USS Chafee rendering honors to the living Pearl Harbor survivors, standing.
Mark M. Murakami
Mark Murakami practices in the firm’s Appeals, Business & Commercial Law, Construction Law, Land Use & Eminent Domain, Litigation & Dispute Resolution, Real Estate, and Wills, Trusts & Estates practice groups. His focus is on complex commercial disputes, land use negotiation and litigation, environmental, and general civil litigation. He has appeared in all federal and states courts in Hawaii, most of the administrative boards and commissions, and is licensed in the U.S. Supreme Court, Ninth Circuit Court of Appeals and Court of Federal Claims. He is rated “BV” by Martindale-Hubbell, receiving a rating of 4.4/5.0.
Mark is the 2025 President of the Hawaii State Bar Association (HSBA). Hawaii’s attorneys selected Mark for this leadership role in a statewide election in late 2022. He subsequently served as the 2023 Vice President and 2024 President-Elect. Founded in 1899, the HSBA is a mandatory professional organization for active and inactive licensed attorneys in Hawai. Its mission is to unite and inspire Hawaii’s lawyers to promote justice, serve the public and improve the legal profession. Mark was first elected by his peers to the 21-person HSBA Board in 2012 and was elected Treasurer from 2014 to 2017.
Mark has been appointed to a leadership position in the American Bar Association Section of Litigation. He will serve as Co-Chair for the Real Estate, Condemnation & Trust Litigation Committee and will be responsible for programming and publications for the nationwide membership.
Mark has been elected as the Hawaii member of Owners’ Counsel of America (OCA), an exclusive association of the nation’s leading eminent domain lawyers. Eminent domain is the legal process by which the government acquires private property for public uses, most often by forcing the owner to sell it. Membership in OCA is by invitation-only, and limited to a single member in each state. Members are selected for their experience and dedication in defending the constitutional rights of private property owners in eminent domain, inverse condemnation, regulatory takings, and other property rights matters.
Mark was elected a Fellow of the American College of Real Estate Lawyers (ACREL). Admission to the College is by invitation only to lawyers who are distinguished real estate practitioners and who have contributed to the improvement of real estate law through a combination of speaking, writing, teaching, and serving on relevant boards and commissions. Founded in 1978, the College is comprised of more than 1,000 lawyers distinguished for their skill, experience, and high standards of professional and ethical conduct in the practice of real estate law.
Mark was awarded the CRE (Counselor of Real Estate) credential by The Counselors of Real Estate, an international association of experienced real estate practitioners including appraisers, lawyers, and brokers, who provide expert advisory services to clients on complex real property and land-related matters. Membership in The Counselors of Real Estate is selective and is extended by invitation only, attesting to the practitioner’s expertise and proven competence in his or her chosen area of real estate.
Mark once again was selected by his peers for inclusion in the 2025 Edition of The Best Lawyers in America® for his work in Commercial Litigation, Eminent Domain & Condemnation Law, Land Use & Zoning Law, Litigation-Land Use & Zoning, Real Estate Law, Trusts & Estates, Litigation-Real Estate, and Litigation-Trusts & Estates. He was also named the Best Lawyers® 2013 Lawyer of the Year Eminent Domain & Condemnation Law. Mark has been selected by Super Lawyers for over 10 years.
Mark was the Valedictorian of the Class of 1999 from the University of Hawaii at Manoa, William S. Richardson School of Law where he served as Articles Editor of the University of Hawaii Law Review. He has received numerous academic awards, including: Dean’s Scholar, Porter Scholastic Award (2 times); Awards for highest grade in Property I, Torts I, Contracts I, Corporations, and Professional Responsibility; Kono Award for Academic Achievement; Phi Delta Phi Professional Responsibility Award; HSBA Real Property and Financial Services Section Award.
