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 trade secret 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.

Ms. Kim was named by the Daily Journal as a “Top Trade Secrets Lawyer” in 2020. Only 20 California attorneys who practice trade secret law were recognized with this honor. 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) in 2014.

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

 

Experience

Intellectual Property Litigation

Ms. Kim has significant experience handling trade secret cases, copyright infringement 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:

  • 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®.
  • Applied Materials in case against ASM and former employee alleging threatened misappropriation of trade secrets relating to atomic layer deposition (ALD).
  • 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 copyright source code case. Reached favorable settlement on eve of trial.
  • Microsoft in a copyright and trade secret case involving voice over internet protocol (VoIP) software.
  • 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. Significant litigation matters include representing:

  • Intel Corporation against allegations of breach of contract, breach of warranty, conspiracy, and fraud brought by Brazilian smartphone manufacturer.
  • LG Electronics in federal multi-district antitrust litigation regarding cathode ray tube (CRT) price-fixing allegations.
  • LG Electronics in CRT antitrust actions filed by the state attorneys general in California, Illinois, Oregon and Washington.
  • 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. 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.
  • Food manufacturer against claims of non-compliance with California’s Proposition 65, which relates to the disclosure of certain levels of chemicals in products.
  • PepsiCo in government investigation relating to the marketing of Gatorade.
  • Various clients on claim substantiation, endorsements and risk optimization strategies related to marketing.

Government and Internal Investigations

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

  • 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.