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Lawyer Profile

Image of John J. D'Amato

John J. D'Amato

D'Amato & Maloney, LLP
  • Recognized Since:
    2007
  • Recognized in:
    Employee Benefits (ERISA) Law
    Litigation - ERISA
  • Website:
    http://www.benefitslawyers.com
  • Firm's Phone Number:
    (808) 546.5200
  • E-mail:
    jdamato@benefitslawyers.com
  • Location:
    Pioneer Plaza, Suite 1680
    900 Fort Street
    Honolulu, HI 96813
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"John D'Amato assisted my brother in a successful appeal of the denial of my brother's request for a lump sum distribution of his retirement benefit. John did a masterful and highly persuasive job in framing the appeal in a short period of time. I had worked on several prior occasions with John as ERISA co-counsel in M&A transactions on matters involving retirement and other employee benefit plans and related issues of ERISA compliance. I have always found his work to be very timely and competent. "

-David Reber (Goodsill Anderson Quinn & Stifel)

"John D'Amato represented our association when we were dealing with a tough labor issue that had arisen with our management company. With John's guidance, an equitable solution was found. I found John to be willing to listen, incredibly knowledgeable, and able to demonstrate his knowledge to the various parties involved which, without a doubt, was key to our finding a solution everyone could live with. Thanks John!"

-David Brown (Lahaina Shores), Lahaina

Read More Client Comments
  • Lawyer Bio
  • Client Comments
  • Lawyer Practice Areas
  • Firm Details
  • Case History

Lawyer Bio

I have been practicing almost exclusively in the area of benefits for more than 20 years.  My firm's practice is problem driven rather form driven.  We work on benefit problems in all areas, including benefit plan design, mergers and acquisitions, the compliance programs of the Department of Labor and Internal Revenue Service, benefit litigation, and withdrawal liability. 

Before graduating from Yale Law School, I was commissioned as an infantry lieutenant in the U.S. Army, served as a platoon leader in Vietnam, was a grantee at the East-West Center and earned a Ph.D. in Anthropology from the University of Hawaii.  I have been married to Kristina for 29 years and our daughter, Maia, is 12.   

More at www.benefitslawyers.com
Read more on firm website
  • Bar Admissions
  • Award List
  • Clerkships
  • Additional Information
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge

Bar Admissions:

  • Hawaii, Hawaii State Bar Association

Named "Lawyer of the Year" by Best Lawyers for:

  • Employee Benefits (ERISA) Law, Honolulu (2019)
  • Employee Benefits (ERISA) Law, Honolulu (2012)
 

Recognized in The Best Lawyers in America for work in:

  • Employee Benefits (ERISA) Law
  • Litigation - ERISA
 

Awards:

  • AV rated, Martindale-Hubbell, since 2008
  • Listed in Chambers & Partners, since 2008
  • Listed in Super Lawyers of Hawaii, since 2008

State Clerkships:

  • Hawaii - Trial Courts

Special Focus:

  • Employment
  • ERISA
  • Executive Compensation
  • Litigation
  • Pension, Health and Welfare
 

Lawyer Client Comments

"John D'Amato assisted my brother in a successful appeal of the denial of my brother's request for a lump sum distribution of his retirement benefit. John did a masterful and highly persuasive job in framing the appeal in a short period of time. I had worked on several prior occasions with John as ERISA co-counsel in M&A transactions on matters involving retirement and other employee benefit plans and related issues of ERISA compliance. I have always found his work to be very timely and competent. "

David Reber, Goodsill Anderson Quinn & Stifel

"John D'Amato represented our association when we were dealing with a tough labor issue that had arisen with our management company. With John's guidance, an equitable solution was found. I found John to be willing to listen, incredibly knowledgeable, and able to demonstrate his knowledge to the various parties involved which, without a doubt, was key to our finding a solution everyone could live with. Thanks John!"

