Miriam Kim is a litigation partner whose practice focuses on complex business litigation, intellectual property litigation, product liability and marketing litigation, and government and internal investigations.
Ms. Kim is a lead counsel and trusted, strategic adviser who has represented clients in a range of industries, including semiconductor, software, artificial intelligence, energy, biotech, consumer devices and digital platforms.
Named one of the Top Trade Secrets Lawyers in California by the Daily Journal and a Woman Leader in Tech Law for Litigation by The Recorder, Ms. Kim has extensive experience handling trade secret and employee mobility cases, as well as a wide variety of technology disputes. She also has experience advising on copyright cases involving software, and other IP matters for both plaintiffs and defendants.
Ms. Kim provides guidance to companies on a range of legal risks related to AI, such as intellectual property, false advertising and unfair competition claims. In 2023, she served as a fellow on generative AI at the Berkeley Center for Law & Technology and, in 2024, the Daily Journal named her one of the Top AI Lawyers in California.
Ms. Kim has considerable experience leading investigations on a wide range of civil and criminal issues, including alleged trade secret theft, unfair competition, potential financial fraud, whistleblower claims and alleged environmental crimes. Her impact on these matters has led to her being named one of the Most Influential Women in Bay Area Business by the San Francisco Business Times in 2024.
Ms. Kim’s pro bono practice is focused on the needs of immigrants and victims of sexual abuse, as well as the use of legal technology to increase access to justice. In 2024, she received OneJustice’s Champion of Justice award and was named a Women of Legal Tech honoree by the American Bar Association for her efforts to leverage AI to bridge the justice gap.
Ms. Kim 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 a member of the leadership team of the Silicon Valley chapter of ChIPs, a network for women in tech law. 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. She is also an active member of Christ Church East Bay.
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. Ms. Kim also represented Applied Materials’ interests as the victim in a related criminal case 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.
- 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.
- A venture capital firm in obtaining a dismissal with prejudice of trade secret, CFAA, RICO, and related claims arising from its investment in a company.
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.
- LG Electronics in federal multi-district litigation based on foreign price-fixing allegations.
Product Liability and Marketing Issues
- 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 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 of alleged theft of competitor trade secrets.
- A technology company in an internal investigation involving the potential embezzlement of company funds and a vendor kickback scheme.
Publications
- “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 (2025), 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, January 4, 2024
- “Strategies for Protecting Trade Secrets Amid Tech Layoffs,” Law360, February 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
- “Results from the First Field Study of AI for Legal Aid,” Talk Justice: An LSC Podcast, 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
- “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
Education
-
UC Berkeley School of Law (J.D., 2002) Order of the Coif
-
Harvard University (A.B., magna cum laude, 1998)
Clerkships
- Judge Levin H. Campbell, U.S. Court of Appeals, First Circuit, 2004-2005
Bar Admissions
- California
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. Ms. Kim also represented Applied Materials’ interests as the victim in a related criminal case 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.
- 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.
- A venture capital firm in obtaining a dismissal with prejudice of trade secret, CFAA, RICO, and related claims arising from its investment in a company.
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.
- LG Electronics in federal multi-district litigation based on foreign price-fixing allegations.
Product Liability and Marketing Issues
- 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 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 of alleged theft of competitor trade secrets.
- A technology company in an internal investigation involving the potential embezzlement of company funds and a vendor kickback scheme.
News
Publications
- “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 (2025), 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, January 4, 2024
- “Strategies for Protecting Trade Secrets Amid Tech Layoffs,” Law360, February 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
- “Results from the First Field Study of AI for Legal Aid,” Talk Justice: An LSC Podcast, 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
- “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
Industries
Education
-
UC Berkeley School of Law (J.D., 2002) Order of the Coif
-
Harvard University (A.B., magna cum laude, 1998)
Clerkships
- Judge Levin H. Campbell, U.S. Court of Appeals, First Circuit, 2004-2005
Bar Admissions
- California