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In 2005 Mr. Witherwax formed his own firm concentrating in construction and surety claims and litigation. He has recently re-located from New York City, where he had practiced for 15 years, to the Albany New York area to better serve his clients in the up-state region.

Previously he had practiced in Honolulu Hawaii for 20 years and was founder and managing partner of Witherwax, Pottenger and Nishioka in that city, a firm which concentrated in construction, surety and general insurance law.

Mr. Witherwax is licensed to practice in the state and federal courts of New York, Hawaii, Nevada and The District of Columbia, the 2nd and 9th Federal Circuits and the U.S. Supreme Court.

He is a member of the American Bar Association, Tort and Insurance Practice Section (formerly vice chairman of its Fidelity and Surety Law Committee), The ABA Forum on the Construction Industry, the International Association of Defense Counsel, and the Defense Research Institute.

He is the author of Several articles and Manuals on Surety, Fidelity and Construction Law.

He has served as Associate Professor of Marine Transportation at the State University of New York Maritime College and as instructor in construction and surety law for CPCU courses at the University of Hawaii.