David Brown, Lahaina Shores, Lahaina

"John D'Amato continues to provide the Research Corporation of the University of Hawaii (RCUH) with excellent high quality legal services. He is our go-to attorney for matters dealing with our Employee Benefits. No assignment has been too complex for John to handle. He often works long hours and seven days a week to meet deadlines. His counsel and judgement on complex employee benefit matters provides the RCUH with very high confidence of achieving a successful outcome. John is truly one of Hawaii's best attorneys!"

Nelson Sakamoto, Research Corporation of the University of Hawaii, Honolulu

"John D'Amato is one of my most valued resources. He is knowledgeable, accessible, resourceful, and always reliable. Mr. D'Amato can always be counted on to calmly navigate through seemingly complicated matters with favorable outcomes. I would refer any of our clients to Mr. D'Amato for legal assistance with their benefit programs. "

Bonnie Pang, Atlas Insurance Agency, Inc.

"John D'Amato helped me win a discrimination case against a former employer. Throughout the process Mr. D'Amato exhibited compassion and empathy toward my situation. He explained everything to me in relatable terms and never made me feel less than; I was always treated as an equal by Mr. D'Amato. I found him thorough and authoritative, yet humble and down to earth. I would use his services again."

"I never dreamed that I would need an attorney for my small business work. John D'Amato was referred to me as an expert in my area of need. He was outstanding! His integrity and professionalism was impeccable, as was his graciousness in assisting me at the eleventh hour. I trusted his word and have the utmost respect for him as an attorney and decent human being."

Lynn Goya, Psyhological Services LLC, Mililani

"We were told by another attorney that John D'Amato is the best at what he does. John surpassed all of our hopes and expectations. His diligence and expertise in his field of practice made us feel empowered; though most of the legal jargon had us dumfounded. John is understanding and caring yet frank and to the point. We will not hesitate to refer our associates to John D'Amato."

Jovanna Nathaniel, Mountain View

"John D'Amato has been the attorney for my family's limited partnership for the past two decades. During this time, we have had to deal with lease negotiations, sale and purchase of real estate holdings, tax issues, and related matters. In all of these undertakings, John has shown exceptional competence and keen insights that have helped us to resolve many knotty problems and to avert others before they arose. Our family is highly appreciative of John's continuing dedication to our best interests."

"We are a third party administrator for qualified retirement plans and have worked with John D'Amato on several occasions. His results have been spectacular. He has gotten resolution to knotty problems for sanctions that were pennies on the dollar that I expected to see assessed by various governmental agencies. A true miracle worker in my book."

David Ryding, Truog-Ryding Company, Inc., Westlake Village

"John D'Amato was able to navigate a very confusing QDRO overpayment situation two years after my divorce and after 10 months of back and forth with the plan administrator who made the overpayment. Before I was referred to John by my financial advisor, I had several other attorneys review my case, and they had no idea where to even start. John took charge and represented me with the best possible outcome and resolved the issues promptly. He was extremely knowledgable and very easy to work with. You are in great hands when John is on your side. I highly recommend John D'Amato."

Elizabeth Baker, GreaterGood.org, Tucson

"I would like to take this opportunity to recommend John D'Amato. John has represented me since January 26, 2012 and with his help we were able to get Marriage Equality in the State of Hawaii. I can't express enough gratitude for his unending support. Mahalo John, you've changed our lives and the state of Hawaii for the good of everyone! "

"John D'Amato was recommended to me by a Pension Services Company in Alaska to help resolve a deceased relative's Profit Sharing Trust (PST) Estate in Hawaii. Thank Goodness, because John is the best. He was able to review the PST and communicate the issues and potential solutions in a clear and understandable way. He listened and considered all my numerous layperson questions with the utmost professionalism, researching until he had answers or options. He has a great manner and an incredible work ethic, juggling many high profile cases while helping this little guy at the same time. He recommended other professionals outside of his office for related PST matters, and they were exceptional to work with also. John's expertise saved the PST thousands of dollars, both working with difficult Hawaiian Banks and the IRS. I would you recommend John for any and all benefits matters!"

Karen Abney, Mechanicville

"John's ability to sort through difficult issues and to develop a well thought-out plan of action makes him one of the best in his field."

