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Elaine K. Kim

Partner, through her Professional Corporation - los angeles


Legal Expertise

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

Representative Matters

Film and Television

  • Defending television studio, creators, producers, and talent management company against claims for idea submission, tortious interference, and other claims relating to popular television series in California state court.
  • Obtained complete dismissal of copyright infringement action over television show in California federal court, on behalf of television studio, producers, and writers.
  • Obtained summary judgment and affirmance in U.S. Court of Appeals for the Ninth Circuit dismissing claims for breach of contract and fraud by plaintiff alleging use of his ideas without compensation in one of the highest-grossing movies of all time, on behalf of motion-picture production company and writer/director.
  • Obtained dismissal with prejudice of copyright infringement claims over hit television shows in New York federal court, on behalf of studios and actor.
  • Secured transfer, then complete dismissal of lawsuit in California federal court asserting claims for idea misappropriation and related claims relating to sequel in highly successful film series, on behalf of motion-picture studio, director, and writers.
  • Obtained dismissal with prejudice of copyright infringement lawsuit in California federal court over a popular horror film, on behalf of motion-picture studio and creators.


  • Represent clients in the video game industry in transactions relating to licensing of intellectual property and creation of new works.
  • Obtained judgments in favor of leading video game publisher in multiple anti-piracy and copyright suits.
  • Defended major gaming companies in trademark, copyright, and patent action in California federal court which resulted in favorable settlement.


  • Advise and represent Korean music companies with respect to management agreements and intellectual property issues.
  • Represented record companies in copyright infringement lawsuit against major multi-level-marketing corporation and distributors in Florida federal court.
  • Represented music publishers in copyright case involving karaoke discs in California federal court which resulted in favorable settlement.
  • 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.
  • Obtained dismissal of claims against major record company in California state action involving dispute over royalties on digital downloads.

Other Industries

  • Obtained multi-million-dollar judgment on behalf of the U.S. subsidiary of Korean corporation in California state action against former attorney for breach of fiduciary duty, conversion, and other claims.
  • Represented online fashion retailer in trademark litigation in California federal court which resulted in favorable settlement.
  • *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 lawsuit, including appeal before the U.S. Court of Appeals for the Ninth Circuit implicating standards governing class certification.

*Denotes matters handled prior to joining MSK.

Honors & Awards

  • "Top 5% of lawyers in Southern California," Southern California Super Lawyers (2024)
  • "Outstanding IP Practitioner," World Intellectual Property Review Leaders Directory, 2023
  • "BTI Client Service All-Stars," BTI Consulting Group (2020, 2023)
  • "Women Worth Watching," Profiles in Diversity Journal (2017, 2023)
  • "Southern California Rising Stars," Super Lawyers (2013-2016)

Professional, Business and civic Affiliations

  • Secretary and Trustee, Los Angeles Copyright Society

  • Executive Committee member and Co-head of Copyright Planning Subcommittee, USC Gould School of Law Intellectual Property Institute

  • Executive Committee and Board member, Teach Democracy

  • Steering Committee member, Public Counsel Leadership Council

  • Officer and Board member, Korean Community Lawyers Association

  • Board member, Yale Law School Fund Board

  • Former Committee member, Yale Law School Executive Committee

  • Former Board member, Asian Pacific Community Fund

Other Career Experience

  • Associate, Gibson, Dunn & Crutcher LLP


Events & Speaking Engagements


  • California
  • U.S. District Court
  •    Central District of California
  •    Northern District of California
  •    Southern District of California
  •    Eastern District of California
  • U.S. Court of Appeals
  •    Second Circuit
  •    Ninth Circuit
  • Supreme Court of the United States


  • 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


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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