David Banks is a partner with Cades Schutte LLP. He is currently chair of both the Corporate Department and the Employment Law and Labor Relations Group.
Mr. Banks' corporate practice includes mergers and acquisitions, corporate finance, and securities law compliance.
Mr. Banks employment law practice focuses on preventative counseling, strategic planning, legal compliance, labor and employment issues in M&A transactions, reductions in force, and assisting clients with drafting employment-related agreements, manuals, policies and procedures.
Mr. Banks was selected by his peers to be included in Best Lawyers in America since 2002. He has been listed in Honolulu Magazine's "Best Lawyers in Hawaii" for the same period. Mr. Banks has also been featured in Chambers USA, "America's Leading Business Lawyers" in the State of Hawaii since 2003. He has a Martindale-Hubbell's Peer Review rating of AV (highest level of professional excellence for attorneys admitted to the bar for 10 years or more).
Mr. Banks' client base includes hotel owners, hotel managers and interval ownership programs, a large professional employer organization, regional healthcare organizations, national restaurant chains and local restaurants, construction companies and contractors, a cogeneration facility, national and local retailers, technology product and service providers, venture capital firms, and investment advisors.
RECENT M & A TRANSACTIONS
- Corporate counsel representing Hawaii-focused impact investment firm in connection with several investments in alternative energy and local food production businesses.
- Hawaii counsel representing seller in the sale of ready-mixed, precast and aggregate business.
- Corporate and labor counsel representing sellers and buyers of hotel properties on Oahu, Maui, Kauai and Hawaii.
- Corporate counsel for seller of agricultural plant and production facility.
- Co-counsel representing purchaser of assets of petroleum retailer exiting Hawaii market.
- Hawaii counsel representing purchaser of popular visitor attraction business.
RECENT SECURITIES TRANSACTIONS
- Counsel for socially responsible venture fund focused on projects in Hawaii in multimillion dollar private offering (Regulation D).
- Counsel for Regional Center in multimillion dollar private offering (Regulation D/Regulation S) for EB-5 investors in agricultural venture in Hawaii.
- Counsel for senior assisted living developer in several multimillion dollar private offerings (Regulation D).
RECENT LABOR AND EMPLOYMENT MATTERS
- Employment counsel representing ready-mixed, precast and aggregate business assisting with collective bargaining negotiations and grievance arbitrations.
- Employment counsel representing large nonprofit organization with legal compliance matters.
- Employment counsel representing several companies in the construction and healthcare industries assisting with union avoidance campaigns.
- Employment counsel representing sellers and buyers of hotel properties on Oahu, Maui, Kauai and Hawaii.
SIGNIFICANT REPORTED CASES
- Co-Counsel for employer in SCI Management Corp. v. Sims, 101 Hawaii 438, 71 P.3d 389 (2003). The Hawaii Supreme Court held the employer was improperly denied its constitutional right to a jury trial. The Court held that an employer who appeals a final order of the Hawaii Civil Rights Commission pursuant to HRS § 368-16, is entitled to a jury trial on any claims that form the basis of an award of common law damages.
- Co-Counsel in for successful bidder in Okada Trucking v. Board of Water Supply, 97 Hawaii 450, 40 P.3d. 703 (2002). The Hawaii Supreme Court held that general contractors were not permitted to perform any work that required a specialty license unless the general contractor itself held the appropriate specialty license.
- LL.M. Corporate Finance/Securities Regulation (1986), Harvard University
- M.A. Law & Economics (1983), University of Miami
- LL.B. (1983), University of New Brunswick
- B.B.A. (1980), University of New Brunswick, with highest honors
- Hawaii State Bar (1989)
- United States District Court for the District of Hawaii (1989)
- New Brunswick (Canada) Bar (1983)
- "Exempt Offerings of Securities in Hawaii - An Overview for Start-Up Companies and Small Business," Vol. VII, No. 13, Hawaii Bar Journal (2003)
- "Hawaii's Response to Regulation D," Vol. XXIII, No. 1, Hawaii Bar Journal 1 (1991)
- "Voting Rights of Limited Partners Under Hawaii's Uniform Limited Partnership Acts." Vol. XL, No. 1, Hawaii Bar Journal 7 (1989)
- The Hawaii Employment Law Letter (Editor in Chief, Regular Feature Writer). See http://www.hrhero.com
- ABA Annual Supplement on Fair Labor Standards Act and Family Medical Leave Act (Contributing Editor)
- BNA Treatise on State Wage and Hour Laws (Contributing Editor)
- Hawaii State Bar Association (Business Law, Labor and Employment Law Sections)
- American Bar Association (Business Law, Labor and Employment Law Sections)
- ABA Committee on Federal Standards Legislation (FMLA, FLSA and WARN Act Subcommittees)
- Member liaison for Employers Counsel Network, a national group of top-level management labor and employment law firms with representation in all 50 states - plus Washington D.C. and Canada
- Member of Management Labor & Employment Roundtable, a national organization of preeminent management labor and employment lawyers