Gerald A. Sumida, Attorney

Gerald A. Sumida is the Chair of the firm's Corporate & Business Practice Group, and concentrates in business structure and operations with an emphasis on corporate, joint venture and partnership matters, business acquisition, sales and mergers, securities law, start-up company and venture capital financing, administrative and public utilities law, energy project development and project finance, antitrust and trade regulation law, intellectual property law, federal, state and county legislative and administrative matters, and international legal matters.

Mr. Sumida rejoined Carlsmith Ball LLP after serving from October 1999 to December 2002 as the General Counsel of the Asian Development Bank, a multilateral development bank established in 1966 to promote the economic and social development of the Asian and Pacific Region (ADB). ADB, based in Manila, Philippines, currently has 62 member countries, and provides development assistance to over 40 countries in this region. He led a group of 28 international lawyers, drawn from 25 countries, who handle ADB's international legal, financing, lending, borrowing, investment and development work, as well as ADB's institutional matters, and undertake their own law and policy reform projects in various countries.

Mr. Sumida was selected by attorney peers for inclusion in The Best Lawyers in America 2010, for Energy Law.

Representative Matters

Intellectual Property Represented individuals, corporations and firms in state, U.S. federal and foreign intellectual property matters. Included advising on U.S. and foreign copyright trademark, service mark registrations, preparing applications for and obtaining U.S. copyright and trademark and service registrations, preparing documentation for international licensing arrangements for U.S. trademarks, and assisting in trademark and copyright infringement litigation.

Acquisitions and Sales Represented corporations and partnerships in the stock and asset sales and purchases. Includes advising on the structuring of the transaction, preparing all required documentation, structuring financing arrangements, preparing and coordinating filing of all required federal and state notifications, and handling various post-closing matters.

State and Hawaii Agencies Represented the State in various energy-related matters, including preparing preliminary and subsequently comprehensive analyses on the legal, financial and institutional aspects of developing a 150-mile undersea electric transmission cable to deliver power from the island of Hawaii to Oahu. Represented various State agencies and quasi-public corporations on venture capital financing and high technology matters.

Kalaeloa Partners Represented a joint venture that developed and operates a $200 million cogeneration project in Hawaii. Assisted in negotiating the power purchase agreement with a Hawaii utility, participated in closing of the interim and permanent financing, and assisted in negotiating local land arrangements for the project site. Represented the joint venture in a major Hawaii Public Utilities Commission proceeding

Puna Geothermal Venture Represented a joint venture that developed and operates a $100 million geothermal project in Hawaii. Assisted in obtaining required state and county project permits, participated in interim and construction financing matters, and coordinated numerous administrative agency and litigation proceedings including a major litigation involving over 150 plaintiffs.

Maui High Performance Computing Center Represented a federally-supported university consortium that has developed and operates the world's most advanced high performance computing center located on the island of Maui. Included advising on start-up operational requirements under Hawaii law and on various matters.

Securities Represented corporations and limited partnerships in undertaking primarily private offerings of securities under SEC Regulation D, including structuring the securities offering, preparing all required offering memoranda and related documents, preparing and filing state and federal applications and notifications, and conducting post-offering work. Represented a health care organization in conducting a State of Hawaii public registration of corporate securities and various limited partnerships in private placements of securities, including Hawaii's first research and development limited partnership offering.

Enserch Development Corporation Represented a major energy project development firm in formulating and implementing a strategy for developing a $100 million co-generation project in Hawaii. Included representing the firm in several major proceedings before the Hawaii Public Utilities Commission, negotiating a power purchase agreement with a local utility under PURPA and state law, obtaining tax-exempt financing authorization from the State Legislature, coordinating all phases of state and county project permitting activities, and assisting in political and community relations matters.

Antitrust and Trade Regulation Counseled primarily corporations in federal and state antitrust and trade regulation matters. Included counseling regarding proposed stock and asset acquisitions, corporate mergers and joint ventures, conducting antitrust compliance programs, and assisting in federal and state antitrust litigation. Represented a Hawaii firm in a nationwide class action litigation involving almost all U.S. cement and ready mix companies, which was ultimately successfully settled in the defendants' favor.

Neugenesis Corporation Represented a Hawaii biotechnology firm engaged in developing a new culture growth process. Assisted in structuring its formation, and in financing arrangements, contract and licensing arrangements, and other matters.

Distinctions

• Selected by attorney peers for inclusion in The Best Lawyers in America 2010, for Energy Law.
• Colonial Club
• Chairman's Cup for Outstanding Service, Red Cross
• State Legislative Resolutions Commission on the Year 2000
• Japan Foundation Grant

Affiliations

• American Red Cross, Hawaii, 1990 - Present; Vice Chairman, International Legal Adviser
• Pacific and Asian Affairs Council, 1976 - Present
• Chamber of Commerce of Hawaii, 1990 - Present
• Honolulu Committee on Foreign Relations, 1983 - Present