Michael K. Kim

Biography

Michael Kim is an experienced trial lawyer.  He represents corporate and individual clients in a wide range of complex civil and commercial matters in proceedings in state courts in Northern Virginia and in the United States District Court for the Eastern District of Virginia. Michael regularly litigates complex disputes involving breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and other business torts. Michael has significant experience in litigating disputes involving partnerships and limited liability companies, corporate governance and control, and shareholder derivative actions. Michael has also represented fiduciaries and beneficiaries in will contests and in other varieties of trust and estate litigation.

Michael has been selected as a "Legal Elite" by Virginia Business Magazine and he has been named a "Rising Star" by Super Lawyers Magazine. In 2013, Michael was also selected by Lawyers of Color Magazine as one of 100 early- to mid-career minority attorneys under 40 from the Mid-Atlantic Region to its Inaugural Hot List.

Michael is active in the Virginia State Bar. He has been a member of the Fifth District (Section I) Disciplinary Committee since 2018 and currently serves as the Vice-Chair.  Michael is also an active member of the Asian Pacific American Bar Association of Virginia, where he has served as a board member and chair of its Judicial Screening Committee since 2016.

Professional Honors & Activities

  • Virginia Business Magazine, Legal Elite, Civil Litigation, 2020
  • Best Lawyers in America: Ones to Watch, 2020
  • Virginia Super Lawyers, Rising Star, 2013-2017
  • Washington DC Super Lawyers, Rising Star, 2014-2017
  • Virginia Business Magazine, Legal Elite, Young Lawyers' Category, 2013
  • Lawyers of Color Magazine, Hot List, Mid-Atlantic Region, 2013

Virginia State Bar

  • Fifth District Disciplinary Committee, Vice-Chair (Section I), 2020; Member 2018-present

Asian Pacific American Bar Association of Virginia

  • Board of Directors, 2016-present
  • Chair, Judicial Screening Committee, 2016-present

Representative Cases

  • Defended the retired chairman of a private forest products company against claim that a gift of voting stock triggered the company’s option to redeem the stock in order to prevent a change of control.
  • Defended the founder and former COO of a transportation and logistics management company against business tort and conspiracy claims after he resigned to join a competitor.
  • Defended the trustee of a revocable inter vivos trust against claims that the settlor/husband’s transfer of his stock in a real estate holding company to the trust was void due to lack of capacity and undue influence by the trustee/wife.
  • Defended a private corrections company against third party claims for the indemnification and contribution arising out of alleged transmission of HIV from the mother/inmate to fetus during a non-Caesarian Section delivery while inmate was incarcerated at jail managed by the corrections company.
  • Defended the manager of two Virginia limited liability companies before the American Arbitration Association agains claims asserted by members of the two companies seeking removal of the manager for alleged material breaches of the companies’ operating agreements and bad faith.
  • Obtained preliminary injunction on behalf of a government contracting company specializing in providing information technology services to the federal government against a former employee who had stolen and posted the company’s trade secrets.