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 consumer class actions, false claims act and qui tam cases, drug patent disputes, antitrust and unfair competition, false advertising, securities and corporate governance, products liability, and breach of contract.  He represents and defends clients operating in a wide array of industries, including pharmaceutical companies, financial institutions, technology implementation consultants, private equities, real estate ventures and trusts, sporting goods suppliers and other consumer products manufacturers, fashion and luxury brands, global logistics providers, dietary supplement companies, commercial fisheries, and companies in the mining and materials science sectors.

Representative Experience

Consumer Protection/False Advertising/Antitrust and Unfair Competition

Defending a leading football helmet supplier against state consumer protection and false advertising claims brought by class action plaintiffs.

Defending a multinational consumer products conglomerate against antitrust and price discrimination claims brought by competitor.

Defending a major generic pharmaceutical company against state consumer protection and fraud claims brought by State of Louisiana.

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

Represented commercial fishery in dispute over anticompetitive product pricing.

False Claims Act/Anti-Kickback/Federal and State Investigations

Defended general pharmaceutical manufacturers in over 25 separate actions brought by the Department of Justice, state Attorneys General, and class action plaintiffs in various federal and state courts.

Represented various pharmaceutical manufacturers in State and Federal investigations of drug price reporting and provider reimbursement.

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.

Intellectual Property/Patent Litigation

Defended generic pharmaceutical company against drug patent infringement claims (Hatch-Waxman or ANDA litigation) brought by brand drug plaintiffs.

Representing and counseling architecture start-up in dispute with counterparty over ownership of architectural design.

Counseled luxury clothing and accessories brand in trademark licensing matter.

Counseled designer in trademark and branding, fund-raising and corporate formation for start-up of designer shoe business.

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-Present) and Litigation Committee Co-Chair (2013-2015)

Asian American Bar Association of New York (member)

International Association of Korean Lawyers (member)

Oxford Alumni Association of New York, Executive Committee (2009-2015)

Honors & Awards

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

Pro Bono

Represented fashion and accessories designer in breach of contract and misappropriation dispute with handbag supplier and secured outstanding payments owed to client through litigation.

Represented graphics designer in breach of contract dispute against foreign multimedia company, and obtained full damages and statutory interest for client.

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