As chair of the firm’s Compliance Services Practice, Kim works closely with our clients of all sizes, both privately held and publicly traded, in developing, implementing and maintaining their corporate compliance and ethics programs. She regularly evaluates existing programs and counsels clients on how to effectively handle compliance related issues. In addition to general compliance counseling, Kim also provides specific insight into healthcare compliance, import/export compliance, records management, government contracting, and conflicts of interest, among other compliance and ethics areas.
Kim focuses her litigation practice on complex business disputes, class action litigation, and compliance services. She has extensive experience in representing companies in contract, business tort, and securities matters. She appears regularly in state and federal court and has first chair trial and appellate experience.
Representative Litigation Experience:
- Successfully represented the former chief executive officer of a publicly traded company in a shareholder class action alleging securities fraud and a related derivative lawsuit arising out of a restatement of the company’s financial statements.
- Successfully represented a banking institution in multiple lawsuits in which custodial account holders, who had been defrauded by their investment advisor, asserted claims for fraud, negligence and breach of contract.
- Successfully represented a services company in a class action lawsuit brought in state court on behalf of a nationwide consumer class seeking recovery for purportedly hidden service charges.
- Successfully represented a manufacturing company in a federal class action lawsuit in which a state-based consumer class asserted that they purchased product that had been systematically mislabeled.
- Obtained a multi-million dollar jury verdict, plus attorneys’ fees, on behalf of a publicly traded company arising out of a failed business acquisition.
- Obtained a multi-million dollar judgment plus attorneys’ fees, on behalf of a publicly traded manufacturing company following a trial for breach of contract.
- Obtained a multi-million dollar recovery on behalf of a publicly traded company from an international consulting firm, which had been engaged to advise the firm’s client on selecting a new order management and financial accounting computer system and then to act as project manager in implementing that system. The project was a total failure; it was discovered that the consultant did not have the experience that it had represented, and the system that it had recommended had never before been successfully implemented. Claims were asserted against the consultant for consultant malpractice, breach of contract and negligence.
- Successfully represented a former chief executive officer of a publicly traded company that sought to withhold his severance pay and incentive compensation based on Section 304 of Sarbanes-Oxley, after he had certified certain financials that ultimately had to be restated.
- Obtained a defense verdict in favor of a broker-dealer and its registered representative in claims for breach of contract and fraud brought by an investor who lost millions following a significant downturn in the stock market.
- Has successfully enforced and defended covenants not to compete on behalf of many firm clients.
Kim is a Certified Compliance and Ethics Professional (CCEP) and has received her certification in healthcare compliance (CHC) from the HCA. She is a member of the Society of Corporate Compliance and Ethics and the Health Care Compliance Association.
Kim is an active member of the American and Cleveland Metropolitan Bar Associations, and is a member of the ABA’s Litigation Section and the Class Action and Derivative Committee. Kim is a former member of the Board of Trustees for the Diversity Center of Northeast Ohio and the Board of Trustees for the Domestic Violence Center. She was named as a 2007 Woman of Professional Excellence by the YWCA.
Kim joined Calfee in 1999, after managing litigation for Nestle USA in Solon, Ohio. She became a partner 2005.
- Business, Corporate and Commercial Litigation
- Securities Litigation
- Compliance Services
- Energy and Natural Resources, Oil, Gas & Shale
- Cleveland-Marshall College of Law, J.D., magna cum laude, Law Review Editor-in-Chief, 1985
- Trinity College, B.A., 1981
- State of Ohio
- U.S. District Courts (Northern and Southern Districts of Ohio)
- U.S. Courts of Appeals for the Fourth and Sixth Circuits
- U.S. Supreme Court