experienced attorney / political consultant! lobbyist...

George K. Lindsey, Jr..Attorney at Law, L.L.L.C.

988 Kealaolu Avenue, Honolulu, HI 96816(808) 927-7111 * glindsey(dglindseylaw.com

Experienced Attorney / Political Consultant! Lobbyist / Executive Manager

Graduate of William S. Richardson School of Law, University of Hawaii at Manoa.Admitted to Hawaii State Bar in 1980. Licensed to practice in State and Federal Court.Experienced litigator, arbitrator and mediator.

Excellent communications and interpersonal skills. Respectful approach with clients,counsel and witnesses from all backgrounds. Experienced with high-profile criminalclients matters, business clients, manufacturers, distributors, consultants, staff, vendors,governmental agencies, media and others.

Proactive, results-oriented executive with more than 30 years of progressive experienceand expertise in leadership and problem-solving for start-up, early stage growthbusinesses and law firms. Strong strategic and tactical planning, organization, andgeneral management qualifications.

Keen understanding of business priorities. Experienced in managing operations andprojects properly while contributing to business-development and revenue-producingactivities.

Versatile and innovative professional able to see the “big picture” while efficientlyaddressing all details. Proven success in developing the systems, processes andprocedures to streamline corporate operations, increase revenues, and enhance profitperformance.

LAW OFFICE OF GEORGE K. LINDSEY, JR., ATTORNEY AT LAW LLLC 2008 -

PresentLabor arbitrator, business arbitrator and mediator, business consultant, business counsel,general legal counsel. Named owner of law firm formerly employing up to six attorneysand four support staff. Practice includes business formations, contract negotiations,contract compliance, commercial litigation, construction litigation, personal injury,criminal defense, collections, legislative and administrative lobbying, administrative lawapplication and rule making including state and county permitting applications.Experienced arbitrator and mediator for state, county, union and private litigants.Serving as a Chairperson for the Medical Inquiry Conciliation Panels as well as theDesign Claims Conciliation Panels, Office of Administrative Hearings, Department ofCommerce and Consumer Affairs State of Hawaii, since 2008.

George K. Lindsey, Jr.Resume

QUANTUM DATA INTEGRATION LLC (“QDI”) 2008 - PresentPrincipal and Manager for QDI, a distributor and service provider for a strategic businessplatform offering state of the art business data integration and business interoperabilitysothvare called BridgeGate. QDI has a worldwide distributorship with exclusivedistributorship rights in Hawaii and Guam. Also developed assets for National andInternational markets. Responsible for negotiating and enforcing contracts.

OFFICE OF THE LIEUTENANT GOVERNOR, STATE OF HAWAII 2002 - 2008Chief of Staff! Senior AdvisorServed as operations manager for an office of 16 people. Full operations managementresponsibility. Advised Lt. Governor and his staff as well as Governor and her staff onbusiness, governmental, and political matters.

Designated point person for problem solving issues with communities throughout Hawaiiand the Pacific including business organizations, unions, consumer advocates,environmental groups and native Hawaiian rights advocates.

Advised and coordinated action plans for several state Departments Directors and theirstaff. Utilized highly developed multi-tasking and communication skills, as well asdiplomacy skills. Expertise in local history and Native Hawaiian and Pacific Islanderculture and protocol.

LAW OFFICES OF GEORGE K. LINDSEY, JR. LLLC. Prior to 2002.

OTHER POSITIONSState of Hawaii, Deputy Attorney GeneralState of Hawaii, Counsel, Public Utilities CommissionAssistant House Majority AttorneyAssociate Attorney with the Law Office of Hiram Kamaka

EDUCATIONLicensed to practice law in the State of Hawaii since 1980Jurisprudence Doctorate, University of Hawaii School of Law -

Manoa Campus presently known as the William S. Richardson School of LawBachelor of Arts, University of Hawaii, Manoa CampuSt. Louis High School, HonoluluPa Kui a Holo — Lua and cultural training center

PROFESSIONAL ASSOCIATIONSHawaii State Bar AssociationHawaii Native Hawaiian Bar AssociationWilliam S. Richardson School of Law Alumni Association.

