Andrew Kim

• Co-authored a brief in the D.C. Circuit on behalf of a biopharmaceutical manufacturer defending FDA’s approval of the manufacturer’s 505(b)(2) application against a competitor’s exclusivity challenge. Successfully obtained affirmance of the district court’s grant of summary judgment in favor of the manufacturer and FDA. Otsuka v. Price, 869 F.3d 987 (D.C. Cir. 2017).
• Co-authored a brief in the Ninth Circuit on behalf of a major banking client defending against claims of discriminatory lending. Successfully obtained affirmance of the district court’s grant of summary judgment.
• Co-authored a brief in the First Circuit on behalf of an internationally renowned post-secondary educational institution defending against state-law contract and tort claims. Successfully persuaded the court to affirm the district court’s dismissal of the case on exhaustion grounds. 
• Contributed to merits brief for a major banking client in a U.S. Supreme Court case concerning the scope of the Fair Housing Act.
• Defending two internationally renowned institutions of higher education in disability discrimination lawsuits concerning web accessibility.
• Representing a state public transportation agency in a transit-related disability discrimination lawsuit.
• Represented a national mining company in preparing and submitting comments to the Environmental Protection Agency regarding a proposed rule that would impose a multi-billion-dollar financial-assurance obligation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
• Represented a manufacturer in a dispute concerning the interpretation of the Controlled Substances Act before U.S. Customs and Border Protection and the U.S. Court of International Trade.
• Co-authored cert.-stage and merits-stage amici briefs on behalf of trade organizations in the Supreme Court. Leidos, Inc. v. Indiana Public Retirement System, No. 16-581 (securities industry trade association); Ernst & Young, LLP v. Morris, No. 16-300 (association of corporate leaders); Cuozzo Speed Techs., LLC v. Lee, No. 15-446 (biotechnology trade organization). 
• Co-authored an amicus brief in the Federal Circuit on behalf of an entertainment industry trade association on the issue of copyright fair use.
• Co-authored an amicus brief in the Supreme Court on behalf of former officials of the U.S. Department of Health and Human Services. Armstrong v. Exceptional Child, Inc., 135 S. Ct. 1378 (2015).

As a member of the Gaming, Gambling, and Sweepstakes Practice, Mr. Kim provides advice to online gaming companies on issues related to state and federal gaming and gambling laws.

Mr. Kim maintains a diverse and active pro bono practice. Working in conjunction with Kids In Need of Defense (KIND), Mr. Kim has represented several individuals in state and federal proceedings as part of their efforts to secure Special Immigrant Juvenile Status. His other recent pro bono representations include:

• Representing a § 1983 plaintiff as appointed pro bono counsel before the U.S. Court of Appeals for the Ninth Circuit in an appeal of decisions granting summary judgment on the plaintiff’s unlawful-arrest and unlawful-search claims.
• Represented a nonprofit organization devoted to assisting the homeless in a First Amendment challenge to a Florida municipality’s ban on charitable solicitation. Successfully obtained a judgment on the pleadings in favor of the client.