Hawaii Office

Clay Chapman
Iwamura Pulice & Nervell

700 Bishop Street
Suite 2100
Honolulu, HI 96813
Tel (808) 535-8400
Email

PRACTICE AREAS

Banking and Financial Services

Steven T. Iwamura, Esq. and Robert E. Chapman, Esq. have assembled an experienced team that provides exemplary representation to the mortgage services industry in Hawaii. The firm is committed to continually updating its computer technology in order to provide the highest level of legal services in the following areas throughout all islands in the State of Hawaii:

• Foreclosures

• Creditor Rights

• Bankruptcy

• Eviction

• Title Resolution

• Loss Mitigation / Deed in Lieu and Loan Modification

• Deficiencies and Collections

• Conveyance Documentation

• Litigation (Lender Liability and Real Estate)

• Appellate

The firm complies with the foreclosure timeline and fees promulgated by Fannie Mae, Freddie Mac, FHA and VA. We provide free comprehensive training seminars to the mortgage servicing industry. Please contact Steven T. Iwamura, Esq. for additional information

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Business & Corporations

Clay Chapman Iwamura Pulice & Nervell's Business/Corporate Group has extensive experience in structuring business relationships, including corporate formation, partnerships and limited liability companies.

The firm regularly advises public and private businesses with respect to corporate governance, acquisitions, mergers, and reorganizations. Our Lawyers are regularly involved in corporate finance representation, private equity and debt financing, secured financing, workouts and related matters.

We regularly draft equipment sale and leasing agreements, franchising, marketing, and distribution agreements, and service and operating agreements. The firm also advises companies on commercial issues relating to state and federal trade regulations.  Please contact Robert E. Chapman, Esq., Bradley R. Pulice, Esq., or Anders G. O. Nervell, Esq. for additional information.

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Collections

Clay Chapman Iwamura Pulice & Nervell's Collections Law Group consists of four attorneys and a paralegal who, over the past fifteen years, have collected in excess of $5,000,000.00 for various clients. Our firm represents numerous licensed collection agencies in the State of Hawaii , Bank of Hawaii and American Savings Banks as well as many other business and individual clients in consumer and commercial debt collection.

The leader of the Collections Law Group is Robert E. Chapman Esq. Mr. Chapman is a member of the ACA International – Member Attorney Panel and former Hawaii State Chair. He is also a member of the International Associations of Commercial Collectors and serves on the Collection Notice Review Panel in Hawaii for Gulf Insurance Group. Mr. Chapman is the author of Successful Collection of Judgments and a frequent speaker on the topic of successful collection practices.

Our Collections Law Group also has extensive experience in representing clients in the areas of Fair Debt Collection Practices and Fair Credit Reporting Act defense as well as regulatory and other related civil litigation.

We welcome the opportunity to provide professional legal services to assist our clients in consumer and commercial collections and related matters.

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Complex Litigation

Clay Chapman Iwamura Pulice & Nervell is pleased to offer its clients an experienced and professional legal team for representation in complex civil litigation matters in State and Federal courts.

Complex litigation generally involve civil disputes with large dollar amounts at issue and significant risks for the litigants such as death claims, class actions, large and complex commercial disputes, anti-trust litigation, product liability claims. Typically complex litigation cases involve thousands of documents and hundreds of witnesses. It requires significant experience in managing legal issues, human resources, document control and witness and physical evidence matters.

John R. Myrdal is the lead attorney for the complex litigation matters handled by our firm. He is a graduate of University of Connecticut and Boston University Law School. Mr. Myrdal was honorably discharged from the United States Marine Corps, Judge Advocate Division with the rank of Major. Mr. Myrdal has over 30 years of experience is representing local, national and multi-national corporations in complex litigation matters in State and Federal courts. He is a member of the Association of Trial Lawyers of America as well as the American Bar Association and the Hawaii State Bar Association.

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Condominium

Clay Chapman Iwamura Pulice & Nervell's Condominium practice group provides advice and assistance in both the development of condominium properties and the function of condominium associations.

