Elijah is a commercial litigator. He counsels clients in litigation and non-litigation contexts regarding Internet and information technology law, environmental regulation, health care, and First Amendment rights. He chairs the Digital Media, Internet and Information Technology Law practice group and the Health Care practice group.As a business litigator, Elijah represents clients ranging from publicly traded companies to sole proprietors in disputes concerning a variety of subject matters including: breach of contract, real property transactions, construction projects, defamation, privacy rights, and violations of open government laws.
In addition to helping clients navigate through the litigation process, Elijah draws from his conflict resolution experience to counsel clients on legal compliance and loss prevention in the areas of Internet and Information Technology (IT) law, environmental regulation, and health care. He is a frequent speaker on his areas of expertise, and he writes about developments in the nexus between law and technology on his blog, LegalTXTS.Before joining Cades Schutte, Elijah clerked for U.S. District Judge Samuel P.
King. He was an adjunct professor at the William S. Richardson School of Law and taught media law at the University of Hawaii.Elijah is fluent in Cantonese.EXPERIENCEInformation Technology LawRepresented publicly traded company in arbitration (and later mediation) of contract dispute with vendor of CRM applicationDraft Terms and Conditions and Privacy Policies for websitesDraft and update social media policiesObtained injunction for removal of defamatory blog postings against small business ownerDefended claim of infringing use of online imagesAdvised on protection of privacy rights in connection with digital recording of individual without her knowledge or consentRepresented health provider in contract dispute with EHR vendorCounseled health care company on legal obligations in responding to data breach incidentAssisted shopping center in developing social media contest rules to comply with online endorsement and sweepstakes lawsCommercial and Business LitigationSuccessfully defended hospitality industry leader in arbitration against breach of contract claim brought by international restaurant chain.
Resolved case by way of motion for summary dispositionObtained million-dollar arbitration award for private real estate developer against governmental agencyWon summary judgment and Ninth Circuit affirmance on claims to enforce judgment against judgment debtor and its partners and successors-in-interestObtained reversal of County of Hawaii Planning Commission’s decision to deny Special Management Area permit to developer of proposed condominium projectAssisted in defense of publicly-traded company in consumer fraud class actionFirst Amendment, Media, and Open Government LawSecured jury verdict for defendant in defamation action against magazine publisher.Successfully defended judgment on appeal to Ninth Circuit. Chapman v. Journal Concepts, Inc., No.
09-16303, 2010 WL 4269524 (9th Cir. Oct. 27, 2010)Successfully challenged government agency’s interpretation of exception to open meetings requirement under State Sunshine Law.
Right to Know Committee v. City Council, 117 Hawaii 1, 175 P.3d 111 (App. 2007)Helped major Honolulu newspaper to obtain access to sealed court records in whistleblower action against a municipal employer.
Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006)Advised online advertisers in compliance with regulatory restrictions on social media marketingEnvironmental LawRepresented coalition of transportation providers in lawsuit challenging EIS for public transit projectHelped publicly-traded retail company navigate through requirements of NEPA and HEPA in connection with development of new store; Developed strategies to pre-empt legal challenges to project under HEPARepresent major Hawaii landowner in proceedings before the Commission and Water Resource Management in proceedings involving petition to amend interim instream flow standards and applications for water use permitsAssisted major Kauai landowner in procuring an NPDES permitObtained favorable settlement on behalf of non-profit group that was sued for non-compliance with EIS requirements in connection with project to eradicate invasive speciesCoordinated due diligence of permitting and other environmental regulatory issues relating to wind farm projectHealth LawConducted investigation into major hospital organization’s compliance with federal anti-fraud regulations in connection with acquisition of physician’s practiceAdvised medical information service provider on applicability of EHR safe harbor in connection with agreement to provide EHR software and training to major Hawaii health organizationCounseled physician health practice in negotiations with national medical group in transaction subject to the Anti-Markup RuleEDUCATIONJ.D.
(1999), William S. Richardson School of Law, University of Hawaii, summa cum laudeB.A., University of Hawaii, with distinctionADMISSIONSHawaii State Bar (1999)United States District Court for the District of HawaiiCourt of Appeals for the Ninth CircuitAWARDSFuture Star by Benchmark Litigation, Since 2015AV (Preeminent) by Martindale-HubbellTop 25 Hawaii lawyers by Super Lawyers (2014)Super Lawyers, Business Litigation, Technology Transactions, Environmental (2013 – 2015), 2017Board of Regents Scholar (University of Hawaii)Co-Editor-in-Chief, University of Hawaii Law ReviewMember of national championship team, National Environmental Moot Court Competition (1999)Pacific Business News “Forty Under 40” Class of 2012Best Lawyers of America®, Since 2017MEMBERSHIPSHigh Technology Development Corporation (Director, 2015 – present)Hawaii State Bar Association (2012 Chair, Litigation Section)American Bar AssociationMcKinley High School Foundation (Director, 2002-present)Legal Aid Society of Hawaii (Director, 2014-present)Good Shepherd Lutheran Church (2002-2006; President: 2003-2006)Mauka-Makai Ministries (President: April 2007 – present)HisBiz Ministries (Secretary: October 2007 – present)Online Media Legal Network Elijah is a commercial litigator. He counsels clients in litigation and non-litigation contexts regarding Internet and information technology law, environmental regulation, health care, and First Amendment rights.
