Zachary A. McNish

Associate

Phone: (808) 524-1800
Fax: (808) 524-5976
Direct: (808) 441-6244
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Zachary McNish advises businesses and nonprofit organizations on all aspects of their operations. As a member of the firm's Labor, Employment, and Government Contracts group, he regularly counsels employers and represents them in administrative proceedings and litigation. He also assists businesses with compliance and internal governance matters, the formation of new entities and joint ventures, and with the pragmatic resolution of disputes. Much of his practice focuses on nonprofit organizations, drawing on his experience with founding, building, and managing an international human rights nonprofit. 

Before joining Alston Hunt Floyd & Ing, McNish worked as Associate Corporate Counsel at Hoku Scientific, Inc., a publicly traded clean energy company based in Honolulu, where he drafted contracts, negotiated business deals, and helped manage the company's human resources. McNish also clerked for federal Magistrate Judge Barry M. Kurren at the United States District Court for the District of Hawai`i. 

Representative Matters

Labor and Employment

Zachary McNish counsels employers on wage and hour laws, independent contractor status, pay practices, leave laws, benefit plans, drug testing policies, reasonable accommodations, and reductions-in-force. He also represents employers in proceedings before the Hawaii Civil Rights Commission, the EEOC and in state and federal court. Representative matters include:

• Helped client obtain summary judgment and attorney’s fees in state court against an employee who claimed $1.8M for breach of an alleged employment.

• Obtained “no cause” finding in favor of employer on race discrimination complaint brought before EEOC

• Successfully defended employer in former employee’s appeal to the circuit court of unemployment insurance decision

• Coordinated comprehensive legal review of large nonprofit’s employment procedures, comprising 100+ unique documents

Corporate Governance

McNish advises businesses on their corporate structure and helps them form subsidiaries and joint ventures, merge and consolidate operations, open new lines of business, and draft and negotiate contracts. Representative matters include:

• Advised local engineering company on structure of joint venture for bid on large government project; drafted corporate documents for venture

• Assisted with formation of new company for business venture involving biofuel production; amended corporate documents to bring in new partners

• Advised board of directors on dissolution of large nonprofit organization, including the transfer of dozens of quasi-independent projects to new fiscal sponsors, termination of grants and contracts, and winding up corporate affairs

Government Relations

McNish is a registered lobbyist and a memberof the firm’s government relations practice group. He advises clients on the legislativeprocess, helps identify legislation which may impact clients, drafts testimony supporting and opposing legislation, and assists clients in preparing and making presentations to key legislators and government officials:

• Advised a large bioenergy company, drafted testimony and bills on its behalf, andhelped it achieve its top legislative priority in the 2011 session

• Helped a mariculture company prepare briefing papers and meet with keylegislators to prevent the passage of legislation detrimental to the maricultureindustry in Hawai`i

Nonprofit Organizations

McNish draws upon his employment law and corporate governance practices as well as his experience founding an international human rights nonprofit to advise nonprofit organizations on all aspects of their operation. Specific issues include:

• Formation of new nonprofit organizations, from drafting of articles of incorporation to registration with state agencies

• State and federal regulatory issues, including applications for tax-exempt status (IRS Form 990, as well as State of Hawai`i charitable registration and annual reporting requirements)

• Grant compliance and management

• Recordkeeping and whistleblower protection requirements

• Treatment of charitable donations

• Review of independent contractor agreements

• Board training on fiduciary duties, conflict of interest issues, and best practices

• Conflict of interest prolicies

Clean Energy Law

McNish draws on his experience as formerin-house counsel at Hoku Scientific, Inc. to assist clean energy companies with drafting and negotiating power purchase agreements, preparing bids for government contracts, and structuring financing arrangements. Representative matters include:

• Negotiated 780 kW power purchase agreement with State of Hawai`i Department of Transportation and later coordinated financing of transaction with large Mainland bank

• Advised large energy performance contractor on Hawai`i Renewable Energy Income Tax Credit to help structure bid for federal multiple-award contract for photovoltaic power generation

Practice Areas

Labor and Employment
Corporate Governance
Government Relations
Nonprofit Organizations
Clean Energy Law