FIRM OVERVIEW Starn O’Toole Marcus & Fisher is a leader among Hawaii’s real estate and business law firms, recognized for its expertise in real estate law, commercial transactions and complex commercial litigation in Hawaii, the US mainland and internationally.

Firm transactional and litigation attorneys often join forces in complex commercial matters that require both business law and litigation experience. The firm’s intellectual power and mental strength and toughness generate winning strategies, strong negotiations and innovative settlements for clients. Above all, the firm’s attorneys have a passion for excellence and responsive client service, earning the firm an international reputation for extraordinary client results.

Starn O’Toole Marcus & Fisher has earned Martindale-Hubbell’s® highest AV Preeminent® rating, given by our legal peers for achieving the highest standards of professional ethics, excellence and legal ability. Our litigation attorneys and transactional team have been selected to the “Top 25”, Hawaii Super Lawyers® list in the practice areas of business litigation and real estate law. Firm attorneys have been selected to The Best Lawyers in America®, “Lawyers of the Year” in Honolulu list, in both transactional and litigation practice areas. As a firm, we have 41 "Lawyer of the Year" recognitions (2011-2024).

Our firm is ranked "Tier 1" in Hawaii in 23 specialties by US News & World Report-Best Lawyers in America® “Best Law Firms”.

The firm is Benchmark Litigation’s “Hawaii Litigation Firm of the Year” for 2020-2022, and a "Highly Recommended" law firm since 2011.

Starn O’Toole Marcus & Fisher is a member of TerraLex and SCG Legal, two of the world’s largest networks of independent law firms.


Starn O’Toole Marcus & Fisher’s litigation powerhouse has extensive experience, including significant jury and non-jury trial work, in complex commercial litigation encompassing business, corporate, contract and accounting issues related to Hawaii real estate development, corporate ownership and management, the hotel and hospitality industry, environmental matters, construction claims, lender liability, class actions and personal injury matters.

Our respected team of litigators have trial expertise before State and Federal courts in Hawaii and the US mainland, including the US Supreme Court, and has served as litigation general counsel before courts in foreign jurisdictions.

When clients are faced with complex commercial issues concerning matters in Hawaii and beyond, the firm’s attorneys are amongst a handful of select “go-to” lawyers.


Victory in the legal environment means triumph: economic satisfaction, a win-win agreement, or sometimes, just being proclaimed right.

The importance of the path to victory-strategies, players, and desired outcomes — make the selection of the legal trial team critical for success. The job is to design a road map that considers each twist and turn that may be presented. The experience and intellectual brainpower of the client’s trial attorneys often accounts for the outcome of litigation by crafting each strategic move on the battlefield along the way.

Starn O’Toole Marcus & Fisher’s litigation attorneys take the fight for every client as if it were their own battle. To be responsible and involved is a hallmark of the law firm, which is built on the power of its people.

The firm is Benchmark Litigation’s Hawaii Litigation Firm of the Year (2020-2022) and a "Highly Recommended" law firm since 2010.

The firm’s Hawaii litigation attorneys are recognized by The Best Lawyers in America®, Chambers and Partners USA Directory of Leading Lawyers for Business, The Bar Register of Preeminent Lawyers ™, selected to Hawaii Super Lawyers® list, Benchmark Litigation, Benchmark Appellate, Benchmark Plaintiff, and Martindale-Hubbell®.

Starn O’Toole Marcus & Fisher is rated AV Preeminent®, Martindale-Hubbell’s® highest possible rating, given to us by our legal peers for achieving very high ethical standards and professional ability.


Starn O’Toole Marcus & Fisher’s real estate and business law attorneys are known for sophisticated case analysis and innovative business solutions for complex matters. Our attorneys have significant experience in real estate development and transactions, hotels, hotel management agreements, corporate finance, international transactions, secured transactions, mergers and acquisitions, construction law and complex commercial matters, in Hawaii, US and internationally.

The firm’s impressive skill and experience in strategic case planning, ingenious solutions and powerful negotiations in all aspects of complex real estate transactions has opened many doors for domestic and international clients, and have helped many navigate Hawaii’s complex land use and permitting laws.


Starn O’Toole Marcus & Fisher transactional attorneys have an innate talent for critical thinking through each complex commercial matter. What’s more, they excel in solving the pieces of a puzzle, examining the players, unraveling the details of agreements and handshake deals, to identify the keys that will give the client the clear advantage.

In today’s complex competitive environment, firm transactional attorneys shine when approaching the deal table. Strong, experienced and prepared for endless possible moves and counter-moves, firm attorneys drive for exceptional results for every client whether they are a family owned business or an international corporation.

Our transactional attorneys are recognized by The Best Lawyers in America®, Chambers and Partners USA Directory of Leading Lawyers for Business, The Bar Register of Preeminent Lawyers ™ and selected to the Hawaii Super Lawyers® list.

All transactional Directors are rated AV Preeminent®, the highest rating possible given by Martindale-Hubbell®, a distinction given by our legal peers for achieving the highest standards for professional skill, ethics and integrity.

Management & Demographics
Management & Personnel
Managing Director
Litigation Director
Marketing Director
Male: 9
Female: 4
Asian: 2
White / Caucasian: 11
Multi-Racial: 1
Of Counsel (but not partners)
Male: 1
Female: 1
Asian: 1
White / Caucasian: 1
Male: 3
Female: 5
Asian: 2
White / Caucasian: 3
Multi-Racial: 5
Other Lawyers
Female: 1
White / Caucasian: 1
Attorney Management / Department Heads
Male: 3
Asian: 1
White / Caucasian: 2
Male: 1
Female: 3
Asian: 3
White / Caucasian: 1
Multi-Racial: 2
Non-Legal Employees
Male: 1
Female: 9
Asian: 2
White / Caucasian: 6
Multi-Racial: 2
Kirsten Fujitani

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  • Administrative / Regulatory Law
  • Appellate Practice
  • Arbitration
  • Bet-the-Company Litigation
  • Business Organizations (including LLCs and Partnerships)
  • Closely Held Companies and Family Businesses Law
  • Commercial Finance Law
  • Commercial Litigation
  • Commercial Transactions / UCC Law
  • Construction Law
  • Corporate Law
  • Electronic Discovery and Information Management Law
  • Government Relations Practice
  • Land Use and Zoning Law
  • Leisure and Hospitality Law
  • Litigation - Banking and Finance
  • Litigation - Construction
  • Litigation - Environmental
  • Litigation - Insurance
  • Litigation - Intellectual Property
  • Litigation - Mergers and Acquisitions
  • Litigation - Real Estate
  • Litigation - Securities
  • Litigation - Trusts and Estates
  • Medical Malpractice Law - Plaintiffs
  • Mergers and Acquisitions Law
  • Mortgage Banking Foreclosure Law
  • Personal Injury Litigation - Plaintiffs
  • Product Liability Litigation - Plaintiffs
  • Qui Tam Law
  • Real Estate Law

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Non-Compete Agreements in the Sale of a Business

by A. Bernard Bays and John W. Kelly

In Hawaii non-compete agreements can still be enforced in the sale of businesses. Here’s a primer on how to make them enforceable.

Cartoon image of fist punching through red doors with man running on top of hand on blue background

Peril Rising

by Andrew J. Lautenbach

As sea levels go up, so does the urgency of figuring out what to do about it, especially for vulnerable shoreline locales. Hawaii’s experience shows the way forward—and how difficult it will be to get there.

Ocean waves with buildings on shoreline

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