On the development side, the firm advises clients in all aspects of condominium development, including parcel assemblage; zoning analysis; joint ventures with debt and/or equity partners; contracts with architects, contractors and property managers; preparation of governing documents, including public reports, condominium property regimes, articles of incorporation, by-laws, and house rules; and acquisition, construction and permanent financing.

Based on our knowledge and experience in condominium law and the drafting of the governing documents, we also represent condominium associations in all aspects of the performance of their duties and owner-association relations, including interpretation, re-drafting and re-stating of documents; litigation and collection of delinquent accounts; education and training for board members; assistance in the smooth running of board meetings, association meetings and voting; and relationships with management companies, contractors, employees and vendors. For additional information, please contact Anders G. O. Nervell, Esq. or Bradley R. Pulice, Esq.

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Construction Law

The Clay Chapman Iwamura Pulice & Nervell construction law team provides experienced, and cost-effective approaches to all matters involving construction. The construction team presents more than 50 years of combined experience representing contractors, sub-contractors, owners, architects, suppliers and sureties. The construction team provides individualized attention to matters both large and small. The team is experienced in representing clients regarding commercial, residential, public and private issues.

Gerald S. Clay (Jerry) has assisted parties in all matters regarding construction. He has assisted out of state contractors in Hawaii licensing procedures. He has drafted all manner of construction agreements, assisted in bonding situations, provided advice with regard to changes, delay, and impact claims, and worked with owners, contractors, and sub-contractors regarding breach of contract issues.

Mr. Clay has been particularly successful in mediating complex disputes through innovative techniques, including the use of an outside expert. Using the expert’s opinion together with independent research as the foundation for analysis, the parties can be assisted in reaching a resolution of their dispute.

Mr. Clay is also one of the pioneers and leaders in Hawaii in Construction Partnering. Because disputes are costly, avoiding them altogether can add significantly to the bottom line for everyone. The partnering process creates an environment in which the participants design teamwork into the project. Small problems are solved before they become major disputes, and everyone benefits in seeking new efficiencies.

Scott I. Batterman works closely with Mr. Clay on most of these matters, and also represents contractors and owners in disputes with insurance companies related to construction claims.

Mr. Clay and Mr. Batterman have written and lectured extensively regarding matters of construction law. Since 1989 Mr. Clay has annually presented a seminar for attorneys and construction professionals. Mr. Clay is co-author of the annual publication "Hawaii Construction Law and Mechanics Liens". Mr. Clay has also authored a series of publications for Builders Industry Digest entitled "Construction and the Law". Mr. Clay, a member of the General Contractors Association, has provided legal consultation for the Hawaii construction industry including assistance in drafting legislation and providing construction legislation testimony. Mr. Batterman has also lectured to the bar and the construction industry on insurance coverage issues; alternative dispute resolution; mold litigation; and the use of mechanics' liens.

Charles W. Crumpton of the firm has also represented clients and has served as an arbitrator and as a mediator in construction cases since 1985.

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Conveyancing

Parties who are preparing to engage in transactions in real estate should always contact an attorney. All too often, though, parties fail to take simple precautions. A little time and money spent beforehand, can save thousands of dollars in litigation expenses—and hours of grief –afterwards.

Clay Chapman Iwamura Pulice & Nervell's experienced real estate attorneys are able to assist in every type of transaction, and the conveyance of every interest in real estate, from the most complex transactions to the most basic. Please contact Anders G. O. Nervell, Esq. for additional information.

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Immigration and Consular Practice

Clay Chapman Iwamura Pulice & Nervell offers experienced, knowledgeable, and professional counsel to meet the needs of businesses, foreign investors, and corporations in all facets of establishing U.S. business operations and securing appropriate immigration and nonimmigrant employment visas from the U.S. Immigration and Naturalization Service and overseas consular posts. Additionally, the firm is able to assist clients with their relative petitions and individuals who may become involved in removal proceedings before the Immigration and Naturalization Service.

