Colin O. Miwa

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Mr. Miwa is a partner practicing in the Construction Law and Litigation, Creditors' Rights, and Intellectual Property practice groups. His practice concentrates on commercial and general business litigation, including litigation of lender liability claims, trademark, copyright, and patent disputes, and arbitration of construction delay and defect claims.

REPRESENTATIVE ENGAGEMENTS Commercial and General Business Litigation    Construction Disputes and Related Matters Lead trial counsel for general contractor defending against claims filed by the City and County of Honolulu for defective construction of various public swimming pools and golf course facilities (Settled in 2007). Lead trial counsel for general contractor in collection action filed by steel framing subcontractor despite claims of subcontractor's defective installation (Settled in 2007). Representation of developer in resolving claims against well drilling contractor for negligent installation of fresh water well pump and related work (Settled in 2007). Representation of developer of residential subdivision against homeowner claims of defective grading and related soils work (current). Representation of homeowner against contractor's mechanic's lien action; successfully expunged lien for defective renovation work (2007-2008). Representation of various parties in connection with numerous contracts for design and construction services.    Commercial Law and Litigation Lead trial counsel for plaintiffs in a five-week state court jury trial, obtaining a $1.6 million judgment for terminated insurance agents against one of Hawaii's largest companies. Affirmed on appeal. See Porter, et al. v. Hu, et al., 116 Haw. 42, 169 P.3d 994 (Haw. App. 2007). Representation of anchor retailer in state court litigation against institutional owners of state's largest shopping center. Representation of large Waikiki landowner in state and federal court litigation against tenants. Representation of landowners in negotiation and documentation of contracts relating to construction of various projects, including major commercial projects and shopping centers.    Lender Liability Lead counsel for a large Japanese financial institution in state court foreclosure litigation involving receivership over Waikiki hotel and negotiation of property sale. Defense trial counsel for largest Japanese bank in major lender liability litigation against a Japanese real estate developer. Lead trial counsel for local lender in state court action, defending against lender liability claims based on an alleged failure to monitor construction. Lead trial counsel for state's largest bank in state court action, defending against various lender liability claims alleged by a Hawaii real estate developer.    Trademark and Other Intellectual Property Disputes Lead trial counsel for local clothing retailer in trademark infringement action against mainland clothing wholesaler, obtaining preliminary injunction in federal court. Lead trial counsel for a large publicly-listed Hawaii company in various federal court trademark infringement actions and in domain name arbitrations. Representation of various companies in connection with patent disputes. Representation of Hawaii fabric designer pursuing various copyright infringement claims.

EDUCATION J.D. (1981), Georgetown University B.A. Political Science (1978), Stanford University, with honors

ADMISSIONS Hawaii State Bar (1981) United States District Court for the District of Hawaii United States Court of Appeals for the Ninth Circuit

PUBLICATIONS American Bar Association Tax Law Journal (Associate Editor)

MEMBERSHIPS/ACTIVITIES Hawaii State Bar Association American Bar Association American Judicature Society