Miriam Kim

Miriam Kim

Miriam Kim is a partner in the San Francisco office of Munger, Tolles & Olson.

Her practice focuses on complex civil litigation and high-stakes investigations, with a particular emphasis on intellectual property matters, marketing and false advertising claims, and technology disputes. Ms. Kim has a reputation for solving her clients’ most challenging problems as if they were her own. She is currently serving as a practitioner fellow at the Berkeley Center for Law & Technology focused on the use of generative AI and the practice of law. She is also a member of the firm’s Management Committee and Generative AI Task Force.

Ms. Kim was named by The Recorder as a Woman Leader in Tech Law in 2022 and by the Daily Journal as a “Top Trade Secrets Lawyer” in 2021 and 2020. In 2019, Ms. Kim was selected by Corporate Counsel as a Women, Influence & Power in Law. She was also named one of the “Best Lawyers Under 40” by the National Asian Pacific American Bar Association (NAPABA) and received the Unity Award from the Minority Bar Coalition.

Ms. Kim speaks Korean and has successfully advocated for clients in a range of matters involving Korean companies. Ms. Kim’s pro bono practice is focused on the needs of immigrants and victims of sexual abuse.

Ms. Kim is a leader in the community and a frequent speaker on diversity and elimination of bias. She is a past co-chair of the Northern District of California Lawyer Representatives to the Ninth Circuit, a past president of the Asian American Bar Association (AABA), and a former board member of the Bar Association of San Francisco (BASF) and the Justice & Diversity Center. While Ms. Kim was president of AABA, AABA was recognized as NAPABA’s 2017 Affiliate of the Year. She is also an active member of Christ Church East Bay.


Intellectual Property Litigation

Ms. Kim has significant experience handling trade secret cases, copyright cases involving software, and other IP matters for both plaintiffs and defendants. She has extensive experience leading internal investigations into potential theft of trade secrets or other confidential information. Noteworthy matters include representing:

  • Applied Materials in
    • a case regarding the alleged misappropriation by former employees of trade secrets relating to manufacturing of LEDs and lithium ion batteries. Ms. Kim also represented Applied Materials’ interests as the victim in a related criminal trial resulting in the conviction of a former employee.
    • a case against ASM and a former employee alleging threatened misappropriation of trade secrets relating to atomic layer deposition (ALD).
    • successful defense of a jury trial against claims of patent infringement brought by Axcelis Technologies.
  • Checkr, Inc. in a matter defending against allegations of trade secrets theft, unfair competition, and breach of contract.
  • TIBCO Software in a successful suit against vendor Apttus and former employees for theft of trade secrets.
  • Amgen in obtaining a favorable settlement on the eve of trial, including a mid-single digit royalty, resolving a trade secrets dispute brought against Coherus BioSciences involving the drug Neulasta®.
  • Green Hills Software in its successful five-month arbitration against claims of copyright infringement and unfair competition relating to application programming interfaces (APIs).
  • Rambus in a two-week bench trial defeating Samsung’s claim for $400 million damages offset from future patent infringement liability.
  • Disney’s Playdom, an online social gaming company, in a copyright case involving source code. A favorable settlement was reached on the eve of trial.
  • Microsoft in a copyright and trade secret case involving voice over internet protocol (VoIP) software.

Complex Civil Litigation

Ms. Kim has substantial experience handling complex business litigation for semiconductor, software and other technology companies and taking such cases to trial. Significant litigation matters include representing:

  • Lyft in cases alleging that drivers using Lyft’s service should be treated as employees.
  • Intel Corporation against allegations of breach of contract, breach of warranty, and fraud brought by Brazilian smartphone manufacturer.
  • Quotient Technology in defeating a TRO seeking to compel Quotient to perform digital media and promotions services pursuant to a contract that was already terminated due to Albertsons’ material breach.
  • LG Electronics in federal multi-district antitrust litigation regarding cathode ray tube (CRT) price-fixing allegations.
  • Rambus in antitrust litigation involving multi-billion dollar claims against Samsung, Micron and Hynix. Samsung settled its litigation against Rambus for $900 million.

Product Liability and Marketing Issues

Ms. Kim has substantial experience handling litigation and investigations alleging product defects, false and misleading advertising, unfair business practices, and violations of other consumer protection laws. She also regularly counsels clients on claim substantiation, endorsements, use of generative AI, and other marketing issues. Matters include representing:

  • Intel Corporation in successfully settling on the eve of trial a consumer class action involving claims of unfair business practices with respect to performance of Pentium 4 processors.
  • A food manufacturer in a case alleging failure to disclose certain levels of chemicals in products.
  • PepsiCo in government investigation relating to the marketing of Gatorade.

Government and Internal Investigations

Ms. Kim has significant experience leading internal investigations on a wide range of civil and criminal issues, including alleged trade secret theft, unfair competition, potential financial fraud, whistleblower claims, and potential securities law violations. She also defends companies under investigation by state and federal agencies. Ms. Kim’s experience in investigations includes representation of:

  • Pacific Gas & Electric in high-stakes wildfire cases and investigations, including a case in Sonoma County resulting in the dismissal of all criminal charges.
  • The California State Bar in an internal investigation of whistleblower claims that its CEO breached his fiduciary duties.
  • A technology company in an internal investigation of potential use of competitor trade secrets.
  • A technology company in an internal investigation involving potential embezzlement of company funds and a vendor kickback scheme.
  • A major mortgage company in a DOJ investigation of its disclosure and origination practices.


“Strategies for Protecting Trade Secrets Amid Tech Layoffs,” Law360, February 2023

Speaking Engagements

Ms. Kim is a frequent speaker on artificial intelligence, trade secrets, complex civil litigation, and the elimination of bias. Representative speaking engagements include:

  • “AI and the Practice of Law,” Berkeley Stanford Advanced Patent Law Institute, December 2023
  • “Trade Secrets Theft: Civil Litigation,” Sandpiper Sixth Annual Trade Secrets Protection, Enforcement, and Litigation Conference, San Francisco, January 2023
  • “Strategies for Combating Implicit Bias,” Bar Association of San Francisco In-House Conference, January 2023
  • Hsu Untied Interview with Miriam Kim, December 2022
  • “Litigating Before Magistrate Judges in the Age of Zoom,” Federal Bar Association, September 2021
  • “Playing the Long Game: Building and Sustaining Genuine Professional Relationships,” California Minority Counsel Program, Women of Color Conference, May 2021
  • “An Arbitration Debate: ArbiGREAT? or ArbiHATE?” Association of Business Trial Lawyers, March 2021
  • “Civil & Criminal Trade Secret Litigation Strategies,” Northern District Practice Program, February 2021
  • “Trial, Settlement, and Post-Judgment Oversight,” California Complex Civil Litigation Symposium, 2019
  • “Elimination of Bias in the Legal Profession and Society,” All Hands Meeting of the Silicon Valley Association of General Counsel, 2019
  • “Litigating and Defending Trade Secret & Employee Mobility Claims,” Bridgeport Trade Secret and Employee Mobility Conference, May 2018
  • “Cross-Border Investigations,” National Asian Pacific American Bar Association Convention, November 2017