Bonnie Fong, Bank of Hawaii

"John D'Amato helped us settle a claim for false and deceptive trade practices against an investment advisory company. Throughout the process he worked tirelessly on our behalf, showing great integrity and absolute commitment to the success of our case. His written work was excellent and his legal analysis was insightful, thorough, and practical. Most importantly, he always listened carefully to our questions and concerns and responded quickly with clear analysis and advice. John is truly an attorney of the very highest caliber."

Gail Migita, Albert and Rose Shinkawa

"John D'Amato is a straight shooter and patient to a tee. I trust his analysis of our situations. He makes "plan documents" easy to understand for our employees."

Myra O'Brien, Hawaiian Electric Co., Honolulu

"John is an outstanding attorney in every way. His knowledge of ERISA is superb and his awareness of the case law is vast. He provides an in-depth understanding of the case history and is able to communicate the nuances to the layman. His work ethic is extraordinary and he treats every client with respect. He is quick to respond to all questions and issues, and when he is not sure about something, he will respond as such, and will then research it to clarify the issue. He is well regarded in the community and I would not use any other lawyer in this area of expertise."

James Karins, Pukoa Scientific, Oviedo

"Besides being extremely knowledgeable, John D'Amato really looks out for the best interests of the client. In resolving an issue we had with our pension plan, it really felt like John was approaching it as if the problem was his. John kept us well informed throughout the whole process and was on top of everything down to minute details. He was very easy to work with, very accessible, and explained everything to us so that we could understand. John also has an unsurpassed work ethic and worked long hours late into the night in order for us to make filing deadlines. His style is also very pleasant to work with; it felt like we were not only his clients but also his friends that he wanted to sincerely help. I only wished we had known him earlier."

Mike Nitta, Castle Resorts & Hotels, Inc, Honolulu

"I am delighted to recommend Mr. D'Amato. His representation for me has been excellent. His communication is prompt and clear. As a client, I feel that I have been kept abreast of all developments in my case."

Philip Van Steenwyk, n/a, Kaneohe

"John D'Amato's knowledge and expertise in the ERISA field is truly exceptional. He is always timely in his responding and a pleasure to work with. John is well respected in the legal and local community. I would highly recommend his services to anyone."

Wanda Sanchez, Bank of Hawaii, Honolulu

"John D'Amato worked tirelessly on a long-outstanding unresolved issue and helped to bridge the gap between uncooperative parties helping us to avoid expensive litigation. John was professional throughout the process and was never discouraged by the twists and turns in the process."

Wes Thiessen, Craig Wireless Systems Ltd.

"John has assisted The Gas Company in our transition of benefits from one owner to the next, as well as the review of plan documents for compliance purposes and the preparation of reports to the IRS. I have been impressed with John's thoroughness and commitment to get the job done on a timely basis. He has been responsive to any questions or concerns General Counsel or I have had on the projects being worked on, and he takes the time to ensure that we are all on the same page. John is an extremely powerful communicator with the written language covering all points that need to be addressed and concluding with convincing rationale. Plus, I think he's a nice guy to work with."

"In 2004 I was victimized by unscrupulous "financial advisers" who enticed me to buy into an "IRS pre-certified" VEBA for our company. Within three years this triggered off a massive audit that spanned 8 years and is just now reaching resolution. In addition to increased taxes and interest, the IRS slapped us with a $1 million penalty, imposed a levy on our earnings and threatened to attach our bank accounts and properties. These drove us nearly to the brink of bankruptcy. John D'Amato tenaciously defended us against the IRS and pursued the promoters, including the insurance company, until they refunded their ill-gotten gains. To this date the IRS is giving us abatements on the withheld funds. Should this nightmare ever happen to you, the man to call is John D'Amato."

"It is a pleasure working with John D'Amato. He has sound technical expertise with practical application."

"John D'Amato is extremely thorough and knowledgeable in his field of expertise. He has been of great assistance to our company which has also led me to confidently refer clients to him as well."

