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Crystal K. Rose

E-mail MeCrystal K. Rose

Partner
Location:
Honolulu, Hawaii
Phone:
808-523-9000
Fax:
808-533-4184
Email:

Crystal Rose is one of Hawaii's most accomplished and creative business litigation attorneys. Ms. Rose's cases over the past two decades have helped shape the face of Hawaii business, transforming among others the state's largest private landowner and the state's banking industry.

Ms. Rose's diverse practice includes counseling clients and litigating disputes involving real estate, construction, trusts, and commercial transactions. Ms. Rose's prominent cases include:


Real Estate, Business and Major Tort Litigation

  • Represented Central Pacific Bank in complex litigation arising from the bank's planned takeover of City Bank. The case was Hawaii's first major takeover litigation in more than a decade. Central Pacific Bank successfully completed the takeover of City Bank in 2004. Ms. Rose now chairs the Board of Directors of Central Pacific Bank and its parent company, Central Pacific Financial Corp., which has more than $4 billion in assets.
  • Represented Xerox Corp. and its managers in the numerous lawsuits filed after Byron Uyesugi shot and killed seven of his Xerox co-workers in 1999. After extensive discovery and motions, all claims were resolved.
  • Represented the Trustees of Kamehameha Schools in the defense of the Schools' admission policy providing a preference to Native Hawaiian children. The policy was upheld by the U.S. District Court, Doe v. Kamehameha Schools, 295 F.Supp.2d 1141 (D. Haw. 2003), and affirmed by the Ninth Circuit Court of Appeals sitting en banc. Doe v. Kamehameha Schools, 470 F.3d 827 (9th Cir. 2006). The case was resolved prior to a hearing by the U.S. Supreme Court, and the Schools continue their important mission of educating Native Hawaiian children.

Trusts and Estates Litigation

  • Represented Kamehameha Schools Trustee Oswald Stender in his Petition to Remove fellow Trustee Lokelani Lindsey, to stop the harm she was causing to the Schools' students and the Schools' mission. After a highly-publicized five-month trial, the Circuit Court removed Lindsey as a trustee. The removal was affirmed by the Hawaii Supreme Court. Lindsey's removal, and related litigation, led to a major reform of the governance of Kamehameha Schools, Hawaii's largest landowner.
  • Represented the Trustees of the Don Ho Trust in contentious litigation challenging the estate of well-known Hawaiian singer Don Ho. An arbitrator ruled in favor of the Trustees on all issues, and awarded them all of their attorneys' fees and costs.

Construction Litigation

  • Represented the Trustees of Kawaiaha'o Church against claims seeking to block construction of the church's planned $17 million community center. A Circuit Court judge denied the plaintiffs' motion for preliminary injunction in its entirety, allowing construction to proceed.
  • Represented one of Hawaii's largest homebuilders, Gentry Homes, in litigation involving alleged construction defects, including a class action arising from alleged termite problems. All cases were successfully resolved.
  • Represented a prominent businessman regarding claims that an architect fraudulently mismanaged construction of the businessman's home. An arbitrator awarded Ms. Rose's client $1.4 million in damages.
  • Represented one of Hawaii's top architectural firms, Group 70 Architects, and one of Hawaii's top engineering firms, R.M. Towill Corp., on numerous construction and contract-related claims. All cases were successfully resolved.

Ms. Rose has experience and expertise in corporate governance and related legal and compliance issues. She has served on the Board of Directors of Central Pacific Bank, Hawaiian Airlines, Hawaiian Electric Company, and the Gentry Companies. She also has served as a Commissioner to the State of Hawaii Department of Hawaiian Homelands.

Ms. Rose is active in the community. Her community service includes serving as a Board Member of the Native Hawaiian Legal Corporation; a member of the Board of Advisors to the Chief Executive of Kamehameha Schools; the Secretary and Treasurer of the Native Hawaiian Chamber of Commerce; a Board Member of the Boys and Girls Club of Hawai'i; a member of the Circuit Court Civil Rules Committee for the First Circuit Court, State of Hawai'i; a Hearing Committee Member of the Disciplinary Board of the Hawai'i Supreme Court; and a member of the State of Hawai'i Board of Engineers, Architects, Surveyors and Landscape Architects.

Ms. Rose's professional publications include authoring "Residential & Commercial Evictions in Hawai'i" (National Business Institute, 1994); "Advanced Real Estate Law" (National Business Institute, 1991, 1992, 1994); "Basic Real Estate Law" (National Business Institute, 1990, 1991); and "Real Estate Broker Liability" (Hawai'i State Bar Association, 1989).

Ms. Rose was born and raised on the Big Island, and graduated from Kamehameha Schools. She is a graduate of the Hastings College of Law, University of California. Since 1987, she has been a partner of the law firm now known as Bays Lung Rose & Holma.

Areas of Practice

  • Business Litigation
  • Real Estate
  • Construction
  • Commercial Transactions
  • Trusts
  • Corporate Governance
  • Arbitration/Mediation

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Hawaii, 1982
  • U.S. Federal Courts, 1982
  • U.S. District Court District of Hawaii
  • U.S. Court of Appeals 9th Circuit
  • U.S. Supreme Court

Education

  • University of California, Hastings College of the Law, San Francisco, California
    • J.D., Doctor of Jurisprudence - 1982
  • Willamette University, Salem, Oregon
    • B.S., Bachelor of Science - 1979

Published Works

  • Author, "Residential & Commercial Evictions in Hawai'i", National Business Institute, 1994
  • Author, "Advanced Real Estate Law", National Business Institute, 1991, 1992, & 1994
  • Author, "Basic Real Estate Law", National Business Institute, 1990 & 1991
  • Author, "Real Estate Broker Liability", Hawai'i State Bar Association, 1989

Classes/Seminars

  • University of Hawaii School of Architecture, Lecturer

Professional Associations and Memberships

  • American Bar Association, Member, 1982 - Present
  • American Arbitration Association, Arbitrator
  • Native Hawaiian Legal Corporation, Board Member
  • Board of Advisors to the Chief Executive of Kamehameha Schools, Member
  • Native Hawaiian Chamber of Commerce, Secretary and Treasurer
  • Boys and Girls Club of Hawai'i, Board Member
  • Circuit Court Civil Rules Committee for the First Circuit Court, State of Hawai'i, Member
  • Disciplinary Board of the Hawai'i Supreme Court, Hearing Committee Member
  • State of Hawai'i Board of Engineers, Architects, Surveyors and Landscape Architects, Member