  • Real Estate Transactions Involving Legal Entities (2003)