He chairs the Digital Media, Internet and Information Technology Law practice group and the Health Care practice group.As a business litigator, Elijah represents clients ranging from publicly traded companies to sole proprietors in disputes concerning a variety of subject matters including: breach of contract, real property transactions, construction projects, defamation, privacy rights, and violations of open government laws. In addition to helping clients navigate through the litigation process, Elijah draws from his conflict resolution experience to counsel clients on legal compliance and loss prevention in the areas of Internet and Information Technology (IT) law, environmental regulation, and health care. He is a frequent speaker on his areas of expertise, and he writes about developments in the nexus between law and technology on his blog, LegalTXTS.Before joining Cades Schutte, Elijah clerked for U.S.
District Judge Samuel P. King. He was an adjunct professor at the William S.
Richardson School of Law and taught media law at the University of Hawaii.Elijah is fluent in Cantonese.EXPERIENCEInformation Technology LawRepresented publicly traded company in arbitration (and later mediation) of contract dispute with vendor of CRM applicationDraft Terms and Conditions and Privacy Policies for websitesDraft and update social media policiesObtained injunction for removal of defamatory blog postings against small business ownerDefended claim of infringing use of online imagesAdvised on protection of privacy rights in connection with digital recording of individual without her knowledge or consentRepresented health provider in contract dispute with EHR vendorCounseled health care company on legal obligations in responding to data breach incidentAssisted shopping center in developing social media contest rules to comply with online endorsement and sweepstakes lawsCommercial and Business LitigationSuccessfully defended hospitality industry leader in arbitration against breach of contract claim brought by international restaurant chain. Resolved case by way of motion for summary dispositionObtained million-dollar arbitration award for private real estate developer against governmental agencyWon summary judgment and Ninth Circuit affirmance on claims to enforce judgment against judgment debtor and its partners and successors-in-interestObtained reversal of County of Hawaii Planning Commission’s decision to deny Special Management Area permit to developer of proposed condominium projectAssisted in defense of publicly-traded company in consumer fraud class actionFirst Amendment, Media, and Open Government LawSecured jury verdict for defendant in defamation action against magazine publisher.Successfully defended judgment on appeal to Ninth Circuit. Chapman v.
Journal Concepts, Inc., No. 09-16303, 2010 WL 4269524 (9th Cir. Oct.
27, 2010)Successfully challenged government agency’s interpretation of exception to open meetings requirement under State Sunshine Law. Right to Know Committee v. City Council, 117 Hawaii 1, 175 P.3d 111 (App.
2007)Helped major Honolulu newspaper to obtain access to sealed court records in whistleblower action against a municipal employer. Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir.
2006)Advised online advertisers in compliance with regulatory restrictions on social media marketingEnvironmental LawRepresented coalition of transportation providers in lawsuit challenging EIS for public transit projectHelped publicly-traded retail company navigate through requirements of NEPA and HEPA in connection with development of new store; Developed strategies to pre-empt legal challenges to project under HEPARepresent major Hawaii landowner in proceedings before the Commission and Water Resource Management in proceedings involving petition to amend interim instream flow standards and applications for water use permitsAssisted major Kauai landowner in procuring an NPDES permitObtained favorable settlement on behalf of non-profit group that was sued for non-compliance with EIS requirements in connection with project to eradicate invasive speciesCoordinated due diligence of permitting and other environmental regulatory issues relating to wind farm projectHealth LawConducted investigation into major hospital organization’s compliance with federal anti-fraud regulations in connection with acquisition of physician’s practiceAdvised medical information service provider on applicability of EHR safe harbor in connection with agreement to provide EHR software and training to major Hawaii health organizationCounseled physician health practice in negotiations with national medical group in transaction subject to the Anti-Markup RuleEDUCATIONJ.D. (1999), William S. Richardson School of Law, University of Hawaii, summa cum laudeB.A., University of Hawaii, with distinctionADMISSIONSHawaii State Bar (1999)United States District Court for the District of HawaiiCourt of Appeals for the Ninth CircuitAWARDSFuture Star by Benchmark Litigation, Since 2015AV (Preeminent) by Martindale-HubbellTop 25 Hawaii lawyers by Super Lawyers (2014)Super Lawyers, Business Litigation, Technology Transactions, Environmental (2013 – 2015), 2017Board of Regents Scholar (University of Hawaii)Co-Editor-in-Chief, University of Hawaii Law ReviewMember of national championship team, National Environmental Moot Court Competition (1999)Pacific Business News “Forty Under 40” Class of 2012Best Lawyers of America®, Since 2017MEMBERSHIPSHigh Technology Development Corporation (Director, 2015 – present)Hawaii State Bar Association (2012 Chair, Litigation Section)American Bar AssociationMcKinley High School Foundation (Director, 2002-present)Legal Aid Society of Hawaii (Director, 2014-present)Good Shepherd Lutheran Church (2002-2006; President: 2003-2006)Mauka-Makai Ministries (President: April 2007 – present)HisBiz Ministries (Secretary: October 2007 – present)Online Media Legal Network Elijah is a commercial litigator.
Richardson School of Law and taught media law at the University of Hawaii. Elijah is fluent in Cantonese. EXPERIENCE Information Technology Law Commercial and Business Litigation First Amendment, Media, and Open Government Law Environmental Law Health Law EDUCATION ADMISSIONS AWARDS MEMBERSHIPS
