Kristin S. Shigemura

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Ms. Shigemura is a partner in the firm's litigation Department. Ms. Shigemura has extensive litigation and alternative dispute resolution experience in a wide variety of legal matters with concentration in labor and employment, medical malpractice, and health care. Ms. Shigemura represents some of Hawaii's largest public and private employers in all aspects of their labor and employment needs. Prior to joining Cades Schutte, Ms. Shigemura served as a law clerk to the Honorable Marie N. Milks, Circuit Court of the First Circuit, State of Hawaii.

REPRESENTATIVE ENGAGEMENTS Employment/Labor law: Representation of employers for state and federal EEOC and HCRC claims and civil lawsuits alleging violations of Title VI, 42 U.S.C. §§ 1983, 1981, Americans with Disabilities Act, the Rehabilitation Act, Hawaii Whistleblower's Protection Act, H.R.S. Ch. 378, and retaliation claims. Representation of employers in coordination and resolution of employees' various civil, administrative, collective bargaining, unemployment insurance, FMLA and worker's compensation claims. Representation of employer in class action discrimination claim involving allegations of retaliation and national origin discrimination. Successful defense of grievance arbitrations involving discipline and termination of employees for workplace violence, patient abuse, sexual harassment and other misconduct. Successfully challenged the constitutionality of the Hawaii Civil Rights Commission's "right to sue" procedures, ensuring jury trials for employers on employment discrimination claims in SCI Management v. Sims, 101 Hawaii 438, 71 P.3d 389 (2003). Litigation involving breach of independent contractor agreements and non-compete agreements. Conducting employee investigations Drafting of employee handbooks and policies and training/counseling of management and staff regarding risk avoidance and proactive management practices. Health Law: Conducting investigations for hospital system for compliance with federal CMS and Anti-kickback regulations. Advising major hospital system administration and medical staff in peer review proceedings, corrective action, and bylaw review. Insurance Defense and Professional Liability: Successful defense of hospitals and physicians in medical malpractice litigation in state and federal courts. Defense of manufacturers and retailers in products liability cases involving strict liability, product defects and mass tort liability. Commercial and Real Estate Litigation: Enforcement of major shopping mall tenant's lease covenants against landlord who had violated exclusive use provisions. Successfully argued client's challenge to County requirement of conditional use permit for cellular antennae in Conservation District. Trademark litigation involving cybersquatting forcing the transfer of infringing domain names to client. Enforcement of easement and right of way in residential and commercial properties. Creditors' Rights: Represented major lender in commercial foreclosure where debtor attempted to evade collection through multiple bankruptcies, shell corporations and fraudulent practices. Residential foreclosures, workouts, and judgment collection for several of Hawaii's major banks and mortgage lenders.

EDUCATION Georgetown University Law Center, cum laude, J.D. (1997) University of California at Berkeley, B.A. (1994)

ADMISSIONS Hawaii State Bar United States District Court for the District of Hawaii United States Circuit Court of the Ninth Circuit

MEMBERSHIPS/ACTIVITIES Hawaii State Bar Association Federal Bar Association American Bar Association Board of Directors Iona Contemporary Dance Theatre 2003-present Board of Directors Legal Aid Society of Hawaii 2008-present Halau Na Mamo O Pu'uanahulu