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Women Helping Women’s 23rd Annual Event Fundraiser
Shannon Sheldon and Keri Mehling of McKeon Sheldon Mehling LLLC attended the 23rd Annual Women Helping Women Fundraiser on Sunday, March 8th, 2020. The theme this year was “Wahine Alakaʻi…
STAYING SAFE
It appears that crime in Hawai’i is on the rise. More disturbing is that violent crimes have increased, including violent robberies, assaults, and crimes involving firearms. Since 2017, there has…
7 Reasons to Avoid Litigation in Association Disputes
Partner Keri C. Mehling's article on 7 Reasons to Avoid Litigation in Association Disputes was featured in the Building Management Hawaii November 2019 issue. See below for featured article. …
Should Our Association Incorporate?
What is it? Incorporation is the formation of an entity, typically a non-profit corporation for an association, by filing the requisite documents with the State of Hawaii. Incorporating is not…
Upstairs, Downstairs: Dealing With Noise Disputes
Noise disputes among owners can be one of the most troublesome problems that community associations and their managers face. Not only can they be expensive to resolve, they can cause…
Changes to Assessment Law
This 2018 summer legislative session contained some significant changes in the law pertaining to the way associations collect. The law took effect on July 1, 2018. Most significantly, HRS §…
Maui Jury Awards $1.7 Million to Disabled Owner and Spouse Against Association
On July 17, 2018, a Maui jury sided with a disabled man and his wife and awarded the Kihei couple $1.7 million for emotional distress and punitive damages against their…
Act 181 May Impact Developers Under Chapter 514A, HRS
On July 11, 2017, Governor Ige signed Act 181 into law, effective January 1, 2019, which will repeal Hawaii Revised Statutes (“HRS”) 514A. While Act 181 is a positive step…
MSM Wins Court Battle for AOAO Against Owner
After a two-year court battle, MSM’s litigation team, led by partners William McKeon and Keri Mehling, successfully obtained an injunction for an oceanfront condominium project on Maui’s west side against…
Tips for Selecting a Trademark
Before your entrepreneurial enthusiasm takes over and you rush to market with a trademark that merely describes the product or service you're selling, take a breath. Your trademark may become…
How Valuable Are Design Patents?
Contributed by: Jeffrey G. Sheldon from Law on IP. They can be valuable, but they are not worth as much as they were yesterday. A little background: Design patents cover…
Tragic Fire Motivates Legislators to Reconsider Mandatory Retrofitting in Older Apartment Buildings
The tragic fire that broke out on Friday, July 14, 2017, at the Marco Polo Apartments in Honolulu has catalyzed action on the part of Hawaii’s legislators to mandate retrofitting…
Is Your Firework Display Legal? Understand Maui County’s Firework Laws
As we head into the Fourth of July, many Maui residents are preparing for an evening of star-spangled banners, refreshing beverages, and friendly neighborhood rivalries over who will put on…
Hawaii Passes Law Affirming Dedication to Paris Accord
On June 6, 2017, Hawaii became the first state to pass a law affirming its dedication to the goals of the Paris accord alongside 195 nations across the globe. The…
Deck Collapse in Connecticut Injuring 30 Students: Shows Need for Regular Structural Inspections
Unfortunately, we can all picture this scene. On a Saturday night (September 10, 2016 to be exact), college students at a three-story house owned by Trinity College in Hartford, Connecticut…
Governor signs ACT 238, relating to Planned Community Associations
On July 12, 2016, Governor Ige signed into law Act 238 (HB 1541 HD1 SD 1) relating to Planned Community Associations ("PCA"). The Act seeks to amend certain sections of…
What It Means to Be a Good Neighbor in an Association
We all have different opinions of what makes a “good neighbor”. Some people would classify a good neighbor as someone who will chat across the fence or is willing to…
Slow Down! Why Speeding and Parking Regulations are Important
Even the most law-abiding citizens are usually guilty of speeding and parking violations every now and then. Whether it be rushing to work or absent-mindedly driving fast to an upbeat song,…
The Problems With Short-Term Rentals
It has come to light that thousands of illegal vacation rentals and short-term rentals are occurring throughout the islands. For Maui, it was reported that in 2014 there were 8,840…
President Obama Signs Into Law the Defend Trade Secrets Act
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), creating the first federal civil remedy for trade secret misappropriation. The new law…
No Pono When It’s Ono: How Do I Protect My Recipe from Copycats?
Maui has a flourishing food industry, from locally grown pickles and cookies that melt in your mouth to all-organic energy bars that are out of this world delicious. What gives these companies…
Is Your Aloha Shirt Design Copyrightable? The U.S. Supreme Court Set to Decide Whether Garment Designs Are Protectable
Last week, the U.S. Supreme Court announced that it will address what was described by the petitioners in the case as “the single most vexing, unresolved question in all of…
Intellectual Property: Non-Practicing Entities Likely to Roll Out More Lawsuits
A decision on August 13, 2015 by the Federal Circuit increases the probability that non-practicing entities, referred to by some as “patent trolls”, will be rolling out more law suits.…
What Does Cumulative Voting Mean?
In cumulative voting, voters cast as many votes as there are seats. They can put multiple votes on one or more candidates. Unlike winner-take-all systems, voters are not limited to…
Can a Board Legally Vote in Emails?
Many Boards are finding that it is much easier to take action by voting via email. Is this a legal method of voting? Hawaii Revised Statutes (“HRS”) Chapter 514B, the…
Good Board Conduct: Knowing Your Obligations and Fiduciary Duties
Serving on a board of directors for an association – a voluntary job – has stringent requirements. The below list identifies for the board of directors their obligations and fiduciary…
Do You Own the Software You Paid For?
By Shannon Sheldon and Jeffrey G. Sheldon All rights reserved...Or are they? Your company retains an outside programmer to write software that later is copied by a competitor. Your company…
Operators of Kayak, Outrigger Canoe, Spear Fishing, Scuba Diving and Related Shoreline-Based Commercial Activities, Beware!
You Are Now Likely Subject to DLNR’s Commercial Permitting Rules! Over the past few years, the Department of Land and Natural Resources (“DLNR”) has been fielding more and more complaints…
Will Trade Secrecy Finally Join Its IP Siblings, Patents, Trademarks and Copyright, in Federal Court?
On January 20 2015, President Obama in his State of the Union address called for congressional action on cybersecurity, invoking the need to protect our businesses’ privacy, trade secrets and…