David C. Farmer, Successor Trustee
Bobby N. Harmon

(Formerly Mary Lou Woo vs. Harmon and James Nicholson vs. Harmon)

CV05-00030 DAE/KSC

United States District Court, District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

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Bays, Deaver, Lung, Rose & Holma
Ali'i Place, Suite 1600
1099 Alakea Street
Honolulu, HI 96813

Telephone: (808) 523-9000
Fax: (808) 533-4184


Areas of Practice

Litigation, arbitration, mediation and counseling in disputes involving: real estate, construction, trust, and commercial transactions.

Commercial Real Estate Transactions: Represents developers, buyers, sellers, brokers, lenders and others in variety of cases demanding expertise and sophistication, and thorough understanding of the unique aspects of business and real estate law in Hawai'i.

Trusts and Estates: litigation and counseling in the complex and constantly changing area of trusts and estates practice. Well known for her litigation of complex trust issues in the highly visible and history-making
Kamehameha Schools - Bishop Estate case.

Construction Law: involving complex real estate issues, contract negotiation, construction defects litigation, and issues related to property development. Represents construction industry clients including developers, architects, engineers, and contractors in construction and contract disputes, including construction defect, professional negligence, delay and payment claims....

Publicly Held Companies - Board of Directors

Hawaiian Electric Company
Central Pacific Financial Corporation
Central Pacific Bank

Professional Certifications and Affiliations (past and present)

American Bar Association, Member
Hawai'i State Bar Association, Member
Native Hawaiian Bar Association, Member
0'0 Award (2000), Hawaiian Business Person of the Year
Department of Hawaiian Homes, State of Hawai'i
Board of Advisors to the CEO of the
Kamehameha Schools
Native Hawaiian Legal Corporation, Board Member
Native Hawaiian Chamber of Commerce (formerly also
Secretary and Treasurer)
Boys and Girls Club of Hawai'i, Board Member
Circuit Court Civil Rules Committee for the First Circuit Court,
State of Hawai'i
Hearing Committee Member, Disciplinary Board of the
Hawai'i Supreme Court
State of Hawai'i Board of Engineers, Architects, Surveyors
and Landscape Architects (former member)
Lecturer - University of Hawaii 's School of Architecture
The Best Lawyers in America (2006) - Commercial Litigation, Real Estate Law
"AV" rating, Martindale-Hubbell Directory

Representative Clients

Ad Walls LLC
Akinaka & Associates Ltd.
Albert C. Kobayashi, Inc.
Aloha Tower Development Corporation
American Electric Company
Assets School
Associated Financial
Aston Hotels & Resorts fka ResortQuest
AT&T, Inc.
Avalon Development Company LLC
Beachside Roofing LLC
Beall & Associates, Inc.
Becton Dickinson & Co.
Bridge Aina Le’a, LLC
Buderim Ginger Limited dba Mac Farms of Hawaii
Building Industry Association
Canaan Construction Company
CDS International
CNA Insurance Companies
Cobeen Tsuchida & Associates
Coregis Insurance Company
Debartolo Development LLC
Department of Hawaiian Home Lands
Don Ho Trusts
Graham Builders, Inc.
Hawaii Dental Service
Hawaii Escrow & Title
Hawaii Prince Hotel Waikiki Co.
Hewlett-Packard Company
Hidano Construction
HITV Operating Co., Inc. (KGMB)
Homeworks Construction
Honolulu Hotel Operating Corporation
Honsador Lumber LLC
Hunt Development Group
Hyatt Corporation
Island Title
Jenken Architecture
Kawaiaha'o Church
Ke Kailani Development LLC
Kiahuna Beach House
King's Shops
Kober/Hanssen/Mitchell Architects
Ko'olau Golf Partners
Kumukahi Holdings, Inc.Leo A DalyMakena Golf Corp.
Makena Kai Corp.
Maryl Pacific Construction
Maui Prince Hotel
Maui Waterscapes, LLC
Mauna Kea Beach hotel Corp.
Mauna Kea Development Corp.
Mitsunaga & Associates, Inc.
Old Republic Title Co.
Pacific Light Net, Inc.
PBR Hawaii
POSEC Hawaii, Inc.
Prime Focus Consulting, LLC
Prince Resorts Hawaii, Inc.
Rainbow Roof Maintenance
Reit Management & Research LLC
ResortQuest Hawaii, LLC
Sealtech, Inc. dba Seal Master
Seibu Group
Siemens Energy & Automation
Skylights of Hawaii
Stimson Lumber Company
Swinerton Builders
Sylvester Stallone
The Gentry Companies
The Shilder Group
The Toddler Program
Tower Design Group
Transcontinental Corp.
Wahiawa Hospital Association
Waikapu Ranch LLC
Waikoloa Development Co.
Wimberlly Allison Tong & Goo
Xerox Corporation

