Raymond Kim’s practice focuses on complex business and commercial litigation in federal and state courts. He has represented clients in a broad variety of matters, including contract, securities, real estate, partnership and shareholder disputes, intellectual property, unfair competition, trade secrets, employment, breach of fiduciary duty, business tort, class action, and white collar criminal defense cases. He has extensive trial experience in both federal and state courts and has argued appeals before the Ninth Circuit Court of Appeals and California Court of Appeal. He has also represented clients in both international and domestic arbitration proceedings.
Mr. Kim has been named a Southern California Super Lawyer and has served in a number of leadership positions with the American Bar Association, including Co-Chair for Section of Litigation’s Committee on National Institutes, Co-Chair for the 2011 Annual Meeting in Toronto, Co-Chair of the Minority Trial Lawyer Committee, and Member of the ABA’s Diversity Committee and Task Force for Implicit Bias.
Obtained dismissal of claims in federal court brought against brokerage company client for indemnity, equitable indemnity and contribution, and declaratory relief based on ERISA preemption grounds. Dismissal granted under Federal Rule of Civil Procedure 12(b)(6) at initial stage of lawsuit.
Obtained summary judgment and award of attorney’s fees on behalf of leading global motion picture equipment company on breach of contract claims relating to invoicing and collection services agreement for out-of-state film productions.
Obtained jury verdict in favor of telephone equipment company on conversion and related claims against former distributor and dismissing cross-claims brought by defendants against company and its officers. In rendering verdict, jury also found that defendant acted with oppression, fraud, and malice. Subsequently, obtained award of attorney’s fees based on improper denials by defendant to plaintiff’s requests for admissions.
Represented international brand licensing company in contract dispute relating to a sublicensing agreement in international arbitration proceedings before the International Chamber of Commerce. Matter settled prior to arbitration.
Obtained preliminary injunction for Hong Kong and Canadian toy companies against retail website operator for copyright and trademark infringement related to remote control toy helicopter. See Silverlit Toys Manufactory, Ltd. v. Absolute Toy Marketing, Inc., 2007 U.S. Dist. LEXIS 14538 (N.D. Cal. 2007). Action settled shortly after issuance of preliminary injunction.
Represented world renowned theatrical producer on appeal in action relating to alleged agreements for development of motion picture screenplay of musical play. Ninth Circuit Court of Appeals affirmed judgment dismissing plaintiff’s first amended complaint under Federal Rules of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and 12(b)(2) for lack of personal jurisdiction.
Defended healthcare company in federal court trial in breach of contract action brought by investment banking firm. Obtained judgment as a matter of law on all claims at the conclusion of plaintiff’s case-in-chief and subsequently awarded attorney’s fees and costs for client. Both judgment and attorney’s fees award affirmed in full by Ninth Circuit Court of Appeals.
Defended Chinese toy company in federal jury trial in trade dress infringement and unfair competition action. Obtained complete defense verdict on all claims in which plaintiff had sought damages in excess of $15 million.
Part of litigation team defending national soft drink company in trade dress infringement action brought by competitor relating to energy drink packaging. Matter settled by parties prior to hearing on motion for summary judgment.
Part of litigation team representing class of over 100 rural electrical cooperatives throughout the United States in federal court class action against distributor of direct broadcast satellite television services for breach of agreements relating to distribution of premium satellite television services. Obtained class certification and court approval of class action settlement.
In case of first impression in the federal courts, obtained summary judgment in favor of online service provider in copyright and trademark infringement case involving application of the safe harbor provisions of the Digital Millennium Copyright Act and Communications Decency Act.See Hendrickson v. eBay, Inc., 165 F.Supp.2d 1082 (C.D. Cal. 2001).
Obtained judgment in favor of professional athlete upon issuance of terminating sanctions against defendants in case involving fraudulent misuse of investment funds given to defendants for restaurant venture.
Represented elected member of regional water replenishment district in taxpayer action brought by seven municipalities alleging violations by the district of the Political Reform Act and Fair Political Practices Act. Claims against member favorably resolved prior to trial.
Obtained writ of mandate from California Court of Appeal dismissing all real property claims brought by former members of church against purchaser of church property based on the Establishment Clause of the First Amendment.
Obtained summary judgment in favor of credit card processing company, subsidiary, and company officer in action alleging breach of contract and tort claims relating to operation of regional automatic teller machine business.
Obtained summary judgment in favor of employer in wrongful termination action brought by former employee based on alleged implied-in-fact contract not to terminate except for good cause.
Obtained writ of mandate from California Court of Appeal staying California lawsuit against Hong Kong client based on forum non conveniens grounds and ordering that foreign legal proceedings first be completed in Hong Kong. See Chong v. Superior Court (HBZ Finance Limited), 58 Cal.App.4th 1032, 68 Cal.Rptr.2d 427 (1997).