Su Jin Kim

• Defended Fortune 50 company in an arbitration dispute involving claims of fraud, breach of contract, and other business torts arising from an unsuccessful joint development agreement for a new technology, in which the plaintiff alleged over $550 million in damages. Settled on favorable terms shortly before the arbitration hearing was scheduled.
• Defended Raisonnable, Inc. in Delaware Superior Court involving a post-acquisition earnout dispute of up to $60 million. Settled on favorable terms.
• Won motion to dismiss on behalf of indenture trustee Deutsche Bank Trust Company of the Americas (DBTCA) in a lawsuit brought by bondholders against a wide range of defendants, including the bond issuer, other bondholders, and DBTCA.
• Successfully resolved a prelitigation dispute between a global pharmaceutical company and a clinical drug trial partner, in which the partner alleged client deliberately failed to meet research developmental milestones to avoid paying milestone fees.
• Successfully resolved a putative data breach class action dispute brought against Nuance Communications, Inc. in the Middle District of Pennsylvania at mediation, which the Court approved without modification.
• Obtained full defense verdict in ECB USA, Inc. v. Savencia, S.A., in a federal jury trial in the District of Delaware in which the plaintiffs sought $350 million, including punitive damages, arising from their acquisition of a US-based cheese import and distribution company from defendants. The jury also awarded defendant-counterclaimant Zausner Food Corp. its full $6.1 million counterclaim against Plaintiffs for breach of contract, representing the amount of the purchase price that plaintiffs failed to pay Zausner for its subsidiary.
• Represented Fortune 500 healthcare company in its pursuit of claims alleging violations of a noncompete and nonsolicitation agreement, as well as misappropriation of trade secrets against a healthcare provider. Settled on favorable terms on the eve of a jury trial in Florida state court.
• Defended Fortune 200 healthcare company at bench trial in the Middle District of Florida, involving breach of contract and various tort claims, such as fraud and violation of the Florida Deceptive and Unfair Trade Practices Act, and alleged damages of over $200 million. Settled on favorable terms.
• Defended energy client in an eight-day bench trial in the Southern District of New York involving a post-acquisition earnout dispute over $35 million of consideration sought by sellers, which resulted in a complete defense verdict.
• Argued and won motion to dismiss lawsuit on behalf of Lotte Confectionery Co. Ltd. in insurance coverage dispute in New Jersey state court.
• On behalf of a subsidiary of Zimmer Biomet, argued and defeated a motion to dismiss counterclaims in a commercial contract dispute with a former Costa Rican distributor. The case settled soon afterward on favorable terms for the client.
• Defended Fortune 200 company in $50 million breach of contract dispute in the Northern District of California and won denial of dismissal of client’s counterclaim, which resulted in a favorable settlement for the client.
• Defended Fortune 200 company in $20 million breach of contract dispute in the Court of Chancery of Delaware that resulted in a walkaway settlement.
• Won arbitration on behalf of a client regarding a dispute over a multimillion dollar employee stock ownership plan transaction.
• Obtained early resolution of a class action lawsuit against The Viking Group in Maryland federal court by securing early court-approved settlement. The class representatives alleged product defects in Viking’s fire sprinklers that were installed in residential buildings.
• Won motion to dismiss 75 untimely wrongful death claims on behalf of Cotter Corporation (N.S.L.), which decision was affirmed by the Eighth Circuit Court of Appeals in a precedential opinion. In a matter of first impression, the Eighth Circuit held, among other things, that the federal commencement date under Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (i.e., discovery rule) does not apply because Plaintiffs brought public liability claims under the Price-Anderson Act (PAA), which are federal in nature, and CERCLA’s discovery rule applies only to state law claims. No other federal circuit had previously addressed the interplay between CERCLA and the PAA. Following this decision, Cotter settled the mass tort action with the remaining plaintiffs on highly favorable terms.
• Secured favorable settlement, including damages and non-monetary relief, on behalf of pro bono client against the Department of Corrections in Pennsylvania state court who suffered a severed finger while participating in a prison softball game.
• Defended a pro bono client (non-profit that provides housing to low-income or disabled residents) against an adverse possession lawsuit in Pennsylvania state court.
• Secured relief on behalf of pro bono client whose condominium unit was severely damaged due to Hurricane Sandy and whose condominium association withheld FEMA relief funds that had been allocated to client’s unit. After securing full release of all funds for the client’s unit from the association plus a confidential damages amount, the association then asked for representation against FEMA for additional release of funds for the entire association. Ultimately secured six-figures for both original client and the association.

Results may vary depending on your particular facts and legal circumstances.