He is also a graduate of the U.S. Coast Guard Academy in New London, Connecticut. He served for 13 years on active duty before joining the U.S. Coast Guard Reserve in 2005. During his time on active duty, he served on three different Coast Guard cutters, including command of a patrol boat in California. He spent four years assigned to the Fourteenth Coast Guard District Legal Office, prosecuting courts-martial, litigating cases in federal court as a Special Assistant U.S. Attorney, and advising Coast Guard officials on maritime, criminal, environmental and international law issues.
Mark has been awarded the Legion of Merit, the Defense Meritorious Service Medal, two Meritorious Service Medals, the Joint Service Commendation Medal, two Coast Guard Commendation Medals and four Coast Guard Achievement Medals. He retired in July 2022 as a Captain, culminating thirty years of active duty and reserve commissioned service.
To view his blog on federal litigation and maritime law, in and around Hawaii and Oceania, please visit: www.hawaiioceanlaw.com.
Mark was born on Maui and raised in Kailua, Oahu. He is a graduate of Kailua High School and was active in the Castle Performing Arts Center.
Pearl Harbor Remembrance
December 9th – Live Blog of Hawaii Land Use Case – Leone v. County of Maui
New Longshore Case from Ninth Circuit – Sea-Logix, LLC v. Booker
New case from the Ninth Circuit Court of Appeals regarding maritime status to afford protections under the Longshore and Harbor Workers Compensation Act. It is unpublished, and therefore of limited precedential value, but it does highlight the applicable test for Longshore Act applicability. The case is Sea-Logix, LLC v. Booker, 2010 U.S. App. LEXIS 9517, and the original…
New Case from Fifth Circuit – Great Lakes Dredge & Dock Co. LLC v. La. State
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Great Lakes Dredge & Dock Co. LLC v. La. State, 2010 U.S. App. LEXIS 21462, can be found here.
EPA Sues Diesel Engine Manufacturer for Clean Air Act Violations: U.S. v. Coltec Industries Inc.
Found an interesting case recently relating to Fairbanks Morse diesel engines on several Navy ships. The United States, particularly the Environmental Protection Agency, brought suit against Coltec Industries for violations of the Clean Air Act. The complaint can be downloaded here – US v. Coltec Industries, et al .
The government alleges that pursuant to the Clean …
Upcoming ICA Oral Arguments on Ripeness and Regulatory Takings
Stay tuned here for a live blog of oral arguments in the case of Leone v. County of Maui.
On Wednesday, December 8, 2010 at 10:00 a.m. HST, the Intermediate Court of Appeals will hear this case involving regulatory takings, Williamson County ripeness and GATRI v. Blane, 88 Haw. 108, 962 P.2d 367 (1998).…
SCOTUS FOIA Case – Transcript of Oral Argument Available
Freedom of Information Act cases reach the Supreme Court about once every 15 years. Milner v. Dep't of Navy is an interesting case that pits the Navy's desire for security of its bases against the public's statutory right to disclosure of government documents, bundled up with the post-9/11 desire to ensure local responders (without federal security clearances) have the information they need to respond to natural and man-made disasters.
Oral argument was earlier this week. The transcript is here. My earlier posts on this case can be found here.
The FOIA exemption at issues is remarkably innocuous:
5 U.S.C. § 552(b) of the Freedom of Information Act ("Exemption 2") provides in pertinent part:
(b) This section [providing for public access to government documents] does not apply to matters that are:
(2) related solely to the internal personnel rules and practices of an agency.
New Case from Seventh Circuit – Deering v. Nat’l Maint. & Repair
New case from the Seventh Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Deering v. National Maintenance and Repair, 2010 U.S. App. LEXIS 24580, can be found here.
New Case on Governmental Contractor Defense: Stephanie Rodriguez, et al. v. Lockheed Martin Corporation, et al.
New Ninth Circuit case on the governmental contractor defense. It is Rodriguez v. Lockheed Martin, and can be downloaded here.
During military training on the island of Hawaii, one soldier was killed and another two soldiers were injured by an explosion in the 81mm mortar they were firing. The widow and survivors brought suit…