VOLUNTEERAssistant Wrestling Coach at St. Louis SchoolSt. Louis Alumni Association

2


References for George K. Lindsey, Jr.:

Steven S.C. Lim,Carlsmith Ball LLPASB Tower, Suite 21001001 Bishop StreetHonolulu, Hawaii 96813Ph.: (808) 523-2500

Kevin Andre SouzaDistrict Court, First Circuit4675 Kapolei ParkwayKapolei, Hawaii 96707Ph: (808)954-8010

Wanda Chong-MendoncaAdministrative Driver’s License Revocation Office2875 South King Street, Suite 101Honolulu, Hawaii 96826Ph: (808) 534-6830

Calvin K.Y. Say, Speaker EmeritusHouse of RepresentativesHawaii State Capitol, Room 433415 So. Beretania StreetHonolulu, Hawaii 96813Ph: (808) 586-6100repsayiIcapitol.hawaij.Eov

Marcus Oshiro, RepresentativeHouse of RepresentativesHawaii State Capitol, Room 424415 So. Beretania StreetHonolulu, Hawaii 96813Ph: (808) 586-6200repmoshiro(dcapitoJ.hawaii.gov

Craig Watase, President Mark RecktenwaldMark Development, Inc. 3149 Kahako Piace3165 Waialae Avenue, Suite 200 Kailua, Hawaii 96734Honolulu, Hawaii 96816 Ph: (808) 261-2356Ph: (808) 735-9099 mrecktenwaId(daol.comcwatase(ãthawaii.rr.com

3

SAMPLE

George K. Lindsey, Jr.

j;. 1- Attorney at Law LLLC

(Date)

CONFIDENTIAL - PRIVILEGED

ATTORNEY-CLIENTCOMMUNICATION

(Name and Address)

(Name and Address)

Re: Re: Letter of Engagement with Arbitrator George K. Lindsey, Jr. In theMailer of the Arbitration Between

______________________________________________________________________________

(Union) on behalf of

_______________________

(Grievant) and (Employer).

Dear Counsel,

Please read this letter carefully. It describes the terms and conditions under whichI will accept your appointment to serve as Arbitrator in the above referenced case.

1. Limited Scope of Engagement. Both Parties identified above have by way ofstipulation, appointed George K. Lindsey, Jr, Attorney at Law LLLC to serve asArbitrator in the above referenced matter.

2. Fees. My fees will be based upon the amount of time expended on your behalf,jointly and severally. My prevailing hourly rate is $380.00 per hour. In recognition ofthese austere times and as a courtesy to both Parties I have reduced my hourly fee inthis matter by $130. Therefore, you will be billed at $250.00 an hour. You will be billed$50.00 an hour for any legal assistant in our firm as such services are rendered. Thetime we bill includes all conferences with you, whether in person or on the telephone,negotiations and discussions with other parties and their counsel, preparation ofdocuments, decisions, orders, awards and correspondence, arbitration hearings, courtappearances, research, depositions, as well as all other actions taken on your behalf.

3. George K. Lindsey, Jr is the Principal Attorney assigned to your matters. Otherlegal assistants may also be assigned from time to time.

Post Office Box 10037 Phone: (808)927-7111 Fax: (808)732-5135Honolulu, Hawaii 96816-0037 e-mail: [email protected]

SAMPLE

4. Costs and Expenses. We will send to you, for direct payment, all invoices wereceive from third parties, such as court reporters, expert witnesses, reproductionservices, state agencies and professional consultants. You will be expected to paysuch invoices promptly upon receipt thereof. We may, from time to time, advance suchcosts and expenses on your behalf, and other costs such as for copying, extraordinarypostage, long distance charges, travel and lodging for which you will be billed.

5. Statements. We will send you periodic statements for services rendered, costsand expenses advanced, plus the general excise tax. You agree to pay suchstatements within thirty (30) days from the statement date. Any payments made afterthirty days of the statement date will accrue interest at a rate of ten percent (10%) perannum.

6. Payments. Your payments will be applied (a) first to the fees, then to the costs ofyour oldest statement showing an outstanding balance, (b) first to the fees, then to thecosts of your second oldest statement showing an outstanding balance, (c) and so forthfrom the next oldest statement to the most current statement.

