James H. Case, Attorney

James Case is of counsel in the firm's Honolulu office and is a member of the Corporate & Business Practice Group. He has represented many types of businesses in Hawaii over the past 50 years, acting for a good part of the time as outside general counsel for corporations engaged in the tourism industry, agriculture industry, real property development, and utilities. Most of his work has involved representing major clients over long periods of time.  Mr. Case was selected by attorney peers for inclusion in The Best Lawyers in America 2010 in the field of Corporate Law.

Representative Matters

InterIsland Resorts, Ltd. Assisted minority stockholders in gaining control of the company; developed seven major hotels; acquired ground transportation companies on all islands; represented largest wholesale travel business; multiple public stock offerings to raise funds for hotel development; multiple borrowings; labor relations; negotiation of hotel/management agreements; negotiation of hotel joint ventures; sales of hotels; SEC work pursuant to 1934 Act; and eventual liquidation of company under Section 337 of Internal Revenue Code.

Hotel Development Assisted clients in developing hotels (such as the Kauai Surf, Kona Surf, Maui Surf, Naniloa Surf, Kauai Islander Inn, Kona Islander Inn, and Outrigger); assisted clients in acquiring sites by purchase or lease; financing funds necessary for construction; matters relating to hotel operations.

Hamakua Sugar Company, Inc. Formed corporation to acquire all assets of an existing company; structured acquisition loan and subsequent loans; advised on all matters relating to sugar business; counseled on  land planning for major land sales;  managed major land sales.

Agriculture Representation of sugar plantations, macadamia nut farms, coffee farms, papaya processors and ranches; development of 4,000 acres of macadamia nut farms through use of 11 limited partnerships; acquisition of papaya company and subsequent corporate advice; representation of many sugar plantations from 1952 to date.

American Financial Services of Hawaii, Inc. Assisted American Trust Co. of Hawaii, Inc., in acquisition of Bishop Trust Co., Ltd., from Crocker National Bank; represented company in trust business over the years; international offering of the company for sale; negotiated merger terms with prospective buyer; drafted merger documents; supervised closing of merger.

Citizens Utilities Company Assisted client in acquiring Kauai Electric Company, Ltd.; represented company in matters before Public Utilities Commission, including rate cases; multiple offerings of special purpose revenue bonds for plant expansion.

Bond Issues Represented public utilities in issuance of special purpose revenue bonds; developers in use of improvement district bonds; utilities in issuance of corporate bonds; corporations in issuance of convertible debentures.

Land Development Represented developers of condominiums (Yacht Harbor Towers, Admiral Thomas, Wailana, One Kalakaua Senior Living, and Diamond Head Vista); land acquisition by purchase or lease, financing, development, condominium documents, and marketing services

Fee Conversions Represented 15 community associations of single family homes in acquiring fee simple interest of lands from the landowners; representation of numerous condominium associations and co-operatives in acquiring land from their landowners.

ML Macadamia Orchards, L.P. Represented this master limited partnership on all of its legal matters for many years. The company is the largest grower and farmer of macadamia nuts in the world, farming some 7,000 acres. The Limited Partner units are traded on the New York Stock Exchange. Responsible for SEC compliance. Supervised litigation including anti-trust litigation.

C. Brewer & Company, Limited Brewer is the oldest company in Hawaii, having been formed in 1826. Have represented the company during its dissolution, requiring disposition of some $400,000,000 in assets located in numerous subsidiaries and/or divisions over a period beginning in 2001.

Distinctions

• Highest "AV" Professional Rating, Martindale-Hubbell Law Directory
• Listed in Chambers USA: America's Leading Lawyers for Business
• Listed in The Best Lawyers in America 2010 in the field of Corporate Law

Affiliations

• Hawaii State Bar Association
• ML Resources, Inc. - Former Director
• Inter-Island Resorts, Ltd. - Former Director
• Hamakua Sugar Co., Inc. - Former Director
• Arcadia Retirement Residence - Former Chairman
• Central Union Church - Former Chairman
• Hanahouli School - Former Trustee
• Pacific Club - Former Director