Terence J. "Terry" O'Toole

Terence O’Toole is a Director of the Starn O’Toole Marcus & Fisher law firm. He manages the firm’s litigation department and has over 50 years of experience in the area of commercial and complex litigation.

Mr. O'Toole has been recognized by The Best Lawyers in America®, as a "Lawyer of the Year" in Honolulu in the practice areas of Bet-The-Company (2011, 2019, 2023), Banking & Finance Litigation (2012, 2015, 2024), Appellate Practice (2014, 2018, 2022, 2024). He is also recognized by The Best Lawyers in America®; in ("Appellate Practice", "Arbitration", "Bet-The-Company”, "Commercial Litigation", "Construction Litigation", "Banking & Finance Litigation", "Mergers & Acquisitions","Real Estate Litigation”, "Mass Tort/Class Action-Plaintiffs", "Land Use & Zoning Litigation" and "Eminent Domain & Condemnation Law").

Mr. O'Toole has been recognized by Chambers and Partners USA Leading Lawyers for Business as a Star each consecutive year since 2012, and one of the top Leading Lawyers in Band 1 Litigation for commercial litigation. Mr. O'Toole has been selected for inclusion to the Top 25, 2011 & 2020 Hawaii Super Lawyers® list and selected to the Hawaii Super Lawyers® list each year since 2008 in the practice area of Business Litigation. Mr. O'Toole is also recognized as a "Litigation Star" by Benchmark Litigation, Benchmark Appellate and Benchmark Plaintiff.

Mr. O'Toole served as President of the Federal Bar Association, Hawaii Chapter (2006-2007) and as the Lawyer Representative, Ninth Circuit Judicial Conference (2005-2007).

Trial Experience
Although Mr. O’Toole’s practice includes a full range of litigation matters, his primary area of emphasis is trial work involving real estate litigation, hospitality industry related litigation, construction claims and disputes, lender liability and international claims and litigation.Mr. O’Toole has been lead counsel in jury and non-jury trials in federal and state courts in California and Hawaii; and he has represented multi-national companies on claims and litigation matters arising out of other venues in the Pacific Rim. He has also handled numerous arbitrations under the auspices of the American Arbitration Association and similar organizations.

Some examples of Mr. O’Toole’s work include:
Hotel & Hospitality Industry Litigation. Represented local, national and international companies involved in the hotel and hospitality industry, including owners and operators of hotels and resorts. Representation has included disputes involving owner-operator agreements and consumer class action involving mold related issues.

Lender Liability Litigation. Represents major local, national and international banks in lender related disputes, including complex lender liability cases tried to juries in Hawaii and California.

Construction Claims and Disputes. Represented owners/developers, national and international architectural, engineering and construction firms in building failure, environmental issues, construction deficiency and delay damage claims in California, Hawaii and the Pacific Basin.

Real Estate Litigation and Disputes. Representation involves a wide range of clients and issues, including development rights, governmental permitting and entitlement issues and environmental issues.

Corporate Litigation. Represented publicly traded and local companies in disputes involving shareholder rights, corporate governance and control related matters.

Wrongful Termination/Employment Disputes. Represented employers and employees in actions involving sex, race and age discrimination and wrongful termination.

Americans with Disabilities Act. Represented local, national and international companies in ADA matters including federal court claims tried to a jury.

Representative Clients Include: Hilton Hotels, Bank of Hawaii, American Savings Bank, Safeway, Intrawest, Ledcor Construction, Aston Hotels & Resorts, ResortQuest Hawaii, Kuilima Resort Company and Wal-Mart.

What Clients Say
"Mr. O'Toole is an experienced, no-nonsense, practical litigator... I have no hesitation in providing an unqualified recommendation of Mr. O'Toole." Best Lawyers Client Comment

Litigation department manager Terence O'Toole is "amazingly talented in depositions and always manages to get pertinent information for cases." He has recently handled a number of complex and high-value matters for many of the firm's key clients." Chambers and Partners, USA Directory for America's Leading Lawyers for Business, Litigation, General Commercial