Letters of Reference

Letter of Reference from Ernest C. Moore

As an attorney practicing with the Torkildson, Katz law firm in the area of labor and employment law, for the last 35 years, I am pleased to recommend Ms. Elizabeth Jubin Fujiwara as an effective arbitrator, both under pre-dispute mandatory arbitration agreements for resolution of statutory and common law claims, as well as for disputes involving "just cause" discipline/termination cases under negotiated labor/management collective bargaining agreements. In the past, our firm has retained Ms. Fujiwara to conduct independent investigations of discrimination claims in the workplace, where a more objective approach to the investigation by an expert from the outside was deemed appropriate under the circumstances. Ms. Fujiwara was very focused in her investigation, skillful at eliciting facts from those interviewed, and adept at assessing the credibility of the alleged perpetrator, complainant, and any other persons with knowledge of the events. Her factual findings and determinations were trenchant and her recommendations as to the appropriate remedial actions to be taken were, in large part, followed with effective outcomes. Based on our positive experience and confidence in her analytical abilities, our firm, as counsel to an outer island employer, last year proposed to union counsel that the parties select Ms. Fujiwara to arbitrate a case involving a termination of a unionized employee for serious house rules and policy violations. Her selection was also driven by the prevailing concern over the retirements of the "old guard" of arbitrators, and the dearth of new and younger Hawaii-based arbitrators with expertise in this specialized area, who possess the appeal and general acceptability to both labor and management. Arbitrator Fujiwara maintained good control of the hearings, ruled on evidentiary issues with rulings which by and large were acceptable to the objecting party, and was fully up to speed on the unique "law of the shop" arising under collective bargaining agreements. She availed herself of outside arbitration law treatises and past arbitration decisions, and took the time to fully research the issues as they arose. She imposed deadlines that were reasonable, issued her decision in a timely manner, and her ultimate award did not present an unpalatable surprise to either side - an important consideration in the labor/management world, where unlike most adversarial proceedings, the two sides must, in spite of a hard-fought arbitration proceeding, continue their on-going relationship, in the interests of both the workers' welfare and the employer's business. Accordingly, I can certainly recommend Arbitrator Fujiwara as an arbitrator in the future. Very truly yours, TORKILDSON, KATZ, MOORE, HETHERINGTON & HARRIS Attorneys At Law, A Law Corporation ERNEST C. MOORE III TORKILDSON, KATZ, MOORE, HETHERINGTON & HARRIS ATTORNEYS AT LAW, A LAW CORPORATION 700 BISHOP STREET, 15TH FLOOR HONOLULU, HAWAII 96813-4187 TELEPHONE (808) 523-6000 FACSIMILE (808) 523-6001 ERNEST C. MOORE III E-MAIL: ECM@TORKILDSON.COM May 19, 2009

Letter of Reference from Sean Kim

Sean Kim: I would like to highly recommend Ms. Elizabeth Fujiwara for your consideration as an arbitrator. I have known and worked with Ms. Fujiwara over the past twenty (20) years and I have always been impressed by her legal skills and abilities. She has been has been a compelling advocate for her clients and at the same time has always demonstrated respect for the law and legal precedents. Therefore, I was pleased to select, at the suggestion of the Employer's counsel, Ms. Fujiwara to serve as an arbitrator in a complex labor arbitration. The issues in the arbitration were difficult. Extensive testimony was required on both sides. I found Ms. Fujiwara's demeanor professional. Her rulings on objections were well thought out and consistent with the procedure governing labor arbitrations. More impressively, she controlled the hearing without being over bearing or affecting the full presentation of evidence by both parties. I was thoroughly impressed by her written decision which was legally sound and demonstrated that she considered the arguments made by both parties. Her arbitration decision showed that she had read the arbitration decisions cited by the parties, considered the application of these decisions to the facts and had carefully decided a very complex case. I would select Ms. Fujiwara to arbitrate cases in then future and hope that this letter will convince whomever reads it that Ms. Fujiwara brings skill, temperament and judgment to the arbitration arena. Please call me if you have any questions. Very truly yours, SEAN KIM, ATTORNEY-AT-LAW Century Square, Suite 1210 TPhone: (808) 538-1812 1188 Bishop Street Fax: (808) 599-4623 Honolulu, Hawaii 96813 May 18, 2009

Letter of Reference from Robert S. Katz Esq

Robert S. Katz Esq: I am writing to recommend Elizabeth Fujiwara, Esq. for employment as an internal investigator of employment discrimination allegations. As an attorney who has represented employers in labor and employment matters since 1968, including many employers responding to employment discrimination claims from one or more of their employees, I have frequently encountered Ms. Fujiwara as the attorney representing the employee. I have been impressed by the knowledge of federal and Hawaii employment law demonstrated by Ms. Fujiwara and the thoroughness of her work. Furthermore, in those cases where settlement was a better solution than litigation for all parties, Ms. Fujiwara was able to bring the parties together and facilitate a resolution that was fair to both parties. Based on the experiences described above I believe that Ms. Fujiwara is well qualified to serve as an internal investigator of employment discrimination claims. Ms. Fujiwara would not only be able to provide a thorough and accurate investigation, but equally important, she would be an articulate and effective witness. Thank you for the opportunity to express my opinion regarding Ms. Fujiwara's qualifications for the function of internal investigator in employment discrimination disputes. Very truly yours, Robert S. Katz Esq. c/o 700 Bishop Street 15th Floor, Topa Financial Plaza Honolulu, Hawai'i 96813 Ph: 523-6000 April 29, 2009

Letter of Reference from Bruce B. Kim

Bruce B. Kim: I want to thank you for the remarkable job you did as our expert in our recent sexual harassment case. Your testimony at the Rule 104 hearing and at trial made the difference with our judge and, ultimately, the jury verdict in our case. As you know, the jury not only awarded our client a significant compensatory damages award, including emotional distress, but assessed punitive damages against both of the remaining defendants. We learned after trial that the jury was impressed by your credentials and obviously found your expert testimony credible. You clearly educated the jury about the corporate defendant's duties to promptly investigate our client's complaint and stop the harassment against her. Your testimony helped make our case understandable and compelling to our jury. They had no problem finding both the corporate defendant and its employee responsible for the sexual harassment suffered by our client. Please do not hesitate to contact me if I can be of any assistance to you in the future. Thank you again for your help in our case. Very truly yours, BRUCE B. KIM Law Offices of BRUCE B. KIM February 13, 2009