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Crystal K. Rose

The noisy dissolution of the leadership of the Bishop Estate in the late 1990s brought prominence - some might say fame - to a handful of people, among them Crystal K. Rose.

The lawyer with the memorable name was among those most deeply involved in the effort to reform one of the state's most powerful institutions.

Rose represented trustee Oswald Stender, seen by some as the hero who challenged the leadership of the other four trustees and their management of the multibillion-dollar trust....

Rose was not only Stender's lawyer, but his spokesperson to the community and one of the driving forces behind the effort to build a new model of stewardship of the estate, now known as Kamehameha Schools.

While her most recent work hasn't generated the kind of attention associated with the Bishop Estate controversy, she has still been involved in some of this decade's most significant business negotiations and court cases.

"I've been extremely busy," said Rose, a partner in the firm Bays Deaver Lung Rose Baba."It never lets up, but I love what I do.I love the strategy and creativity required in complex matters."

For the 47-year-old Rose, one stretch last year took her from helping Central Pacific Bank close its merger deal in September to defending Kamehameha Schools in a legal challenge to its admissions policy in November to representing Xerox Corp. in a multimillion-dollar settlement in January with families of the seven men killed in a workplace massacre in 1999.

These were three vastly different cases that played into her varied professional strengths....

By being deeply involved in such complex cases, Rose accounted for between 25 percent and 35 percent of operating revenue last year at her firm.

At the same time, she earned back-to-back appointments in February to two high-profile corporate boards: Central Pacific Financial Corp. and Hawaiian Electric Co.

Rose brings to these boards obvious diversity, in that she is an influential businesswoman and a Native Hawaiian.

She also brings an intellectual intensity, a sense of humor and a reputation for toughness earned during the fight for control of the Bishop Estate.

"Crystal knows no fear," said Clint Arnoldus, chief executive of Central Pacific Bank....

Born and raised on the Big Island, Rose is a 1975 graduate of Kamehameha Schools.

She earned her undergraduate degree at Willamette University in Salem, Ore., where she received a double-major in psychology and sociology.

She studied law at the University of California Hastings College of Law in San Francisco.

After graduating in 1982, she worked as an associate for three years at the Honolulu law firm Carlsmith Ball. She and her current partners left Carlsmith to form their own firm in 1986, and she spent most of the next decade specializing in commercial litigation.

In 1997, Rose agreed to represent Stender, a decision that put her in opposition to a powerful piece of the state's political establishment....

In her fast-paced corporate world, Rose still finds time to do volunteer work and work behind the scenes in politics.

She has managed
Ed Case's campaigns for governor and for Congress since 2000.

She has served on the board for the Boys and Girls Club of Honolulu for the past six years.

And she remains committed to Kamehameha Schools, where she has sat on its advisory board for four years.

...Crystal tapped into her extensive network, explained the situation and secured the money for these children."

Rose makes time for her family on weekends and enjoys sailing with her husband, contractor Rick Towill, and their two sons, Ian, 13, and Mark, 16, who attend Punahou School.

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April 17, 2009

Hawaiian Airlines CEO earned $3.2M in ’08

Pacific Business News (Honolulu) - by Chad Blair

Mark Dunkerley earned $3.2 million in 2008 as president and CEO of Hawaiian Airlines, almost $1 million more than he received in 2007.

