Mark G. Valencia concentrates his practice in the areas of civil litigation, with an emphasis in complex litigation matters. He has successfully handled a number of complex litigation cases, including contract, insurance, tort, products liability, foreclosure, bankruptcy, land use, appellate, and employment law matters. His reported cases include: Association of Apartment Owners of Royal Aloha v. Certified Mgmt., Inc., 139 Hawai‘i 229, 386 P.3d 866 (2016)(as a matter of first impression, holding that laches applies to both legal and equitable claims);Wiesenberg v. Univ. of Hawaii, 138 Hawai‘i 210, 378 P.3d 926 (2016) (clarifying that time to appeal runs from filing of amended final judgment);Hawaiian Ass'n of Seventh-day Adventists v. Wong, 130 Hawai‘i 36, 305 P.3d 452 (2013)(upholding refusal of circuit court to terminate long-term lease);Nazara v. F.R. Log Homes, Inc., 474 Fed. Appx. 517 (9th Cir. 2012)(upholding district court's dismissal of breach of contract and construction defect case);Valvanis v. Milgroom, 529 F. Supp.2d 1206 (D. Haw. 2007) (defeated motion to expunge lis pendens in which federal court held as matter of first impression in Hawai‘i that a lis pendens is proper in a fraudulent transfer action); Valvanis v. Milgroom, 529 F. Supp.2d 1190 (D. Haw. 2007) (defeated motion for summary judgment in federal court fraudulent transfer case); Mikelson v. United Services Automobile Association, 107 Hawai‘i 192, 111 P.3d 601 (2005) (successfully defended insurance coverage appeal before Hawai‘i Supreme Court involving issues of first impression in Hawai‘i); OWBR LLC v. Clear Channel Communications, Inc., 266 F. Supp.2d 1214 (D. Haw. 2003) (obtained summary judgment in federal court on behalf of Fortune 500 company in breach of contract case).
In a case of first impression that made national headlines, Mr. Valencia was counsel for a former high school student-athlete who alleged that the University of Hawai‘i athletic department improperly withdrew a verbal scholarship commitment made by a former football coach a few weeks before the “national signing” day when recruits formally sign their scholarship commitments. The suit alleged that the student was instructed not to speak with any schools during the recruiting process. The student also turned down a scholarship commitment from another university in reliance on the University of Hawaii’s offer. By withdrawing the scholarship offer at the eleventh hour, Mr. Valencia’s client was severely disadvantaged as the student could not obtain scholarship commitments from other colleges and universities. The suit resulted in a monetary settlement.
A former collegiate football player and American Council on Exercise Certified Personal Trainer, Mr. Valencia also researches, writes, and lectures on legal issues affecting the health and fitness industry, including issues involving personal trainers, health and fitness organizations, and health and nutrition stores.
He is also an International Federation of Bodybuilding and Fitness (IFBB) Judge, and the Head Judge and Hawai`i District Chair of the National Physique Committee, where he sanctions and judges bodybuilding, fitness, figure, physique, and bikini competitions.
In addition, Mr. Valencia has taught law as an adjunct professor at both the William S. Richardson School of Law , University of Hawai‘i at Manoa and Hawai‘i Pacific University. He is active in the community, serving as a longtime member of the Kuakini Medical Center Ethics Committee, a volunteer reader with the Read Aloud America Program, and volunteer with the Hawai‘i State Bar Association’s Professionals for Drug Free Kids Project and Junior Judges Program.
In 2009, he was selected to participate in the Hawai‘i State Bar Association’s inaugural Leadership Institute, which trains members of the Bar for leadership roles in both the Bar Association and the community.
In 2007 and 2009, Mr. Valencia was appointed by Governor Linda Lingle and unanimously confirmed by the Hawai‘i State Senate to serve as a Commissioner on the Hawai‘i Civil Rights Commission. In 2010, he was elected Vice Chair of the Hawai‘i State Bar Association’s inaugural Litigation Section. He is a commissioned officer in the United States Army Judge Advocate General Corps Reserves.
Mark Valencia has been recognized for his litigation work by Chambers & Partners, the prestigious global lawyer referral service by including him in its Chambers USA: America's Leading Lawyers for Business, 2014-2017 editions.
Mark Valencia is a graduate of the Southern Methodist University School of Law, where he served as an Articles Editor for the SMU Law Review Association.
AREAS OF EMPHASIS:
Civil Litigation; Commercial Litigation; Torts and Personal Injury Litigation; Employment Law and Litigation
State of Hawai‘i
U.S. District Court, District of Hawai‘i
B.A., University of Hawai‘i – West Oahu, 1993
J.D., Southern Methodist University, 1996