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Elaine K. Kim

Partner, through her Professional Corporation - los angeles

Experience

Legal Expertise

Commercial litigation and counsel with an emphasis on intellectual property including copyright, trademark, and trade secret matters.

Representative Matters

  • Defending motion-picture studio in lawsuit in the District of New Jersey involving claims of idea misappropriation, breach of implied-in-fact contract, and unjust enrichment over sequel in popular film series.
  • Defending various parties in copyright infringement lawsuit over hit television shows in the Eastern District of New York.
  • Representing U.S. subsidiary of Korean corporation in California lawsuit against former attorneys for breach of fiduciary duty, conversion, and other claims.
  • Representing record companies in copyright infringement lawsuit against major multi-level-marketing corporation and distributors in the Middle District of Florida.
  • Obtained dismissal with prejudice of copyright infringement claim over a popular horror film on behalf of motion-picture studio in the Central District of California.
  • Obtained summary judgment and affirmance in U.S. Court of Appeals for the Ninth Circuit on behalf of motion-picture production company and writer/director of one of the highest-grossing movies of all time on claims of breach of contract and fraud by plaintiff alleging that defendants used their ideas without compensation.
  • Represented major gaming companies in trademark, copyright, and patent action in the Central District of California which resulted in favorable settlement.
  • Represented online fashion retailer in trademark litigation in the Central District of California which resulted in favorable settlement.
  • Represented music publishers in copyright case involving karaoke discs in the Central District of California which resulted in favorable settlement.
  • Obtained judgments in favor of leading video game publisher in multiple anti-piracy and copyright suits.
  • Obtained dismissal of all claims against major record company in California action involving dispute over royalties on digital downloads.
  • Defended record companies and recording artist in copyright lawsuit over musical recording, resulting in grant of summary judgment in clients’ favor and affirmance in the U.S. Court of Appeals for the Ninth Circuit.
  • Defended multinational technology corporation in action in the Northern District of California involving claims of trade secret misappropriation; successful Daubert motion brought resulting in exclusion of several hundred-million-dollar opinion of plaintiffs' damages expert.
  • Defended multinational technology corporation in District of Delaware suit brought by competitor involving claims of monopolization through pricing and sales practices, and in Federal Trade Commission action involving allegations of anti-competitive acts and practices related to product design, industry benchmarking, and private standard-setting.
  • Defended multinational retail corporation against labor class-action lawsuits, including appeal before the U.S. Court of Appeals for the Ninth Circuit implicating standards governing class certification.
  • Represented Asian American Center for Advancing Justice as amicus curiae in appeal before Massachusetts's highest court challenging state statute excluding legal immigrant residents from Commonwealth Care, which resulted in favorable ruling.

Honors & Awards

  • "Southern California Rising Stars," Super Lawyers (2013-2016)

Professional, Business and civic Affiliations

  • Korean American Coalition
  • Yale Alumni

Other Career Experience

  • Associate, Gibson, Dunn & Crutcher LLP

Headlines

Admissions

  • California, 2006
  • U.S. District Court
  •    Central District of California
  •    Southern District of California
  • U.S. Court of Appeals
  •    Ninth Circuit

Clerkships

  • Judicial Clerk, Hon. Chester J. Straub, United States Court of Appeals for the Second Circuit
  • Judicial Clerk, Hon. Margaret M. Morrow, United States District Court for the Central District of California

Education

Yale Law School, J.D., 2005; Coker Fellow

Senior Editor, Yale Law Journal; Executive Editor, Yale Journal of Law & the Humanities

Yale University, B.A., 2001; summa cum laude; Phi Beta Kappa

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