Miriam Kim is a partner in the San Francisco office of Munger, Tolles & Olson. Her practice focuses on intellectual property matters, complex civil litigation, and government and internal investigations for high technology companies. Ms. Kim was named one of the “Best Lawyers Under 40” by the National Asian Pacific American Bar Association (NAPABA) in 2014. The award recognizes individuals in the Asian Pacific American legal community under the age of 40 who have achieved prominence and distinction in their respective fields and shown a strong commitment to the community.
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 victims of sexual abuse. She is president of the Asian American Bar Association (AABA), a member of the board of the Bar Association of San Francisco Justice & Diversity Center and an active member of Christ Church East Bay.
Intellectual Property Litigation
Ms. Kim’s IP litigation experience includes trade secret, copyright and patent matters. Ms. Kim has significant experience defending clients against alleged trade secret and copyright infringement claims involving software. She has extensive experience leading internal investigations into potential theft of trade secrets or other confidential information. Representative matters include:
- Defending Green Hills Software in its successful five-month arbitration against claims of copyright infringement and unfair competition relating to application programming interfaces (APIs).
- Representing Rambus in a two-week bench trial defeating Samsung’s claim for $400 million damages offset from future patent infringement liability.
- Successfully defending Disney’s Playdom, an online social gaming company, in copyright source code case. Reached favorable settlement on eve of trial.
- Defending Microsoft in a copyright and trade secret case involving voice over internet protocol (VoIP) software.
- Representing Applied Materials in successful defense of a jury trial against claims of patent infringement brought by Axcelis Technologies.
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. Representative litigation matters include:
- Representing LG Electronics in federal multi-district antitrust litigation regarding cathode ray tube (CRT) price-fixing allegations.
- Defending LG Electronics in CRT antitrust actions filed by the state attorneys general in California, Illinois, Oregon and Washington. Oregon trial is set for January 2017.
- Defending Intel Corporation in consumer class action involving claims of unfair business practices with respect to performance of Pentium 4 processors. Successfully settled on the eve of trial.
- Representing Rambus in antitrust litigation involving multi-billion dollar claims against Samsung, Micron and Hynix. Samsung settled its litigation against Rambus for $900 million.
Government and Internal Investigations
Ms. Kim has significant experience leading internal investigations on a wide range of issues, including alleged trade secret theft, breach of contract, fraud and whistleblower claims. She also represents companies in government investigations with a focus on state attorney general investigations. While the nature of this work is often confidential, Ms. Kim has gained a reputation for identifying critical witnesses and employing cutting-edge technology in order to conduct effective and efficient investigations.