Elijah Yip

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Mr. Yip is a litigation partner practicing in the areas of commercial and business litigation; First Amendment rights, media, and open government law; and administrative law. He also advises on environmental and health law matters. Mr. Yip chairs the firm's Health Law practice group. Prior to joining Cades Schutte, Mr. Yip clerked for U.S. District Judge Samuel P. King of the U.S. District Court for the District of Hawaii. He has taught at the William S. Richardson School of Law as an adjunct professor. Mr. Yip is fluent in Cantonese.

REPRESENTATIVE ENGAGEMENTS Health Law Conducted investigation into major hospital organization's compliance with federal anti-fraud regulations in connection with acquisition of physician's practice Advised medical information service provider on applicability of Electronic Health Records (EHR) safe harbor in connection with agreement to provide EHR software and training to major Hawaii health organization. First Amendment, Media, and Open Government Law Obtained recovery for individual and business who were the subject of defamatory blog postings Successfully challenged government agency's interpretation of exception to open meetings requirement under State Sunshine Law. Right to Know Committee v. City Council, ___ Hawaii ____, ___ P.3d ___ (App. 2007). Helped major Honolulu newspaper to obtain access to sealed court records in whistleblower action against a municipal employer. Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). Environmental Law Represented coalition of transportation providers in lawsuit challenging EIS for public transit project. Helped publicly-traded retail company navigate through requirements of NEPA and HEPA in connection with development of new store. Developed strategies to pre-empt legal challenges to project under HEPA. Assisted major Kauai landowner in procuring an NPDES permit. Commercial, Business, and Land Use Litigation Won summary judgment and Ninth Circuit affirmance on claims to enforce judgment against judgment debtor and its partners and successors-in-interest. Obtained reversal of County of Hawaii Planning Commission's decision to deny Special Management Area permit to developer of proposed condominium project. Assisted in defense of publicly-traded company in consumer fraud class action.

EDUCATION J.D., summa cum laude, William S. Richardson School of Law, University of Hawaii B.A. with distinction, University of Hawaii at Manoa

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

AWARDS AND HONORS Board of Regents Scholar (University of Hawaii at Manoa) Co-Editor-in-Chief, University of Hawaii Law Review Member of national championship team, National Environmental Moot Court Competition (1999) Salutatorian of law school class

PUBLICATIONS Jeffrey S. Portnoy, Peter W. Olson, and Elijah Yip, Privilege Compendium (Hawaii chapter) (Reporter's Committee for Freedom of the Press: 2007) Jeffrey S. Portnoy, Peter W. Olson, and Elijah Yip, Mass Communication Law in Hawaii, (New Forum Press: 2003) Elijah Yip & Eric K. Yamamoto, "Justice Ruth Bader Ginsburg's Jurisprudence of Process and Procedure," 20 U. Haw. L. Rev. 647 (1998)

MEMBERSHIPS/ACTIVITIES Hawaii State Bar Association American Bar Association McKinley High School Foundation (Director, 2002-present) Good Shepherd Lutheran Church (2002-2006; President: 2003-2006) Mauka-Makai Ministries (President: April 2007 - present) HisBiz Ministries (Secretary: October 2007 - present)