Kelley Drye

Attorneys & Professionals 

Sung W. Kim

Special Counsel Email vCard
New York
Phone: (212) 808-7962
Fax: (212) 808-7897

Sung Kim is special counsel in the firm’s New York office. His practice focuses on complex commercial litigation and intellectual property disputes. Mr. Kim has handled matters involving drug patent disputes, consumer class actions, unfair competition and false advertising, false claims act violations, products liability, securities and corporate governance, and breach of contract. He has advised and represented clients in a wide array of industries including generic pharmaceutical companies, investment banks and private equities, real estate ventures and trusts, sporting goods and equipment manufacturers, fashion and luxury brands, global logistics providers, dietary supplement companies, commercial fisheries, and companies in the mining and materials science sectors.

Representative Experience
Intellectual Property/Patent Litigation

Representing generic pharmaceutical companies in Hatch-Waxman (drug patent) litigations.

False Advertising/Consumer Protection/Unfair Competition/Antitrust

Defending major sporting goods manufacturer against state consumer protection and false advertising claims brought by class action plaintiffs.

Defending a leading global technology and security systems provider against antitrust and price discrimination claims brought by competitor.

Represented dietary supplement company in Lanham Act false advertising and trademark infringement litigation against competitors and distributors.

Federal and State Investigations/False Claims Act Defense

Defending pharmaceutical manufacturers in false claims act (FCA) lawsuits brought by The Department of Justice, state Attorneys General, and class action plaintiffs in federal and state courts.

Financial Services/Securities

Represented real estate investment trust in dispute arising from loan participation agreements.

Represented financial institution and subsidiary in dispute arising from logistics servicing agreement and warehousing of metals traded on the London Metal Exchange.

Represented commercial bank in lawsuit arising out of bank’s role as indenture trustee and prosecuted related claims against third-party defendants.

Represented materials science and engineering company in a proxy fight and corporate takeover dispute.

Represented mining company in dispute arising from merger and stock purchase plan.

Products Liability

Defended and obtained dismissal of consumer complaint filed against Japanese manufacturer of high-performance vehicles.

International Arbitration

Represented global real estate developer in ICC arbitration against sub-contractor in connection with an international business district development project.

Memberships & Associations

Korean American Lawyers Association of Greater New York, Board of Governors (2014-2016) and Litigation Committee Co-Chair (2013-2015)

Oxford Alumni Association of New York, Executive Committee (2009-present)

Asian American Bar Association of New York

International Association of Korean Lawyers

Honors & Awards

Selected to New York Metro Super Lawyers – Rising Stars, 2012-2015.

Pro Bono

Represented freelance graphics designer in breach of contract dispute against foreign multimedia company, and obtained full damages including statutory interest for client.  Currently representing freelance designer in dispute with handbag distributor (matters referred by Volunteer Lawyers for the Arts).

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