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At Zahaby Law Offices we handle simple through complex and sophisticated real estate, estate and business matters in Honolulu and on Kauai, Maui and the Big Island. We are dedicated to being accessible, efficient, responsive, professional and always acting with caring and aloha. We offer our services to start-up businesses, families and established developers, real estate brokerages and local business institutions.

REAL ESTATE: Acquisitions and Sales of Real Property, Real Estate and Corporate Litigation Analysis, Arbitration and Expert Testimony, Brokerage Agreements, Condominium Development, including formation of projects and obtaining Public Reports, Conveyancing, Development (Residential and Resort Communities, primarily), Easements and Licenses, Encroachments and Party Walls, Escrow, Finance (Documentation, Commercial Real Estate Loans), Land Use and Zoning, Leased Fee Conversions and, Sales Contracts, Leasing - commercial and office, Standard Form documents,Title Matters.

ESTATE PLANNING: Basic Tax Preparation, Living Trusts and Wills, Irrevocable Trusts, Charitable Trusts, Special Needs Trusts, Medicaid Planning, Retirement Trusts, Self-Directed IRAs, Health Care Directives and Final Wishes, Family Limited Partnerships, Limited Liability Companies, Business Succession Planning, Asset Protection, Insurance Trusts, etc.
BUSINESS PLANNING: Creation and Maintenance of LLCs, C-Corporations & S-Corporations, Hawaii Registered Agent Services, Asset Protection Planning, Compensation Planning, and Tax and Business Planning for Physicians, Business Owners, Professionals, and Low/High Net Worth Individuals, Basic Tax Preparation.
ADVERSARIAL PRACTICE & DISPUTE RESOLUTION: This firm strongly believes in a collaborative law process for resolution of all disputes. We encourage mediation or Ho'oponopono and we no longer agree with the judicial process for resolution of civil disputes. Civil litigation is not effective, is costly and may even be physically harmful to the average civil litigant. We offer services as mediator, arbitrator or counselor pursuant to a collaborative law agreement. All court filing inquiries other than uncontested divorce or stipulated settlements will be referred to other law firms.

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Friday, April 30, 2010

CONGRATULATIONS...YES, OUR OFFICES DRAFT CIVIL UNION CONTRACTS!

7:25 am hst

Saturday, April 17, 2010

Plaintiffs’ Attorneys ‘Foaming at the Mouth’ Over Goldman

By Amir Efrati

Goldman Suffice it to say, this wasn’t a good week for Goldman Sachs (examples here and here) — other than that by now most of its employees are kickin’ it in a sleek new Manhattan office.

By now, you’ve probably heard about the Securities and Exchange Commission’s allegations that Goldman sold a financial product tied to mortgages but withheld key information about it from investors, leading to $1 billion in investor losses.

In a statement issued Friday, Goldman vigorously denied the charges.

But now the firm may have something else to look forward to: private lawsuits that piggyback on the case.

“I think private lawyers are foaming at the mouth,” said Paul Geller of Robbins Geller Rudman & Dowd, which represents a union that is currently suing Goldman over mortgage-securities losses.

Below is what the firm could face.

Lawsuits by Alleged Victim-Investors

For starters, plaintiffs’ and defense attorneys agree that investors who were hurt by the alleged fraud are likely to sue.

As of now, it’s unclear whether the two investor-victims mentioned by the SEC in its case – Dutch bank ABN AMRO, now owned by the Royal Bank of Scotland, and a German bank called IKB – will file suit.

But those banks may have a fiduciary duty to their private or public shareholders to sue, said James Kramer, a lawyer at Orrick who defends companies against securities claims.

The SEC’s case “is a roadmap” for those alleged victims, he said.

One of several things could happen, he said. Goldman could settle with the SEC, and the alleged victims would have to do the heavy lifting to win their cases.

If Goldman doesn’t settle, the SEC could take depositions of Goldman employees, among other things, and disclose it publicly in court, potentially helping the lawsuits filed by alleged victims. If Goldman takes the case to trial and loses, Kramer said, it likely would choose to settle with the alleged victims rather than continue litigating.

Direct or Derivative Claims By GS Shareholders

Goldman’s shares dropped 13% on Friday after the SEC suit was filed, wiping out $12 billion in market capitalization. Thus, Kramer said, direct or so-called derivative lawsuits by shareholders are inevitable.

In derivative suits, which would be easier to bring than direct claims, Goldman shareholders — acting on behalf of the company — would sue Goldman’s board of directors for allegedly exposing the company to financial and reputational damage, Kramer said. Direct claims by shareholders that the company or officers made material omissions or misstatements to them would be more difficult to prove, Kramer said.

Bolstering Claims By Other Mortgage Securities Investors?

One area of debate is whether Friday’s allegations will help ongoing cases against Goldman that allege, among other things, that Goldman sold subprime mortgage-related products to investors but was simultaneously engaged in deals in which it bet that the value of those same products would fall.

Darren Robbins, a lawyer at Robbins Geller, whose class-action against Goldman makes that allegation, said he’s troubled by the allegations that “Goldman is making representations to their clients, but on the other hand [is] engaged in a secret conspiracy.”

But Orrick’s Kramer said it’s not likely that the SEC’s case will impact pending cases. At best, he said, the SEC case will cause “a judge to be less inclined to dismiss” such cases.

However, Goldman might argue that the alleged fraud was an isolated incident. If indeed it was isolated, Kramer said, “I don’t think it opens a door on other claims that have been pending.”

11:02 am hst

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asset protection asset protection dapt dapt fapt fapt asset trust trust trust honolulu lihue maui hawaii hawaii hawaii hawaii hawaii estate assets wealth creditors litigious creditors judgment asset protection permitted transfers dapt domestic asset protection trusts will will will will will kauai kauai kauai kauai kauai honolulu kahala kahala real estate securities financial planning investments investments hawaii asset protection assets wealth protection wealth preservation wealth preservation nest egg nest egg nest egg insurance insurance insurance ira ira ira ira ira self directed self directed self directed honolulu honolulu oahu oahu oahu oahu hawaiian islands timeshare timeshare realtor realtor realtor realtor kauai kauai kauai maui lahaina

HONOLULU KAUAI HAWAII ESTATE PLANNING REAL ESTATE PROPERTY TRUST WILL SPECIAL NEEDS POWER OF ATTORNEY ESTATES PROBATE TAX ATTORNEY LAWYER

ESTATE PLANNING REAL ESTATE PROPERTY TRUST WILL SPECIAL NEEDS POWER OF ATTORNEY ESTATES PROBATE TAX ATTORNEY LAWYER

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