Damon Key Leong Kupchak Hastert ALC
Greg Kugle concentrates his practice in the area of litigation. He works in the areas of commercial disputes and business litigation, construction, land use and real estate, antitrust, product liability and personal injury, aviation, bankruptcy, admiralty and insurance coverage. He has litigated cases before the Hawaii District and Circuit Courts, the Hawaii Bankruptcy Court and United States District Court, and has handled appeals before the Hawaii Intermediate Court of Appeals, the Hawaii Supreme Court and the Ninth Circuit Court of Appeals. Some examples of his work include:
Land Use Litigation:
Successfully litigated inverse condemnation and vested rights claims of property owners against State and local governments. Obtained summary judgment establishing the right of the property owners in East Honolulu to receive just compensation from the City following the illegal down zoning of the property. Obtained summary judgment dismissing challenges to the use of agricultural land on Molokai for open area recreational uses. Obtained dismissal of a suit to enforce transient vacation rental restrictions against property owners. Represented property owners in eminent domain proceedings initiated by the State and by the counties. Represented oceanfront landowners on Maui, Oahu, Kauai and Molokai with respect to shoreline certification, shoreline setback, seawall and fish pond issues. Defended property owners in enforcement actions by State and local zoning enforcement authorities concerning clean water, grubbing, grading, and building and zoning code violations. Represented clients before numerous governmental agencies including the Board of Land and Natural Resources, the Land Use Commission, Zoning Boards of Appeal, Planning Commissions, Department of Planning and Permitting, State Historic Preservation Division, and other land use agencies.
Represented owners, general contractors, subcontractors, suppliers and design professionals in all manner of construction disputes, including mechanics’ liens, construction defects, delay claims, and construction site injury claims. Represented construction industry clients in State and Federal court litigation, arbitration and mediation. Litigated and arbitrated construction disputes on such projects as the First Hawaiian Tower, Lowe’s at Kona, Discovery Bay, One Archer Lane, Waikiki Duty Free Shop, International Market Place, the Honolulu Airport and the Queens Medical Center West.
Represented buyers and sellers in litigation and arbitration arising out of purchase and sale transactions, and handled boundary, easement, covenant and restriction, and adverse possession cases. Represented landlords and tenants in both commercial and residential landlord-tenant disputes. Advised and represented property owners and industry organizations regarding short-term and transient vacation rentals, and defended property owners from claims of transient vacation rental violations by private parties and county enforcement agencies.
Commercial and Business Disputes:
Successfully prosecuted and defended litigation and arbitration, as well as mediation, of all manner of commercial and business disputes, representing clients as large Fortune 500 companies and as small as sole proprietors. Litigated cases involving trade secrets, unfair competition, complex accounting and tax issues, non-competition clauses, deceptive trade practices, intellectual property disputes (trademark, tradename, copyright and patent litigation), and simple failure to pay or perform. Defend class action lawsuits involving monopoly and trying claims and employment claims.
Defended aircraft (both helicopter and fixed wing) owners and operators, as well as maintenance providers, in fatal aviation crash cases arising on all major Hawaiian Islands, including those involving pilot error and mechanical failure. Litigated cases involving operations under FAR parts 91 and 135. Prosecuted claims against equipment manufacturers and maintenance providers. Litigated claims involving aviation fuel suppliers, airport access, cargo damage and aviation-related employment.
Bankruptcy and Creditors Rights:
Represented large aircraft lessor in the Hawaiian Airlines and Aloha Airlines bankruptcies. Represented creditors, trustees and professionals in many of the larger Chapter 11 and 7 cases in Hawaii, and defended and prosecuted adversary proceedings and preference actions.
Represented employers in discrimination, harassment and wrongful termination claims, including EEOC and Hawaii Civil Rights Commission claims. Conducted anti-harassment and anti-discrimination training. Investigated claims by employees.
Prosecuted and defended insurance coverage claims, representing both insurers and insured’s, involving Fidelity, E&O, CGL, Homeowners, and Excess policies. Conducted coverage investigations for insurance carriers.
• American Bar Association
o Litigation Section
o Condemnation, Zoning and Land Use Committee
o Construction Industry Forum
• Certified Commercial Investment Member, Hawaii Chapter
o Board of Directors (2007-2009)
o Co-Chair Sponsorship Committee (2007-2009)
o Chair Membership Committee (2008)
• Hawaii State Bar Association
o Real Property and Financial Services Section
o Director (2005-2009)
o Secretary (2006)
o Treasurer (2007)
o Vice Chair (2008)
o Chair (2009)
o Natural Resources Section
o Labor and Employment Section
o Bench and Bar Conference (multiple years)
• Honolulu Theater for Youth
o Board of Trustees (1997-2000)
o Nominating Committee (1998-1999)
o Secretary and Executive Committee (1999-2000)
• Kailua United Methodist Church
o Chairman, Council of Ministries (1997-2000)
o Administrative Board (1997-2000)
o Board of Trustees (2000-2008)
o Chairman, Board of Trustees (2007)
• Meritas Law Firms Worldwide
Leadership Institute 2006-2007
Business Development Committee 2008-2009
Board of Directors 2012-2014, Finance Committee
• Urban Land Institute, Hawaii District (2002-2009)
• United States District Court Conference – Lawyer delegate (2009 – 2012)
• Make-A-Wish Hawaii Board member (2014-2017), Executive Committee (2015-2017)