Daniel H. Devaney

Partner

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 Hawaii’s entity laws. He has authored articles on and spoken about Hawaii 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 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 Hawaii counsel to hotel owners and hotel managers in connection with real estate financing in the United States and abroad
  • Special Hawaii 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 Hawaii 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., UCLA School of Law, Los Angeles, California
  • M.B.A., UCLA Anderson School of Management, Los Angeles, California
  • A.B. cum laude, Asian Studies with High Honors — Honors Thesis: China and Latin America, Dartmouth College, Hanover, New Hampshire
  • Certificate, Beijing Normal University, Beijing, People’s Republic of China
  • Certificate, Tianjin Nankai University, Tianjin, People’s Republic of China

Leadership

  • Program Chair, Uniform Commercial Code Opinions in Real Estate Finance Transactions: The U.C.C. Opinions Report, National CLE Conference, Real Property Trust and Estate Law Section, American Bar Association (Boston 2019)
  • Chair, Legal Opinions in Real Estate Transactions Committee, Real Estate Financing Group, Real Property Trust and Estate Law Section, American Bar Association (2017 to present)
  • Vice President and Director, Dartmouth Club of Hawaii (2007 to 2014)
  • Secretary and Treasurer, Business Law Section, Hawaii State Bar Association (c. 1994)

Memberships

American Bar Association

  •     ABA Business Law Section
    •      -Audit Responses Committee
    •      -Corporate Governance Committee
    •      -Governance of Nonprofit Organizations Committee
    •      -Legal Opinions Committee
    •      -Limited Liability Companies Committee
    •      -LLC, Partnership and Unincorporated Entities Committee
    •      -Nonprofit Organizations Committee
  •     ABA Real Property, Trust and Estate Law Section, Real Estate Financing Group
    •      -Legal Opinions in Real Estate Transaction Committee

Hawaii State Bar Association

  •     HSBA Business Law Section
  •     HSBA Real Property and Financial Services Section
    •      -Opinion Committee (ad hoc)

Admissions

  • Hawaii State Bar
  • United States District Court for the District of Hawaii
  • Contributor, Opinions Matters, newsletter of the Legal Opinions in Real Estate Transactions Committee, Real Estate Financing Group, Real Property Trust and Estate Law Section, American Bar Association (2016 to present)
  • Contributor, Joint Drafting Committee, Uniform Commercial Code Opinions in Real Estate Finance Transactions, 53 Real Prop. Tr. & Est. L.J. 164 (2019)
  • Contributor, Joint Committee on Statement of Opinion Practices, Statement of Opinion Practices (and the provisions of the Core Opinion Principles drawn from it), [74] Bus. Law. ___ (2019)
  • Author, Hawaii chapter, Doing Business in States Other Than the State of Incorporation (Alabama Through Michigan) (§XIII Hawaii), Bloomberg Bureau of National Affairs, Corporate Practice Portfolio Series No. 84-1st (2006, at A‑81, updated 2017)
  • Author, Oops …, Ke Kumu 26 (Winter 2016)
  • Speaker and Contributor, 2014 Real Estate Finance Opinion Update, Opinion Committee, Real Property and Financial Services Section, Hawaii State Bar Association (Hawaii State Bar Association Convention 2014)
  • Contributor, Subcommittee on Limited Liability Companies, Committee on Partnerships and Unincorporated Business Organizations, Business Law Section, American Bar Association, Model Limited Liability Company Membership Interest Redemption Agreement, 61 Bus. Law. 1197 (2006)
  • Speaker, Real Estate Transactions Involving Legal Entities, Advanced Principles of Title Insurance in Hawaii, National Business Institute (2003)
  • Author, Directors and Officers (chapter 8), Corporations Manual, Hawaii State Bar Association Continuing Legal Education (2002)
  • Contributor, DCCA Work Group, Business Registration Division, Department of Commerce and Consumer Affairs, State of Hawaii (c. 1998 to c. 2006)
  • Speaker and Contributor, Hawai‘i 2000 Report Regarding Lawyers’ Opinion Letters in Mortgage Loan Transactions, Opinion Committee, Real Property and Financial Services Section, Hawaii State Bar Association, 22 U. Haw. L. Rev. 347 (2000) (Hawaii State Bar Association Convention 2000)