MICHAEL MARSH, ESQ.
AREA OF EXPERTISECommercial/Business , Construction/Design , Employment/Labor , General Civil , Intellectual Property , Real Property
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Michael Marsh graduated from George Washington University Law School in 1973 and returned to Hawaii to practice, first as a law clerk to Norito Kawakami, the Administrative Judge for the First Circuit Court at that that time, then as Deputy Attorney General for State of Hawaii under Ron Amemiya and, in 1978, with the firm known today as Case Lombardi & Pettit.
Since entering private practice in 1978, his practice has been primarily concentrated on construction, development and real estate disputes. With regard to construction disputes, he has represented owners (including associations), developers, design professionals, contractors, subcontractors and material suppliers in virtually every type of dispute that can arise in connection with design and construction. His experience with development and real estate disputes includes a wide range of claims arising in connection with development of condominiums and subdivisions and termination of purchase and sale agreements, as well as disputes arising under commercial leases. In addition to many matters resolved through mediation and arbitration, his experience includes litigation of numerous cases in the state and federal courts of Hawaii.
Although his practice since 1978 has been primarily focused on construction, development and real estate disputes, it has also included labor and employment matters. With regard to labor matters, Mr. Marsh has experience with union recognition, elections and unfair labor practice charges. Although most of that experience was obtained while representing employers, it also includes obtaining recognition for and then serving as the representative of a labor union while in law school and acting as the board representative for a Hawaii non-profit during contract negotiations. With regard to employment matters, Mr. Marsh has advised and represented numerous employers as well as a number of employees in connection with claims involving wrongful termination, discrimination, trade secrets and enforcement of restrictive covenants prohibiting competition and/or solicitation. His experience with labor and employment law matters includes NLRB proceedings, state and federal court litigation, arbitration, and EEOC, HCRC and DLIR administrative proceedings.
Mr. Marsh has also handled disputes relating to trademarks and copyrights. In addition to representing many international trademark owners in connection with seizure and injunctive relief actions to prevent sale of counterfeit goods, Mr. Marsh has experience with disputes involving conflicting claims to trademarks. With regard to copyrights, Mr. Marsh has advised clients in connection with and litigated claims for infringement of a variety of copyrights for music, various designs (e.g., fabrics, patterns) and architectural works. His experience with trademark and copyright disputes has generally involved litigation in the United State District Court for the District of Hawaii.
Mr. Marsh has been a panelist for numerous construction related and employment law seminars and has been an arbitrator for the Court Annexed Arbitration Program since its inception. He is rated AV (“highest level of legal skill, ability and integrity”) by Martindale Hubble, has been recognized by Best Lawyers in America for Dispute Resolution, is recommended by Chambers & Partners (Chambers USA) for general commercial litigation based on client interviews, and recognized as a “local litigation star” by Benchmark Litigation in its Definitive Guide to America’s Leading Litigation Firms & Attorneys.