Current Employment Position(s)

Partner

Lawyer Overview

Chris Cole is a partner in the firm's Honolulu office and is a member of the Labor & Employment practice group.  He concentrates his practice on civil litigation, with an emphasis in labor and employment law, real estate litigation, environmental litigation, and complex commercial litigation.

Published Decisions
 United Western Grocers, Inc. v. Twin City Fire Ins. Co., 457 F. 3d 1106 (9th Cir. 2006).
 Office of Hawaiian Affairs v. State, 110 Haw. 338, 133 P.3d 767 (S. Ct. 2006).
 Wemple ex rel. Dang v. Dahman, 102 Haw. 27, 72 P.3d 499 (App. 2002), rev'd, 103 Haw. 385, 83 P.3d 100 (S. Ct. 2004).
 Kamaole Pointe Dev. LP v. Hokama, 573 F. Supp. 2d 1354 (D. Hawaii 2008).

Affiliations
 Hawaii State Bar Association
 American Bar Association

Representative Cases

Employment Discrimination Litigation  Defended retail store chain against enforcement action by the United States Equal Employment Opportunity Commission alleging violation of the confidentiality provisions of the Americans with Disabilities Act of 1990.  Obtained summary judgment in client's favor against the EEOC.

Insurance Coverage Litigation  Filed declaratory relief lawsuit against client's first-tier D&O insurance carrier for failure to provide coverage against complex bankruptcy litigation asserting breach of fiduciary and deepening insolvency claims against management.  Drafted appellate briefs challenging lower court's grant of summary judgment in favor of insurer.  U.S. Ninth Circuit Court of Appeals reversed lower court, and remanded for further proceedings. 

Labor and Employment Advice  Advise numerous employers on a variety of workplace legal issues, such as compliance with state and local labor laws, discipline and discharge, review of personnel procedures, sexual harassment policies, internal investigations, wage and hour laws, and similar matters.

Native Hawaiian Rights Litigation  Represented Office of Hawaiian Affairs in breach of trust case against the State of Hawaii involving ceded lands.

Land Use Litigation  Brought lawsuit on behalf of landowner challenging constitutionality of Maui ordinance that required owners to sell 50% of new housing units at fixed prices.

Wrongful Termination  Defended construction company against whistleblower claim by union employee alleging she was terminated for complaining about violence in the workplace.  Removed lawsuit to federal court, and obtained summary judgment in client's favor based on key admissions extracted from the Plaintiff at her deposition. 

Commercial Litigation  Foreclosed on shares of privately held stock pledged to secure loans purchased by client.  Complex litigation ensued in bankruptcy, state and federal district courts.  Judgments in client's favor were satisfied out of proceeds of auction conducted in federal court.

Sex Discrimination  Defended hotel at trial against claim by woman who alleged sex discrimination.  Plaintiff was fired by food and beverage manager after she and two male coworkers were caught eating pancakes from the buffet line.  Male coworkers were not fired, but Plaintiff challenged legitimacy of hotel policy and was terminated for insubordination.  Judgment was rendered in favor of the client-hotel.

Environmental Litigation  Defended oil company against lawsuit by neighboring commercial property owner for contamination allegedly caused by leaking storage tank. 

First Amendment (Campaign Finance)  Intervened on behalf of political candidate in lawsuit challenging constitutionality of campaign finance statutes.  Secured an injunction against the Defendants barring enforcement of the challenged law.

Areas of Practice

• Labor & Employment
• Litigation & Alternative Dispute Resolution
• Commercial Litigation
• Environmental Litigation
• Labor & Employment
• Real Estate & Land Use

West Practice Categories

Business & Commercial Law, Employment Law -- Employer, Environmental Law, Labor Law, Litigation & Appeals, Complex Litigation, Real Estate Law

Bar Admissions

• Hawaii

Education

• University of California, Hastings College of the Law, San Francisco, California
  J.D.
• University of California, Los Angeles, California
  B.A.
  Major: English
  Major: History

Address

ASB Tower
Suite 2200
1001 Bishop Street
Honolulu, HI 96813

Phones

808-523-2543

Faxes

808-523-0842

Emails

Contact Us

Websites

http://www.carlsmith.com