Su Jin Kim

Su Jin counsels clients across a broad range of industries, including healthcare, consumer goods, financial services, pharmaceutical, energy, and medical devices, in complex commercial disputes, with a particular focus on post-M&A disputes.

Su Jin maintains an active pro bono practice and worked on behalf of insureds whose homes were severely damaged by Superstorm Sandy. Since then, she has litigated cases in prisoner civil rights cases and on behalf of a non-profit organization that provides affordable housing for veterans and low-income residents.

Before joining Morgan Lewis, Su Jin served as a law clerk to Judge Robert D. Mariani in the US District Court for the Middle District of Pennsylvania for a two-year term. She also interned during law school for Judge Richard J. Leon of the US District Court for the District of Columbia.

Before her career as a litigator, Su Jin was an investment banking analyst in Hong Kong, where she worked on matters including debt and equity offerings, mergers and acquisitions, and private equity fundraisers, with a focus on financial institutions.

• 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.