Elijah Yip

Information Technology and Privacy Law

• Advised retailers and providers of professional services on GDPR compliance
• Developed Terms of Use for intra-company social network platform
• Advised developer of educational software platform on compliance with FERPA and COPPA
• Represented publicly traded company in arbitration (and later mediation) of contract dispute with vendor of CRM application
• Draft Terms and Conditions and Privacy Policies for websites
• Draft and update social media policies
• Obtained injunction for removal of defamatory blog postings against small business owner
• Defended claim of infringing use of online images
• Advised on protection of privacy rights in connection with digital recording of individual without her knowledge or consent
• Represented health provider in contract dispute with EHR vendor
• Counseled various companies on legal obligations in responding to data breach incident
• Assisted shopping center in developing social media contest rules to comply with online endorsement and sweepstakes laws
• Advised online advertisers in compliance with advertising laws governing social media influencers
• Assisted shopping center in developing social media contest rules to comply with online endorsement and sweepstakes laws

Litigation, Arbitration and Mediation

• Obtained $1.1 million judgment for subcontractor after trial in a contractual dispute with national environmental remediation company
• Successfully defended hospitality industry leader in arbitration against breach of contract claim brought by international restaurant chain. Resolved case by way of motion for summary disposition
• Obtained million-dollar arbitration award for private real estate developer against governmental agency
• Secured jury verdict for defendant in defamation action against magazine publisher. Successfully defended judgment on appeal to Ninth Circuit. Chapman v. Journal Concepts, Inc., No. 09-16303, 2010 WL 4269524 (9th Cir. Oct. 27, 2010)
• Successfully challenged government agency’s interpretation of exception to open meetings requirement under State Sunshine Law. Right to Know Committee v. City Council, 117 Hawai`i 1, 175 P.3d 111 (App. 2007)
• Helped major Honolulu newspaper to obtain access to sealed court records in whistleblower action against a municipal employer. Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006)
• Won summary judgment and Ninth Circuit affirmance on claims to enforce judgment against judgment debtor and its partners and successors-in-interest
• Obtained reversal of County of Hawaii Planning Commission’s decision to deny Special Management Area permit to developer of proposed condominium project
• Assisted in defense of publicly-traded company in consumer fraud class action

Environmental and Natural Resources Law

• Represented coalition of transportation providers in lawsuit challenging EIS for public transit project
• Helped publicly-traded retail company navigate through requirements of NEPA and HEPA in connection with development of new store; Developed strategies to pre-empt legal challenges to project under HEPA
• Represent major Hawaii landowner in proceedings before the Commission and Water Resource Management in proceedings involving petition to amend interim instream flow standards and applications for water use permits
• Assisted major Kauai landowner in procuring a NPDES permit
• Obtained favorable settlement on behalf of non-profit group that was sued for non-compliance with EIS requirements in connection with project to eradicate invasive species
• Coordinated due diligence of permitting and other environmental regulatory issues relating to wind farm project

Healthcare Law

• Advised managed care provider on structuring acquisition of physician practice to comply with Stark Law and Anti-Kickback Statute
• Conducted investigation into major hospital organization’s compliance with federal anti-fraud regulations in connection with acquisition of physician’s practice
• Advised medical information service provider on applicability of EHR safe harbor in connection with agreement to provide EHR software and training to major Hawaii health organization
• Counseled physician health practice in negotiations with national medical group in transaction subject to the Anti-Markup Rule

• The Best Lawyers in America© in Litigation-Real Estate (since 2017), Litigation-Environmental (since 2017; Lawyer of the Year in 2020),  Commercial Litigation (since 2020), Information Technology Law (since 2021)
• Super Lawyers, since 2013 (named one of Top 25 Hawaii lawyers by Super Lawyers in 2014, 2019, 2020)
• Rated AV (Preeminent) by Martindale-Hubbell
• Pacific Business News “Forty Under 40” Class of 2012
• Named a Future Star by Benchmark Litigation, Since 2015
• Co-Editor-in-Chief, University of Hawaii Law Review
• Member of national championship team, National Environmental Moot Court Competition (1999)

2021 

• Practicing Law - Virtually Speaking
  Event/Audience: Kauai Bar Association
  
  
• E-Commerce & Privacy Laws for Your Growing Business
  Event/Audience: MBDA Enterprise Women of Color Business Center at YWCA O`ahu and the Veterans Business Outreach Center of the Pacific
  
  
• Ethics of Technology (panel presentation)
  Event/Audience: Will Weinstein Ethics Conversation Series

2020 

• Cybersecurity and Data Privacy
  Event/Audience: Hawaii Bar Association Government Lawyers Section

• Cybersecurity and Legal Ethics (panel presentation)
  Event/Audience: Hawaii Bar Association

• Data Privacy
  Event/Audience: Honolulu Board of Realtors

• Business Disruption & the Law (panel presentation)
  Event/Audience: Hawaii Employers Council

2019 

• Internet Law (panel presentation) - online privacy
  Event/Audience: Intellectual Property and Technology Section of Hawaii Bar Association
• Legal Ethics and Cybersecurity
  Event/Audience: Hawaii Bar Association 

2018 

• “Social Media for Litigators”
  Event/Audience: Federal Bar Association
• CERCLA Liability
  Event/Audience: Cades Finance, Real Estate, and Corporate Department Academy 

• Social Media Legal Issues Affecting Jurors
  Event/Audience: U.S. District Court, District of Hawaii Conference 