7. Retainer. It is our usual practice to require an initial retainer and cost depositbefore we commence work for a client. As a courtesy to the Union, Grievant andEmployer referenced hereinabove, the Retainer requirement is hereby waived, providedthat both Parties comply with paragraphs 5 and 6 contained hereinabove.

8. Estimates. During the course of our discussions with you about any particularmailer, we may provide you with certain estimates of the magnitude of fees andexpenses you will incur in connection with that matter. It is our policy to advise theParties that such estimates are just that, and that our fees and expenses are ultimatelya function of many conditions over which we have little or no control. We provide youwith periodic statements so you will have a ready means of monitoring and controllingthe expenses. If you believe the expenses are mounting too rapidly, please contact usimmediately so we can assist you in evaluating how they might be curtailed in thefuture. If we do not hear from you, we will assume you approve of the overall level ofactivity on our part.

9. Collection Costs. In the event we have to bring legal proceedings to collect anyamounts due from you, you agree to pay the reasonable attorney’s fees and costs whichwe may incur in so doing.

10. Withdrawal. By your execution of this letter, you agree we are relieved from theresponsibility of performing any further work should you fail to pay any monthlystatement for fees and expenses (including bills for expenses received from thirdparties), or any requested retainer and cost deposit amount, when due. In such event,you agree we may move to withdraw as your Arbitrator in any case where we may havemade an appearance on your behalf, and that you will promptly execute any withdrawalmotions required to accomplish this.

11. Conflict. Furthermore, we reserve the right to withdraw and discontinue servicesupon reasonable notice, and of course, you may discontinue using our services at any


SAMPLE

time by giving us written notice of your decision to do so. You are also aware that if aconflict of interest arises or becomes evident, we may be forced to discontinue ourservices to you as Arbitrator in the above referenced matter. By execution of this letteryou agree to pay the reasonable Arbitrator’s fees earned up to and including the time ofwithdrawal.

We are candidly discussing the terms and conditions of our engagement because webelieve you are entitled to know our policies and feel this type of frank discussion willavoid possible later misunderstandings. Please sign a copy of this letter in the spaceprovided below, indicating your agreement to the terms and conditions set forth above,and return it to us.

We look forward to working with you.

Very truly yours,

George K. Lindsey, Jr.Arbitrator

ACCEPTED AND AGREED:

Attorney for [Employer] Attorney for [Union]

Date:

_______________________

Date:_________________________


L&w Omct OF GEORGE K. LINDSEY, JR. 2016 JAN 8 PM 2:10George K. Lindsey Jr. !1AAIl LABOR

Attorney atLaw, LLLC RELATIONS ROAR[’

January 6,2016

Kerry M. Komatsubara

Chair, Hawai’i Labor Relations Board830 Punchbowl Street, Room 434Honolulu, Hawaii 96813

Re: Updating Resumes

Attached please find a copy of my updated resume. This is in response to your letter datedDecember 4. 2015 requesting said update. Also requested therein was an update ofmycompensation schedule, e.g. hourly rates (or other compensation arrangement), payment terms(monthly, quarterly, upon completion of the case, etc). We have attached a redacted copy of ourLetter of Engagement. Please note that I have reduced my hourly rate by S 130 dollars an hour(My standard hourly rate is 5380.00 per hour. My rate to parties referred by the HLRB has beenand remains 5250.00 per hour). Where the parties can agree on matters that ensure the efficiencyof an arbitration process like limiting motions, no reporter, no appeal, summary decision, onehearing, I am willing to consider a fiat fee option. As procedural needs vary from case to case,thc exact amount of that flat fee would be subject to further discussion amongst the parties andthis arbitrator. Parties should feel free to discuss the flat fee options with this arbitrator.

Thank you for your inquiry. I look forward to assisting in the arbitration needs of yourbeneficiaries.

Sincerely,

/

Gcorge W Lindsey, 3Arbitrator

Mailing Address: • RD. Box 10037 • Honolulu, ifi 96816-0037 • Telephune: (808)927-7111

Davies Pacific Center • 811 BishopStreet, Suite 800 • Honolulu, Hawaii 96813 . E-Mail: glindseyglindseylaw,com

George K. Lindsey, Jr..Attorney at Law, L.L.L.C.

