Atty. Elijah Yip

Elijah is a commercial litigator. He counsels clients in litigation and non-litigation contexts regarding Internet and information technology law, environmental regulation, health care, and First Amendment rights. He chairs the Digital Media, Internet and Information Technology Law practice group and the Health Care practice group.

As a business litigator, Elijah represents clients ranging from publicly traded companies to sole proprietors in disputes concerning a variety of subject matters including: breach of contract, real property transactions, construction projects, defamation, privacy rights, and violations of open government laws. In addition to helping clients navigate through the litigation process, Elijah draws from his conflict resolution experience to counsel clients on legal compliance and loss prevention in the areas of Internet and Information Technology (IT) law, environmental regulation, and health care. He is a frequent speaker on his areas of expertise, and he writes about developments in the nexus between law and technology on his blog, LegalTXTS.

Before joining Cades Schutte, Elijah clerked for U.S. District Judge Samuel P. King. He was an adjunct professor at the William S. Richardson School of Law and taught media law at the University of Hawaii.

Elijah is fluent in Cantonese.

EXPERIENCE

Information Technology Law

• 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 health care company 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

Commercial and Business Litigation

• 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
• 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

First Amendment, Media, and Open Government Law

• 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 Hawaii 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)
• Advised online advertisers in compliance with regulatory restrictions on social media marketing

Environmental 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 an 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

Health Law

• 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

EDUCATION

• J.D. (1999), William S. Richardson School of Law, University of Hawaii, summa cum laude
• B.A., University of Hawaii, with distinction

ADMISSIONS

• Hawaii State Bar (1999)
• United States District Court for the District of Hawaii
• Court of Appeals for the Ninth Circuit

AWARDS

• Future Star by Benchmark Litigation, Since 2015
• AV (Preeminent) by Martindale-Hubbell
• Top 25 Hawaii lawyers by Super Lawyers (2014)
• Super Lawyers, Business Litigation, Technology Transactions, Environmental (2013 – 2015), 2017
• Board of Regents Scholar (University of Hawaii)
• Co-Editor-in-Chief, University of Hawaii Law Review
• Member of national championship team, National Environmental Moot Court Competition (1999)
• Pacific Business News “Forty Under 40” Class of 2012
• Best Lawyers of America®, Since 2017

MEMBERSHIPS

• High Technology Development Corporation (Director, 2015 – present)
• Hawaii State Bar Association (2012 Chair, Litigation Section)
• American Bar AssociationMcKinley High School Foundation (Director, 2002-present)
• Legal Aid Society of Hawaii (Director, 2014-present)
• Good Shepherd Lutheran Church (2002-2006; President: 2003-2006)
• Mauka-Makai Ministries (President: April 2007 – present)
• HisBiz Ministries (Secretary: October 2007 – present)
• Online Media Legal Network