• “Social media for employers”
  Event/Audience: IIA/ISACA 

• Panel discussion on GDPR
  Event/Audience: INTERFACE Conference 

2017 

• “Navigating Security Issues in a Cloud Environment”
  Event/Audience: American Intellectual Property Law Association (Mid-Winter Institute) 

• Cybersecurity
  Event/Audience: Cades Corporate Counsel Series 

• “Social media ethics for attorneys”
  Event/Audience: Hawaii State Bar Association 

• “Technically Legal: Managing Legal Risks in a Digital World”
  Event/Audience: Hawaii Independent Insurance Agents Association 

• “Social Media Legal Issues”
  Event/Audience: American Judicature Society, Hawaii Chapter annual meeting 

2016 

• “Legally Social”
  Event/Audience: Manoa Communicators Group 

• Chair, Hawaii Water Law Seminar and presenter on“Survey of Hawaii Supreme Court Law: Public Trust Doctrine, Contested Cases, Constitutional Claims”
  Event/Audience: The Seminar Group – 2016 Hawaii Water Law Seminar 

2015 

• “Open Government Laws”
  Event/Audience: National Federation of Paralegal Associations 

• Cyber Insurance” co-presented with Christopher Goodin, Esq.
  Event/Audience: Hawaii Association of Adjusters 

• “Legal Ethics and Social Media: What Attorneys Need to Know”
  Event/Audience: Hawaii State Bar Association Live Webcast 

• “Online Ethics”
  Event/Audience: NBI Seminar

2014 

• “Files Are Our Friends: Strategies For Complying With Recordkeeping Laws and Avoiding Disputes”
  Event/Audience: Hawaii Employers Council 

• “Social Media Evidence–a Primer”
  Event/Audience: Hawaii State Judiciary Judges Conference 

• “Ethics in a Wired and Wireless World”
  Event/Audience: Hawaii State Bar Association Spring Conference 

• “Social Media Policies: Rules of the Road”
  Event/Audience: Anthology Group 

• “Technically Legal: What Employers Need to Know About Law and Technology”
  Event/Audience: Risk and Insurance Management Society, Hawaii Chapter 

• “Image Sharing Apps: Or, the Perils of Picture Posting”
  Event/Audience: Anthology Group 

• “Use of Technology and Social Media in the Practice of Law”
  Event/Audience: Senior Counsel Division, Hawaii State Bar Association 

• “Digital Strategies For Business Growth” co-presented with Tara Coomans, Mary Fastaneau, Emi Hart, Michael Tam
  Event/Audience: Pacific Business News panel “Legal ‘Buzz’: The Law of Online Endorsements”

• “Legal ‘Buzz’: The Law of Online Endorsements”
  Event/Audience: Anthology Group

2013 

• “Social Networking With a Purpose” co-presented with Evan Shirley, Esq.
  Event/Audience: Litigation and Appellate Sections, Hawaii State Bar Association 

• “BYOD Challenges: When Employees Bring Their Own Devices To Work”
  Event/Audience: BLR/HR Hero’s Advance Employment Issues Symposium 2013 

• “Social Media for 2014 and Beyond: How to Reap the Benefits and Avoid the Risks”
  Event/Audience: BLR/HR Hero’s Advance Employment Issues Symposium 2013
• “The Perks and Perils of Social Media”
  Event/Audience: Senior Counsel Division, Hawaii State Bar Association 

• “Tech@Work: How Employers Can Thrive in the Digital Workplace”
  Event/Audience: Hawaii Employers Council, Training Seminar 

• “A Primer on Social Media and the Law”
  Event/Audience: Hawaii Social Media Summit & Expo 

• “Social Media Hiring Practices”
  Event/Audience: Hawaii Civil Rights Commission/EEOC Honolulu Local Office Annual Training Program

• “Ethics and Social Media: What Attorneys Need to Know”
  Event/Audience: National Business Institute CLE seminar

2012 

• “Use and Discovery of Social Media Evidence”
  Event/Audience: Litigation Section, Hawai‘i State Bar Association
• “What Employers Can Do Regarding Social Media Policies, Procedures, Emails and Handbooks” co-presented with Amanda M. Jones, Esq.
  Event/Audience: 2012 Conference of the Society of Human Resource Management—Hawaii  Chapter
• “E-Discovery in Hawai‘i: Navigating the Pitfalls of Preservation and Production”
  Moderator
  Event/Audience: Hawai‘i State Bar Convention
• “Social Media in E-Discovery: A New Tool and Emerging Law”
  co-presented with Don Swanson
  Event/Audience: International Legal Technology Association
• “The 4 P’s of Social Media in the Workplace”
  Event/Audience: Society of Human Resource Management—Hawai‘i Chapter

• Elijah Yip and Martin E. Hsia, Confidentiality in the Cloud: The Ethics of Using Cloud Services in the Practice of Law, Hawaii Bar Journal(August 2014)
• Jeffrey S. Portnoy, Peter W. Olson, and Elijah Yip, Privilege Compendium (Hawaii chapter) (Reporter’s Committee for Freedom of the Press: 2007)
• Jeffrey S. Portnoy, Peter W. Olson, and Elijah Yip, Mass Communication Law in Hawaii, (New Forum Press: 2003)
• Hawaii State Bar Association’s Federal Appellate Practice Manual(2013), Chapter on Oral Argument
• Elijah Yip & Eric K. Yamamoto, “Justice Ruth Bader Ginsburg’s Jurisprudence of Process and Procedure,” 20 U. Haw. L. Rev. 647 (1998)