988 Kealaolu Avenue, Honolulu, HI 96816(808)927-7111 * alindsev(1bglindsevlaw.com

Experienced Attorney! Political Consultant! Lobbyist! Executive Manager

Graduate of William S. Richardson School of Law, University of Hawaii at Manoa.Admitted to Hawaii State Bar in 1980. Licensed to practice in State and Federal Court.Experienced litigator, arbitrator and mediator.

Excellent communications and interpersonal skills. Respectful approach with clients,counsel and witnesses from all backgrounds. Experienced with high-profile criminalclients matters, business clients, manufacturers, distributors, consultants, staff, vendors,governmental agencies, media and others.

Proactive, results-oriented executive with more than 30 years of progressive experienceand expertise in leadership and problem-solving for stan-up. early stage growthbusinesses and law firms. Strong strategic and tactical planning, organization, andgeneral management qualifications.

Keen understanding of business priorities. Experienced in managing operations andprojects properly while contributing to business-development and revenue-producingactivities.

Versatile and innovative professional able to see the “big picture” while efficientlyaddressing all details. Proven success in developing the systems, processes andprocedures to streamline corporate operations, increase revenues, and enhance profitperformance.

LAW OFFICE OF GEORGE K. LINDSEY, JR., ATTORNEY AT LAW LLLC 2008-PresentLabor arbitrator, business arbitrator and mediator, business consultant, business counsel.general legal counsel. Named owner of law firm formerly employing up to six attorneysand four support staff. Practice includes business formations, contract negotiations,contract compliance, commercial litigation, construction litigation, personal injury,criminal defense, collections, legislative and administrative lobbying, administrative lawapplication and rule making including stare and county permitting applications.Experienced arbitrator and mediator for state, county, union and private litigants.Serving as a Chairperson for the Medical Inquiry Conciliation Panels as well as theDesign Claims Conciliation Panels, Office of Administrative Hearings, Department ofCommerce and Consumer Affairs State of Hawaii, since 2008.


QUANTUM DATA INTEGRATION LLC (“QDI”) 2008 -Pesbnt ‘::.

Principal and Manager for QDI, a distributor and service provider for a strategic businessplatform offering state of the art business data integration and business interoperabilitysoftware called BridgeGate. QDI has a worldwide distributorship with exclusivedistributorship rights in Hawaii and Guam. Also developed assets for National andInternational markets. Responsible for negotiating and enforcing contracts.

OFFICE OF THE LIEUTENANT GOVERNOR, STATE OF HAWAII 2002 - 2008Chief of Staff! Senior AdvisorServed as operations manager for an office of 16 people. Full operations managementresponsibility. Advised Lt. Governor and his staff as well as Governor and her staff onbusiness, governmental, and political matters.

Designated point person for problem solving issues with communities throughout Hawaiiand the Pacific including business organizations, unions, consumer advocates,environmental groups and native Hawaiian rights advocates.

Advised and coordinated action plans for several state Departments Directors and theirstaff. Utilized highly developed multi-tasking and communication skills, as well asdiplomacy skills. Expertise in local history and Native Hawaiian and Pacific Islanderculture and protocol.

LAW OFFICES OF GEORGE K. LINDSEY, JR. LLLC. Prior to 2002.

OTHER POSITIONSState of Hawaii, Deputy Attorney GeneralState of Hawaii, Counsel, Public Utilities CommissionAssistant House Majority AttorneyAssociate Attorney with the Law Office of Hiram Kamaka

EDUCATIONLicensed to practice law in the State of Hawaii since 1980Jurisprudence Doctorate, University of Hawaii School of Law -

Manoa Campus presently known as the William S. Richardson School of LawBachelor of Arts, University of Hawaii, Manoa CampusSt. Louis High School, HonoluluPa Kui a Holo — Urn and cultural training center

PROFESSIONAL ASSOCIATIONSHawaii State Bar AssociationHawaii Native Hawaiian Bar Association\Villiam 5. Richardson School of Law Alumni Association.

