- Co-authored merits briefs and served as second-chair in U.S. Supreme Court litigation during the 2019 Term. Banister v. Davis, No. 18-6943.
- Co-authored briefs and served as second-chair in First Circuit litigation concerning the interpretation of the Indian Reorganization Act. Successfully persuaded the court of appeals to affirm the district court’s decision rejecting the U.S. Department of Interior’s interpretation of the Act. Littlefield v. Mashpee Wampanoag Indian Tribe, 951 F.3d 30 (1st Cir. 2020).
- 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 national bank 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 a 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.
- Defended a national bank in Fair Housing Act cases brought by municipalities alleging lending discrimination.
- Defended Harvard University and the Massachusetts Institute of Technology in class actions concerning web accessibility.
- Led summary-judgment and pre-trial briefing on choice-of-law issues in a bankruptcy case concerning tribal lending.
- Contributed to merits briefing for a Supreme Court case concerning the scope of the Fair Housing Act.
- 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. LeClair v. Massachusetts Bay Transportation Authority, 300 F. Supp. 3d 318 (D. Mass. 2018).
- Co-authored Supreme Court amicus briefs filed on behalf of companies and trade organizations. Google LLC v. Oracle, No. 18-956 (circuit design software manufacturer); 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).
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 (SIJS). His other recent pro bono representations include:
- Represented the proposed guardian of an unaccompanied minor seeking SIJS in an appeal of the trial court’s denial of guardianship and special findings before the Maryland Court of Special Appeals. Successfully persuaded the court to reverse the trial court’s order, and persuaded the trial court on remand to provide immediate relief so that the minor could apply for SIJS in a timely manner. In 2019, Mr. Kim received a Special Recognition Award from KIND Baltimore for his efforts in this case.
- Led briefing and presented oral argument in a Sixth Circuit appeal concerning trial counsel’s ineffective assistance of counsel and the application of the “force clause” of 18 U.S.C. § 924(c).
- Led briefing and presented oral argument in a Sixth Circuit appeal concerning a state prisoner’s claims of ineffective assistance of counsel.
- 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.
