- 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.
- Led summary-judgment and pre-trial briefing on choice-of-law issues in a bankruptcy case concerning tribal lending.
- Representing a trade organization in a First Amendment and Administrative Procedure Act case against the FDA before the D.C. Circuit and the U.S. District Court for the District of Columbia.
- Contributed to merits briefing for a major banking client in a Supreme Court case concerning the scope of the Fair Housing Act.
- Defending Harvard University and the Massachusetts Institute of Technology in class actions concerning web accessibility.
- Represented a state public transportation agency in a transit-related disability discrimination lawsuit. Successfully persuaded the district court to dismiss the federal discrimination claim on res judicata grounds.
- 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 the U.S. Court of International Trade and U.S. Customs and Border Protection.
- Co-authored Supreme Court amicus briefs filed on behalf of companies and trade organizations. Bucklew v. Precythe, No. 17-8151 (association of generic and biosimilar pharmaceutical manufacturers and distributors); South Dakota v. Wayfair, Inc., No. 17-494 (Etsy); 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 a Federal Circuit amicus brief on behalf of an entertainment industry trade association filed in a case concerning copyright fair use.
As a member of the Gaming, Gambling, and Sweepstakes Practice, Mr. Kim provides advice on issues related to state and federal gaming and gambling laws, including issues affecting brick-and-mortar casinos, sports gambling, fantasy sports, and blockchain platforms.
Mr. Kim maintains a diverse and active pro bono practice. Working 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 state prisoner before the Sixth Circuit in an appeal of the district court’s denial of the prisoner’s habeas petition.
- Representing the proposed guardian of an unaccompanied minor seeking Special Immigrant Juvenile Status in an appeal of the trial court’s denial of guardianship and special findings before the Maryland Court of Special Appeals.
- Led briefing and presented oral argument in an unlawful-arrest and unlawful-search case before the Ninth Circuit.
- 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.