VOLUNTEERAssistant Wrestling Coach at St. Louis SchoolSt. Louis Alumni Association

7


References for Georue K. Lindsey. Jr.:

Steven S.C. Urn,Carlsmith Ball LLPASB Tower. Suite 21001001 Bishop StreetHonolulu, Hawaii 96313Ph.: (808) 523-2500

Kevin Andre SouzaDistrict Court, First Circuit4675 Kapolei ParkwayKapolei, Hawaii 96707Ph: (808) 954-80 10

Wanda Chong-MendoncaAdministrative Driver’s License Revocation Office2875 South King Street, Suite 101Honolulu, Hawaii 96826Ph: (808) 534-6830

Calvin KS. Say, Speaker EmeritusHouse of RepresentativesHawaii State Capitol. Room 433415 So. Beretania StreetHonolulu, Hawaii 968 13Ph: (808) 586-6100repsaWcapitol hawaii. uov

Marcus Oshiro, RepresentativeHouse of RepresentativesHawaii State Capitol, Room 424415 So. Beretania StreetHonolulu, Hawaii 96813Ph: (808) 586-6200repmoshiroIwcapitol .hawaii.cov

Craig Vatase, President Mark RecktcnwaldMark Development, Inc. 3149 Kahako Place3165 Waialae Avenue, Suite 200 Kailua. Hawaii 96734Honolulu, Hawaii 96816 Ph: ($08) 261-2356Ph: (80$) 735-9099 mrecktenwald(Zbaol.comcwatase(thhavaij.rr.com

3

SAMPLE

George K. Lindsey, Jr.Attorney at Law LLLC

(Date)

CONFIDENTIAL - PRIVILEGED

ATTORNEY-CLIENTCOMMUNICATION

(Name and Address)

(Name and Address)

Re: Re: Letter of Engagement with Arbitrator George K. Lindsey, Jr. In theMatter of the Arbitration Between

_______________________________________________________________________________

(Union) on behalf of

_______________________

(Grievant) and (Employer).

Dear Counsel,

Please read this letter carefully. It describes the terms and conditions under whichI will accept your appointment to serve as Arbitrator in the above referenced case.

1. Limited Scope of Engagement. Both Parties identified above have by way ofstipulation, appointed George K. Lindsey, Jr, Attorney at Law LLLC to serve asArbitrator in the above referenced matter.

2. Fees. My fees will be based upon the amount of time expended on your behalf,jointly and severally. My prevailing hourly rate is $380.00 per hour. In recognition ofthese austere times and as a courtesy to both Parties I have reduced my hourly fee inthis matter by $130. Therefore, you will be billed at $250.00 an hour. You will be billed$50.00 an hour for any legal assistant in our firm as such services are rendered. Thetime we bill includes all conferences with you, whether in person or on the telephone,negotiations and discussions with other parties and their counsel, preparation ofdocuments, decisions, orders, awards and correspondence, arbitration hearings, courtappearances, research, depositions, as well as all other actions taken on your behalf.

3. George K. Lindsey, Jr is the Principal Attorney assigned to your matters. Otherlegal assistants may also be assigned from time to time.


SAMPLE

4. Costs and Expenses. We will send to you, for direct payment, all invoices wereceive from third parties, such as court reporters, expert witneses, reproductionservices, state agencies and professional consultants. You will be expected to paysuch invoices promptly upon receipt thereof. We may, from time to time, advance suchcosts and expenses on your behalf, and other costs such as for copying, extraordinarypostage, long distance charges, travel and lodging for which you will be billed.

5. Statements. We will send you periodic statements for services rendered, costsand expenses advanced, plus the general excise tax. You agree to pay suchstatements within thirty (30) days from the statement date. Any payments made afterthirty days of the statement date will accrue interest at a rate of ten percent (10%) perannum.

6. Payments. Your payments will be applied (a) first to the fees, then to the costs ofyour oldest statement showing an outstanding balance, (b) first to the fees, then to thecosts of your second oldest statement showing an outstanding balance, (c) and so forthfrom the next oldest statement to the most current statement.