We provide services to speakers of Korean, Japanese, Vietnamese, Chinese and Tagalog.

We have has represented a wide range of individual and business firm clients from many nations here in the crossroads of the Pacific, which brings together diverse individuals and businesses who desire to invest and reside in Hawaii, the Pacific Basin, and Asia. We offer a range of fee approaches, including fixed fees, hourly fees and other arrangements, which we endeavor to customize to the client's situation and resources to the extent possible.

We welcome your inquiries and the opportunity to work with and serve your immigration, nationality and consular matters and needs as cost-effectively as possible.

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Insurance

Charles W. Crumpton, Sue Herbich and Scott I. Batterman provide arbitration and mediation services, and represent clients in a variety of insurance related matters, including:

First Party Coverage

Third Party Coverage

• General Liability Policies

• Professional Liability Policies

• Directors and Officers Policies

Bad Faith Claims

Litigating Claims

We may be able to help you if

• You have been sued and your insurance carrier has refused to defend you.

• You have suffered damage to your property and the insurance company has refused to pay the fair value of what you have lost.

• You have been injured, or are sick, and your insurer refuses to treat you fairly in paying your medical bills or your disability insurance.

• Your insurer has unreasonably delayed in paying claims.
  

Clay Chapman insurance counsel have litigated insurance issues in federal and state court, including the Hawaii Supreme Court and the Ninth Circuit Court of Appeals. Clay Chapman does not charge for initial consultations, and in appropriate instances we will accept cases on a contingency fee basis.

Mediation and Arbitration Services

Mr. Crumpton serves as a mediator and arbitrator in a wide range of insurance cases. He has taught negotiations, mediation and arbitration at Hawaii Pacific University since 1994, and is a frequent lecturer and trainer on mediation and arbitration topics to attorneys, insurance professionals and business consumers of legal and dispute resolution services.

Public Education

Mr. Crumpton and Mr. Batterman have conducted seminars for the public and the bar on insurance coverage litigation, bad faith litigation, insurance coverage clauses in commercial leases and construction contracts, and insurance coverage for mold claims.

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Litigation

Clay Chapman Iwamura Pulice & Nervell's litigation teams provide experienced, professional, innovative, and cost-effective services to effectively represent clients and to resolve disputes in all civil matters that involve litigation in State and Federal courts.

Each litigation matter is carefully reviewed with the client and a fee arrangement is created, whether based upon an hourly charge, fixed fee or a contingency arrangement or other innovative approaches, customized to suit the client's situation, interests and resources. The fee arrangement for every litigation matter undertaken by the firm is confirmed in a written agreement with the client.

The lead litigation attorneys, Robert E. Chapman, Charles W. Crumpton and Bradley R. Pulice, have over fifty years of combined experience in litigation matters having represented both plaintiffs and defendants, including major contractors, large and small businesses, business professionals, insurance companies and others, in a wide variety of civil matters.

Mr. Chapman has handled the litigation and negotiation of business and commercial, corporate, partnership, real estate, trust and probate, debtor-creditor, construction and other matters.

Mr. Crumpton has vast experience in the negotiation, mediation, arbitration and litigation of insurance, torts, personal injuries, construction, product liability, employment, business and commercial, real estate, professional negligence (medical, legal, insurance, real estate and construction) and other matters.

Mr. Pulice, a former Honolulu County prosecutor, has extensive courtroom experience and has handled many civil matters including product liability defense, commercial disputes, insurance fraud claims and a broad range of other civil matters.

Mr. Chapman and Mr. Crumpton have frequently written and taught programs and seminars on various civil litigation subjects. Mr. Crumpton is often selected by experienced litigation attorneys and their clients to serve as arbitrator or mediator in civil disputes. The extent and range of their experience in civil litigation and dispute resolution serve not only in representing clients, but in directing and advancing the professional knowledge and skills of the firm's associate attorneys, Scott I. Batterman, Mary L. Martin and Peter V. Lee, who also have years of litigation experience, respectively, in a wide variety of civil matters.

