Goodsill is pleased to announce that partner Deirdre Marie-Iha recently prevailed before the Hawaiʻi Supreme Court in a unanimous published opinion, Loyalty Development Corp. v. Ching. The decision was issued on August 19, 2025 and resolved a novel question of law in favor of Goodsill’s client, Wallace Ching. The case turned on the interpretation of the Hawaiʻi Corporations Code, and in particular the provision that protects corporate directors by providing indemnification for attorneys’ fees if they are sued as a corporate director and are wholly successful in their defense. The Ching decision finds that this provision includes attorneys’ fees sought in securing the right of indemnification, or so-called “fees on fees.” This conclusion is vitally important for the proper functioning of this provision, which otherwise could be gutted by a director’s opponents running up the costs of his or her defense.
Ms. Marie-Iha argued the Ching case before the Hawaiʻi Supreme Court in November 2024. The Ching ruling is the 45th published decision in Ms. Marie-Iha’s 20+ years as an appellate practitioner and specialist. As a published decision, the Ching decision made new binding precedent in Hawaiʻi. Goodsill’s work on this case has spanned eight years and three courts. “This case was a challenge and a privilege to argue. We are thrilled that Wallace’s tenacity has finally paid off,” Ms. Marie-Iha said.