Overview
Miriam Kim advises companies and founders in high-stakes intellectual property litigation, complex business litigation, product liability and marketing litigation, and government and internal investigations.
She is a lead counsel and trusted, strategic adviser who has represented clients in a range of technology sectors, including semiconductors, software, artificial intelligence (AI), consumer devices and digital platforms.
Named one of the Top Trade Secrets Lawyers in California by the Daily Journal, Miriam has extensive experience handling trade secret and employee mobility cases and leading investigations into potential theft of confidential information. She also has experience advising on copyright cases involving software, and other IP matters for both plaintiffs and defendants.
Named one of the Top AI Lawyers in California by the Daily Journal, Miriam provides guidance to companies on a range of legal risks related to the development and use of AI, such as IP, false advertising and unfair competition claims. She recently served as a fellow at the Berkeley Center for Law & Technology where she focused on generative AI issues.
She is a member of the firm’s Management Committee, co-chair of the MTO Generative AI Task Force, a leader in the community and a frequent speaker on trade secrets, AI, diversity and eliminating bias.
She is an active member of Christ Church East Bay. She lives in Alameda with her husband and two teenage sons.
Experience
Intellectual Property Litigation
Applied Materials in:
- A case regarding the alleged misappropriation by former employees of trade secrets relating to the manufacturing of LEDs and lithium-ion batteries. Miriam 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.
- A successful defense in a jury trial against claims of patent infringement brought by Axcelis Technologies.
Amgen in obtaining a favorable settlement on the eve of trial, including a mid-single digit royalty, to resolve 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.
Rambus in a two-week bench trial defeating Samsung’s claim for $400 million in damages offset from future patent infringement liability.
Complex Civil Litigation
Lyft in cases alleging that drivers using Lyft’s platform should be treated as employees.
Intel Corporation against allegations of breach of contract, breach of warranty and fraud brought by a Brazilian smartphone manufacturer.
Quotient Technology in defeating a temporary restraining order seeking to compel Quotient to perform digital media and promotions services pursuant to a contract that was already terminated due to Albertsons’ material breach.
Product Liability and Marketing Litigation
Intel Corporation in successfully settling, on the eve of trial, a consumer class action involving claims of unfair business practices with respect to the performance of Pentium 4 processors.
A food manufacturer in a case alleging failure to disclose certain levels of chemicals in products.
PepsiCo in a government investigation relating to the marketing of Gatorade.
Government and Internal Investigations
Pacific Gas & Electric in high-stakes wildfire cases and criminal investigations, including a case in Sonoma County that resulted in the dismissal of all criminal charges.
California State Bar in an internal investigation of whistleblower claims that its CEO breached his fiduciary duties.
A technology company in an internal investigation involving the potential embezzlement of company funds and a vendor kickback scheme.
A technology company in an investigation of alleged theft of competitor confidential information.
More
- Top AI Lawyers in California, Daily Journal, 2024
- Woman Leader in Tech Law (Litigation), The Recorder, 2024
- Most Influential Women in Bay Area Business, San Francisco Business Times, 2024
- Champion of Justice award, OneJustice, 2024
- Women of Legal Tech honoree, American Bar Association, for her efforts to leverage AI to bridge the justice gap, 2024
- Top Trade Secrets Lawyer in California, Daily Journal, 2021, 2022
- Thought Leader, Corporate Counsel, Women, Influence & Power in Law award, 2019
- Best Lawyers Under 40, National Asian Pacific American Bar Association (NAPABA), 2014
- Unity Award, Minority Bar Coalition, 2018
- Christ Church East Bay
Miriam’s pro bono practice includes advising legal aid organizations on the use of AI to increase access to justice, as well as representing immigrants and victims of sexual abuse.
- Past co-chair, Northern District of California Lawyer Representatives to the Ninth Circuit
- Leadership Team, ChIPs Silicon Valley Chapter
- Past president, Asian American Bar Association of the Greater Bay Area
- Former board member, Bar Association of San Francisco
- Former board member, Justice & Diversity Center
- Member, Korean American Bar Association of Northern California
Publications
- Quoted, “Legal Tech’s Predictions for Artificial Intelligence in 2025,” LegalTech News, Jan. 7, 2025
- Co-Author, “Generative AI and Legal Aid: Results from a Field Study and 100 Use Cases to Bridge the Access to Justice Gap,” Loyola of Los Angeles Law Review, Vol. 57, No. 4, January 2025
- Co-Author, “Trade Secret Law and AI: Navigating Emerging Risks and Legal Implications,” Daily Journal, July 24, 2024
- Co-Author, “How LLMs Can Help Address the Access to Justice Gap Through the Courts,” SSRN, Jan. 4, 2024
- “Strategies for Protecting Trade Secrets Amid Tech Layoffs,” Law360, Feb. 22, 2023
Speaking Engagements
- “Generative AI: Where Are We and What Legal Challenges Await Us?,” Ninth Circuit Judicial Conference, July 2024
- “Generative AI in the Legal Profession in the Courts,” California Bench Bar Coalition, June 2024
- “Pier to Pier Networking: Ethical Guidelines and Practical Advice on Artificial Intelligence,” California Bankruptcy Forum Annual Insolvency Conference, May 2024
- “Trade Secrets Regulatory Session,” Trade Secrets IP Protection & Litigation West Coast Summit, April 2024
- “Artificial Intelligence and Pro Bono,” OneJustice California Pro Bono Conference, January 2024
- “AI and the Practice of Law,” Berkeley Stanford Advanced Patent Law Institute, December 2023
- “Managing AI from a Legal Perspective: Contract and Litigation Skills,” Berkeley Law AI Institute, October 2023
- “Generative AI: Your New Legal Assistant,” State Bar of California, October 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
- “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
News & Insights
Events & Speaking Engagements