The litigation teams emphasize prompt, effective communication with clients and are dedicated to understand, enforce and protect the clients rights and interests with zealous representation. The litigation teams meet and work continually to allocate work efficiently and economically. The team members communicate and work closely with each other, sharing their knowledge and abilities in the ways that best serve the clients. The teams frequently resolve matters by innovative solutions and settlements that may preserve or enhance clients' business working relationships, opportunities and resources.

We welcome the opportunity to represent our clients ethically and professionally in civil litigation matters.

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Mediation & Arbitration

We offer experience, expertise, and professional, innovative, cost-effective services in:

• Mediation

• Arbitration

• Partnering

• Early Neutral Evaluation

• Neutral Fact-Finding

• Mini-Trial

• Dispute Prevention and Resolution Systems Development

• Dispute Prevention and Resolution Skills Training

Benefits to Users:

• Faster Resolution than Litigation

• More Economical than Litigation

• Greater Expertise in the Subject in Dispute than Judges and Juries

• More Flexible and Adaptable than Litigation

• Less Formal and Technical than Litigation

• Results Are Final and Binding

Resources:

Experience:

• Gerald Clay - mediation and arbitration since 1980; over 1,000 cases; former teacher of graduate ADR class at Hawaii Pacific University ; faculty and trainer, ADR seminars

• Charles Crumpton - mediation and arbitration since 1985; over 1,000 cases; teacher of ADR class at Hawaii Pacific University ; faculty and trainer, ADR seminars

Expertise:

• Gerald Clay -mediation and arbitration of construction, business, securities, property, corporations, partnerships, commercial disputes; partnering of business and government organizations; mediation and arbitration training.

• Charles Crumpton - mediation and arbitration of insurance, personal injury, professional negligence (medical, legal, real estate, accounting), torts, construction, employment, probate, business/commercial, property; mediation and arbitration training

• Rates: Either hourly or fixed fees are available

• Services: Customized to meet the needs of each particular case

Please contact us to see how we can adapt our services to your needs.

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Personal Injury

We emphasize service dedicated to getting good results for the client, with experience in representing, advising and obtaining recoveries for clients in numerous cases (Chuck Crumpton since 1978 and Sue Hansen since 1995) in:

• Personal Injuries

• Wrongful Death

• Motor Vehicle Accidents

• Defective Products

• Roadway Defects

• Premises Liability (Slip or Trip and Fall and Other Accidents)

• Medical and Dental Malpractice

• Insurance Benefits and Coverage

We welcome questions about any of these matters. We do not charge for discussing such questions or initial consultations until we are hired to represent the client. We accept such cases on a contingency fee basis and in those cases, we only collect our fee from moneys paid for the client's claim. If no money is recovered for the client, we do not charge any fee.

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Real Estate, Development & Finance

Clay Chapman Iwamura Pulice & Nervell's real estate practice includes a full range of acquisition, development, financing, leasing, sale and restructuring transactions and counseling for a wide array of clients including developers, property owners, investors, contractors and financial institutions. Our Real Estate Group advises clients on all aspects of real estate acquisition, development, financing, ownership, leasing and operation.

A major component of our real estate practice involves counseling investors, owners, lenders, and management companies in all facets of hotel and resort acquisition, disposition, financing and management. We are actively involved in advising and representing clients with hotel and resort related activities in Hawaii and throughout the United States.

The firm also represents domestic and foreign clients in connection with real estate project financing, including development, construction and long term financing for real estate companies, developers and owners. We are actively involved in documenting, structuring and restructuring lending transactions, including construction loans, conventional mortgages, mezzanine and conduit loans.

The Real Estate Group has been extensively involved in leasing transactions on behalf of both landlords and tenants and has represented owners and users of space in lease negotiations involving office retail and other commercial space throughout the State of Hawaii. We have also worked with clients who own and operate income producing real estate assets in documenting asset management and property management arrangements with real estate management companies. For additional information, please contact Bradley R. Pulice, Esq. or Anders G. O. Nervell, Esq.