7. Retainer. It is our usual practice to require an initial retainer and cost depositbefore we commence work for a client. As a courtesy to the Union, Grievant andEmployer referenced hereinabove, the Retainer requirement is hereby waived, providedthat both Parties comply with paragraphs 5 and 6 contained hereinabove.

8. Estimates. During the course of our discussions with you about any particularmailer, we may provide you with certain estimates of the magnitude of fees andexpenses you will incur in connection with that matter. It is our policy to advise theParties that such estimates are just that, and that our fees and expenses are ultimatelya function of many conditions over which we have little or no control. We provide youwith periodic statements so you will have a ready means of monitoring and controllingthe expenses. If you believe the expenses are mounting too rapidly, please contact usimmediately so we can assist you in evaluating how they might be curtailed in thefuture. If we do not hear from you, we will assume you approve of the overall level ofactivity on our part.

9. Collection Costs. In the event we have to bring legal proceedings to collect anyamounts due from you, you agree to pay the reasonable attorney’s fees and costs whichwe may incur in so doing.

10. Withdrawal. By your execution of this letter, you agree we are relieved from theresponsibility of performing any further work should you fail to pay any monthlystatement for fees and expenses (including bills for expenses received from thirdparties), or any requested retainer and cost deposit amount, when due. In such event,you agree we may move to withdraw as your Arbitrator in any case where we may havemade an appearance on your behalf, and that you will promptly execute any withdrawalmotions required to accomplish this.

11. Conflict. Furthermore, we reserve the right to withdraw and discontinue servicesupon reasonable notice, and of course, you may discontinue using our services at any


SAMPLE

time by giving us written notice of your decision to do so. You are also aware that if aconflict of interest arises or becomes evident, we may be forced to discontinue ourservices to you as Arbitrator in the above referenced matter. By execution of this letteryou agree to pay the reasonable Arbitrator’s fees earned up to and including the time ofwithdrawal.

‘

We are candidly discussing the terms and conditions of our engagement because webelieve you are entitled to know our policies and feel this type of frank discussion willavoid possible later misunderstandings. Please sign a copy of this letter in the spaceprovided below, indicating your agreement to the terms and conditions set forth above,and return it to us.

We look forward to working with you.

Very truly yours,

George K. Lindsey, Jr.Arbitrator

ACCEPTED AND AGREED:

Attorney for [Employer] Attorney for [Union]

Date:

________________________

Date:__________________________


LAw Orncr or GEoiwiz K. LINDSEY, JR.

George K. Lindsey, Jr. 2016 JAN -7 PM 2: 25

AnomeyatLaw,LLLC HkJiAII LA3ORELAJrnNS e0AR

January 6,2016

Kerry M. KomatsubaraChair, Hawai’i Labor Relations Board830 Punchbow Street, Room 434Honolulu, Hawaii 96813

Re: Updating Resumes

Attached please find a copy of my updated resume. This is in response to your letter datedDecember 4, 2015 requesting said update. Also requested therein was an update of mycompensation schedule, e.g. hourly rates (or other compensation arrangement), payment terms(monthly, quarterly, upon completion of the case, ete). We have attached a redacted copy of ourLetter of Engagement. Please note that I have reduced my hourly rate by $130 dollars an hour(My standard hourly rate is $380.00 per hour. My rate to parties referred by the HLRB has beenand remains S250.00 per hour). Where the parties can agree on matters that ensure the efficiencyof an arbitration process like limiting motions, no reporter, no appeal, summary decision, onehearing, I am willing to consider a flat fee option. As procedural needs vary from case to case,the exact amount of that flat fee would be subject to ftrther discussion amongst the parties andthis arbitrator. Parties should feel free to discuss the flat fee options with this arbitrator.

Thank you for your inquiry. I look forward to assisting in the arbitration needs of yourbeneficiaries.

Sincerely,

Geo%Linthe,JEj7fr

Mailing Address: • P.O. Box 10037 Honolulu, It 9681&003’ • Telepbune: (808) 927-7111 —

Davies Pacific Center • all BishopStreeç Suice 800 • Honuluhi, Hawaii 9(5813 • E-Mail: glmdseyglinclseybwcom

experienced attorney / political consultant! lobbyist...

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