Dunkerley’s 2008 earnings included a $236,000 bonus and $1.2 million in stock awards. He received $2.3 million in total compensation in 2007.

His annual base salary increased $33,000 to $583,000.

The salary details for Hawaiian, owned by Hawaiian Holdings (Nasdaq: HA), comes from a notice of shareholders filing made Friday to the Securities and Exchange Commission.

Thomas Fargo, a former member of Hawaiian Holdings’ board of directors, received $61,000 from Hawaiian last year.

Fargo, who became president and CEO of Hawaii Superferry in late April 2008, resigned from the Hawaiian Holdings board Oct. 20 “due to personal reasons,” according to the SEC filing. Upon his resignation, he forfeited an unvested deferred stock option of $3,847.

Another member of Hawaiian Holdings board of directors, Bert Kobayashi Jr., received $106,000 in compensation. He is a senior partner with the Honolulu law firm Kobayashi Sugita & Goda.

Honolulu attorney Crystal Rose, a partner with Bay Deaver Lung Rose & Holma, received $116,000.

"By almost any measure, Hawaiian's performance in the face of enormous challenges in 2008 was remarkable. In a year when record fuel prices and the onset of recession led to large losses at most airlines, and forced other companies out of business or into bankruptcy, senior management made the right decisions and Hawaiian ended the year stronger than it started, to the benefit of all its employees, customers and shareholders," Lawrence S. Hershfield, chairman of the Hawaiian Holdings board, said in a statement.

On April 28, Hawaiian, Hawaii’s largest carrier, will report financial results for the three months ended March 31.

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Crystal Rose expected to testify as to his business, professional and personal relationships with Oswald Stender, Colbert Matsumoto, Dan Inouye, Central Pacific Bank, Hamilton McCubbin, Michael Chun, Rockne Freitas, Douglas Ing, Dee Jay Mailer, Edwina Clarke, Hawaiian Electric Co., Judge Barry Kurren, Faye Kurren, Elizabeth K. Lindsey Buyers, James Ahloy, Judge Eden Elizabeth Hifo, Judge Kevin Chang, Michael Tanoue, Campbell Estate, P&C Insurance Co., Rocco Sansone, Marsh & McLennan, Jeffrey Case, the Maui Planning Commission, The Nature Conservancy, Greg Dunn, The Hawaii Nature Center; The Peregrine Fund, Judith Neustadter Fuqua, James “Kimo” Apana, Maui Land & Pineapple, Linda Lingle, John Waihee, Ben Cayetano, Boyd Mossman, Hugh Jones, Office of Hawaiian Affairs (OHA), Daniel Akaka, Clayton Hee, Haunani Apoliona, Robert Kihune, Gilbert Tam, Sandwich Isles Communications, Summit Communications, Kenneth Hipp, Robert Katz, Matt Tsukazaki, Jeffrey Sia, Mary Lou Woo, Steven Guttman, Alan Ma, Guido Giacometti, Susan Tius, Sukamto Sia, Judge Samuel King, Randall Roth, James B. Nicholson, David Farmer, Ted Pettit, First Hawaiian Bank, Walter Dods, Grace Pacific, Tesoro Petroleum, Hawaiian Airlines, Joshua Gotbaum, Aloha Airlines, David Farmer, Lyn Anzai, Earl Anzai, Bruce Nakaoka, Punahou School, Dan Case, Steve Case, Suzanne Case, Henry Paulson, Barack Obama, and others to be named upon discovery.

Internet References:


Documents, News Articles and Related Links

Equity 2048 -The Richards Report

Pages 1-26; Pages 26-49; Pages 50-75; Exhibit 2; Exhibit 2b

XL Reinsurance Policy No. XLRKS-01796

Equity 2048 - Related Correspondence and Documents

IRS Closing Agreement for Kamehameha Schools

The Na Kumu Book Advisory Group

Broken Trust: Greed, Mismanagement & Political Manipulation

Lost Generations: A Boy, A School, A Princess

Hawaiian Apartheid

KITV Special Report


Originally posted: July 15, 2009

Last update: January 13, 2010



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