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Securities and Stockbroker Fraud

Gerald S. Clay (Jerry) and Scott I. Batterman represent investors in securities claims. They may be able to assist you, if:

• You are a retirement age investor who lost money because of advice to buy speculative stocks or mutual funds, especially high tech or internet stocks.

• You are a retirement age investor who lost money because he was advised to buy a variable annuity, especially if the sub-accounts for the variable annuity were high tech or speculative mutual funds.

• You were sold a "financial plan" that advised you to invest in mutual funds of the same company that the financial planner worked for, and lost money as a result.

• You were advised to take pension money, IRA money or 401(k) money, and buy a variable annuity.

• You had a pension from your employer, and when you retired your financial planner or broker advised you to take the distribution as a lump sum and invest it in the stock market, instead of taking safe, regular monthly distributions.

• You were an unsophisticated investor who lost money due to margin trading or options trading which was never explained to you.

• You were advised to buy Class B Mutual Funds, without being told about all of the costs involved, or about the possibility of getting a discount by concentrating your purchases (breakpoints).

• You were victimized by excessive trading (churning) in your accounts by your broker.

• You were victimized by unauthorized trading in your accounts by your broker.

• You lost money in internet stocks because of slanted recommendations by analysts like Jack Grubman and Henry Blodgett.

Stockbrokers are required to know their clients, and to recommend only investments that are suitable for them. A broker must have reasonable grounds for believing that any recommendation is suitable for their customer. Certified Financial Planners can be held to an even higher standard.

For retirees, suitable investments mean conservative investments, where their life savings are protected, and which earn income for them to live on, through interest and dividends. They cannot afford to lose their retirement savings.

If these financial planners, stockbrokers and financial advisors failed to give proper advice, or failed to give the clients all the relevant facts about the investments or their fees, they and their companies can be held liable.

It is your money. You earned it. You must now replace it. Do not feel shame or embarrassment for your losses -- It is not your fault. You are not an investing professional. It is our goal to help you address these issues and perhaps recapture some of your lost money.

If you think you have a claim against your broker or financial planner, Clay Chapman can assist you in analyzing and arbitrating your case. Please send us an email at sib@paclawteam.com or give us a call today at (808) 535-8475 for a free consultation.

We will analyze your case at no cost. We accept cases on a contingency fee basis: If we do not collect for you, we do not charge you.

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Timeshare

Clay Chapman Iwamura Pulice & Nervell has extensive experience in structuring timeshare products. Our services include counseling both publicly and privately held clients regarding development structure, registration requirements and disclosure matters, document preparation, including related sales and management agreements, and negotiation and documentation of financing.

We also regularly assist out of state and foreign clients seeking to register their projects in Hawaii, and have provide clients with legislative analysis and interface.

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Wills, Trusts & Probate

We are pleased to offer legal services to our clients in the important area of personal estate planning including the preparation of confidential documents in the following areas:

Revocable Living Trusts - The most cost effective way to avoid probate and to ensure that your beneficiaries receive their inheritance with a minimum of expense, delay and hassle. These trusts can help avoid having a guardianship placed over your assets should you become incapacitated and in the case of married couples can effectively double the amount of assets that can be transferred to your heirs without federal estate taxes.

Last Will and Testament -Wills are an essential document for clients who desire to direct the transfer of assets to their heirs and to nominate a certain person to administer their estate affairs and to name a guardian for minor children.

Power of Attorney - A durable power of attorney can prove to be a valuable tool for clients in the event of disability or absence of a spouse.

Advanced Health Care Directive ---- Many clients would benefit from an Advanced Health Care Directive form which specifies a person to make important health care decisions in the event they are unable to do so and also gives health care professionals specific directives regarding the nature of their care.

Probate Services - Probate is the system by which the State of Hawaii requires to be followed to ensure that assets held in a person's name at the time of death are properly accounted for and are transferred to those heirs who are named in a proper Will or are those persons entitled to receive assets under law. For additional information, please contact Bruce G. Jackson, Esq.

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