Practice Focus:
Institutional Plaintiffs' Litigation
Government Enforcement Defense
Internal Investigations & Monitorships
Asset Forfeiture, Tracing & Recovery
Class & Derivative Action Defense
Whistleblower Representation
Education:
Admissions:
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MICHAEL S. KIM
michael.kim@kobrekim.com
Michael S. Kim has served as lead counsel in a number of high-profile jury trials and is regularly called upon to teach trial advocacy techniques to practicing lawyers.
Prior to establishing Kobre & Kim LLP, he served as an Assistant United States Attorney in the Criminal Division of the U.S. Attorney's Office for the Southern District of New York and previously practiced at Davis Polk & Wardwell.
Recent Engagements:
Mr. Kim's recent complex civil matters include:
- Representation of a private investment firm in a $1 billion suit against Lehman Brothers, Inc. bank in connection with disputed fixed income investments
- Representation of a South American institutional borrower against a consortium of major New York and European banks over $750 million of allegedly defaulted loans and bonds
- Representation of a Latin American private investment firm and majority shareholder against a major New York financial institution in AAA arbitration in contest for corporate control of a Mexican public utility with $350 million in revenues
- Representation of Dr. Enrico Bondi, the Trustee in Bankruptcy of Parmalat SpA, in connection with Italian and Cayman Islands insolvency proceedings against Wells Fargo Bank and Bank of America relating to more than $200 million of disputed claims
- Representation of a Senior Vice Chairman of AIG in connection with various derivative and class actions in Delaware and New York alleging securities and accounting fraud
- Representation of a Treasurer of a public company in connection with a derivative action in New York arising out of alleged options backdating
Mr. Kim's recent government enforcement defense and internal investigations matters include:
- Representation of Brian Hunter, the former co-head of energy trading at Amaranth, a $9 billion hedge fund, in connection with regulatory enforcement litigation against the Commodity Futures Trading Commission and the Federal Energy Regulatory Commission
- Representation of a former KPMG partner in the highly-publicized federal criminal prosecution related to BLIPS tax products
- Representation of Tongsun Park, a well-known international lobbyist, in connection with a federal criminal prosecution of the "Oil for Food" scandal
- Representation of a former Cabinet Minister of the Russian Federation in international criminal issues
- Representation of the former Bosnian Ambassador to the United Nations in international extradition proceedings
- Representation of the Audit Committee of a European company in conducting an internal investigation into operations in Eastern Europe, in connection with alleged FCPA, accounting, and antitrust violations
- Representation of the Audit Committee of a U.S. public company in conducting an internal investigation into operations in South America, in connection with alleged FCPA violations, accounting fraud, and embezzlement issues
- Representation of a NASDAQ market maker targeted in a U.S. Department of Justice criminal insider trading investigation
Prior To Kobre & Kim LLP:
While serving as an Assistant United States Attorney, Mr. Kim focused on white-collar criminal cases as a member of the Securities and Commodities Fraud Task Force. Many of Mr. Kim's white-collar criminal cases involved international and domestic asset tracing and forfeiture proceedings.
Before his time at the U.S. Attorney's Office, Mr. Kim practiced at Davis Polk & Wardwell, where he focused on civil litigation and regulatory investigations with an emphasis on antitrust and financial services industry matters.
In addition, Mr. Kim served for over ten years as a U.S. Army infantry officer.
News & Publications:
Mr. Kim is regularly called upon to lecture about and present papers on topics in the firm's core areas of practice:
- High-Stakes Litigation Against Large Financial Institutions
- Securities Litigation Against Major Banks (NAPABA Conference, Las Vegas, November 2007)
- Government Enforcement Defense
- Criminal Tax Shelter Prosecutions (International Bar Association conference, Prague, Czech Republic, September 2005)
- International Antitrust Investigations & Compliance (Osaka, Japan, October 2005)
- Cartel Prosecutions in the United States (Auckland, New Zealand, October 2004)
- Securities Fraud Enforcement (Visiting Lecturer, Harvard Law School, January 2007)
- Foreign Corrupt Practices Act & Foreign Investigations (Government Investigation Preparedness for the Pharmaceutical Industry, New York, January 2007)
- U.S. Sentencing Guidelines (International Bar Association conference, Madrid, Spain, June 2006)
- Asset Forfeiture, Tracing & Recovery
- Assistance/Enforcement of UK Asset Recovery in the USA (Asset Recovery: Criminal Confiscation and Civil Recovery conference, London, United Kingdom, October 2007)
- Responding To A U.S. Assertion Of Extraterritorial Jurisdiction In Fraud Cases To Safeguard The Interests Of The Client (Fraud, Asset Tracing & Recovery conference, London, United Kingdom, September 2007)
- Assessing the Impact of UK and US Long-Arm Jurisdiction on European Fraud Cases: Strategies for Responding Effectively (Fraud & Asset Tracing & Recovery conference, Geneva, Switzerland, June 2007)
Mr. Kim has also been published on topics in the firm's core areas of expertise:
- A Guide to the United States Court of Appeals for the Second Circuit (New York City Bar Association (2007))
- "The Private Securities Litigation Reform Act of 1995", 18, The Company Lawyer 29 (1997)
- "Periodic Bank Statements in U.S. Cheque Fraud Litigation", 3 Journal of Financial Crime 370 (1996)
- "Super-Priority of Securities Intermediaries under the New Section 9-115(5) of the Uniform Commercial Code", 108 Harvard Law Review 1937 (1995)
- Antitrust Law Developments (5th ed. American Bar Association) (contributing author)
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New York