Colin O. Miwa

Partner

Colin is a partner practicing primarily in the Intellectual Property, Construction Law and Litigation, and Creditors’ Rights Practice Groups.

His practice concentrates on commercial and general business litigation, including litigation of trademark, copyright, and patent disputes, lender liability claims, and arbitration of construction delay and defect claims.

Commercial and General Business Litigation

Patent, Trademark and Other Intellectual Property Disputes

  • Lead trial counsel defending local airline in patent infringement action filed in U.S. District Court for the Eastern District of Texas.
  • Lead trial counsel defending local coffee product manufacturer in patent infringement action filed in the U.S. District Court for the District of Hawai`i.
  • Lead trial counsel defending MMA production and marketing company in trademark infringement action filed in USDC Hawai`i, defeating opposing party’s attempt to obtain preliminary and permanent injunctive relief.
  • Local co-counsel for U.S. automobile manufacturer in trademark infringement action filed in USDC Hawai`i, defeating opposing party’s attempt to obtain preliminary injunctive relief.
  • Lead trial counsel for local clothing retailer in trademark infringement action against mainland clothing wholesaler, obtaining preliminary injunction in USDC Hawai`i.
  • Lead trial counsel for a Hawai`i real estate and resort services company in various federal court trademark infringement actions, domain name arbitrations, and administrative proceedings before the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board.
  • Representation of various companies in connection with patent disputes.
  • Representation of Hawai`i fabric designer pursuing various copyright infringement claims

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.
  • Lead trial counsel for general contractor in collection action filed by steel framing subcontractor despite claims of subcontractor’s defective installation.
  • Representation of developer in resolving claims against well drilling contractor for negligent installation of fresh water well pump and related work.
  • Representation of developer of residential subdivision against homeowner claims of defective grading and related soils work.
  • Representation of homeowner against contractor’s mechanic’s lien action; successfully expunged lien for defective renovation work.
  • Representation of various parties in connection with numerous contracts for design and construction services.

Commercial Law and Litigation

  • Lead counsel in arbitration of commercial lease dispute regarding hospital lessee’s repair and maintenance covenants, obtaining favorable award for the lessor.
  • 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 Hawai`i’s largest companies. Affirmed on appeal. See Porter, et al. v. Servco Pacific Inc, 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 Hawai`i real estate developer.

Awards

  • Super Lawyers, Business Litigation, 2015 – 2016
  • IP Star by Managing Intellectual Property for 2014 & 2015

Education

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

Admissions

  • Hawai`i State Bar (1981)
  • United States District Court for the District of Hawai`i
  • United States Court of Appeals for the Ninth Circuit

Memberships

  • Hawai`i State Bar Association
  • American Bar Association
  • American Judicature Society, Hawai`i Chapter, Board of Directors
  • Hawai`i Supreme Court, Member of Permanent Committee on Rules of Civil Procedure and Circuit Court Rules
  • Ninth Circuit Judicial Conference, Lawyer Representative
  • Diamond Head Theatre, Board of Directors