"John is very responsive and knowledgeable. I respect his work and integrity. He is thorough in his analysis of the issue and comes up with thoughtful responses to help us deal with difficult issues. I would trust him as I would a family member."

"In an inscrutable area of the law, John is a source of invaluable (and scrutable) advice. He is prompt, courteous, effective, and as knowledgeable in his area as anyone we've dealt with. He is capable of taking the most esoteric problems and making them understandable to the outsider."

Kenneth Marcus, Starn O'Toole Marcus & Fisher, Honolulu

"I never thought I'd ever need a lawyer, and always dreaded having to obtain one. However, the day did come when I did, and happily I was referred to Mr. D'Amato as an expert in his field. He is. He is an honorable pit bull. He is knowledgeable, firm, and tenacious; he is able to apply experience with understanding. He is also a gentleman. With complete honesty, he explores what can be and what can't be, what is likely versus what isn't, and advises accordingly, not sugar-coating anything. He offers no illusions, but solid hope. He provides a place of reality to ground any expectations and dispel false ones. If there is a solid ethical case, he's ready. If there's not, he'll say so and not invite futility. He supportively encourages his clients; he listens to them, thinks outside the box, and thoroughly knows the law, which enables victims of the corporate unethical and unscrupulous to stand against them. He always keeps clients in the loop and up-to-date on progress, and he invites participation. He does nothing frivolously or without consultation. He honors the relationship and the client. There are lots of lawyer jokes, but without lawyers like Mr. D'Amato, who would stand in the gap, defend the little guy, and insist on justice and restoration? I'd have lost my savings investment without Mr. D'Amato. Mr. D'Amato proves the jokes are all from sour grapes of the losers. Bad guys don't like white knights. Thank you, Mr. D'Amato, for caring and knowing. You've made my experience with lawyers a very good one. Reader, if you need such a lawyer, Mr. D'Amato should be your choice. "

Catherine Robinson, Waipahu

"John provides just what is needed: an exhaustive analysis of the legal landscape and a practical way to navigate its currents in a way that achieves an appropriate outcome."

Bob Maynard, Aloha Petroleum, Ltd., Honolulu

Lawyer Practice Areas

Key: Awarded in Best Lawyers Not Currently Awarded for this Area in Best Lawyers

Firm Details

D'Amato & Maloney, LLP
http://www.benefitslawyers.com
 
Headquarters
Pioneer Plaza, Suite 1680
900 Fort Street
Honolulu, HI 96813
(808) 546.5200

Lawyer Case History

Cecilio v. Sea Nine Associates, Inc. (1st Circuit, Hawaii 2010)

Won a favorable settlement for plaintiffs against persons involved in the promotion of a "10 or more employer plan" illegal tax shelter.

Goodin v. Innovative Technical Solutions, Inc., 489 F.Supp.2d 1157 (D.Haw. 2007)

Won summary judgment for plaintiffs in an ERISA suit of first impression.  The trial court agreed with us that amending a KSOP to deprive plan participants of a put option for company stock purchased with elective deferrals violates ERISA's anti-cutback rule.

Acquistions: Hawaiian Telcom Communications, Inc. ; Princeville Hotel and Resort; Kahala Hotel; Pacific Machinery, Inc.

Have represented buyers and sellers as benefits counsel in large acquisitions and sales.

Jackson v. Abercrombie, Memorandum, Nos. 12-16995, 12-16998, 9th Circuit (10/10/2014)

This case challenged Hawaii's ban on same sex marriage, arguing that it violated the right of Gay couples to Equal Protection. The trial court upheld the ban, ruling that the State did not have to justify excluding Gay people from the right to marry and could be indifferent to any harms caused by such exclusion. While the case was on appeal, Hawaii law was changed to provide for marriage equality, thereby mooting the case. The 9th Circuit then vacated the trial court's ruling, stating that it was "particularly appropriate" to do so in view of its ruling in closely similar Idaho and Nevada cases that denying Gay people the right to marry violates their right to Equal Protection.

 
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