Jason H. Kim is the head of the firm’s Business Litigation and Competition practice group. Mr. Kim is an accomplished plaintiff-side litigator in a variety of fields, including antitrust, consumer class actions, civil rights, and ERISA. Highlights of his experience include:
Represents several of the nation’s largest health insurers in antitrust litigation against pharmaceutical companies, including three of the top ten insurers in In re Generics Pharmaceuticals Pricing Antitrust Litigation, one of the largest-price fixing cases in U.S. history;
Represents the Commonwealth of Puerto Rico in In re Pork Antitrust Litigation; and
Represented an online travel agency in settled antitrust litigation against the nation’s largest hotel companies.
Consumer Class Actions
Obtained settlement in Knapp v. Art.com, a class action alleging Art.com advertised perpetual sales on its website in violation of California law; and
Obtained settlement in Dashnaw v. New Balance Athletics, Inc., a class action alleging New Balance falsely marketed certain of its athletic shoes as “Made in USA” in violation of California law.
Civil Rights / Disability Rights / IDEA
Established that the State of Hawaii violated the Americans With Disabilities Act and the Rehabilitation Act by excluding individuals with disabilities from a state-funded healthcare program and that such exclusion was intentional, allowing recovery of compensatory damages in Lovell v. Chandler, 303 F.3d 1039 (9th Cir. 2002);
Obtained settlement in McMillion v. State of Hawaii, a class action alleging that Hawaii’s public housing authority was in violation of the Americans With Disabilities Act with respect to access at the largest public housing complex in the state; and
Prevailed in three appeals establishing that the States of Hawaii, Rhode Island, and Connecticut had violated the Individuals With Disabilities in Education Act by prematurely terminating students’ entitlement to special education in E.R.K. v. State of Hawaii Department of Education, 728 F.3d 982 (9th Cir. 2013), K.L. v. Rhode Island Board of Education, 907 F.3d 639 (1st Cir. 2018), and A.R. v. Connecticut State Board of Education, 5 F.4th 155 (2d Cir. 2021).
Obtained $75 million settlement in In re J.P. Morgan Stable Value Fund ERISA Litigation, a class action alleging J.P. Morgan had mismanaged its stable value funds, which were offered as an investment option in the 401(k) plans of hundreds of large employers. This was the largest non-church plan ERISA settlement in 2019.
Represents cities in California, Nevada, Ohio, Arkansas, and Tennessee against Netflix, Inc. and Hulu, LLC, seeking to collect video franchise fees on behalf of a putative class of cities and counties in those states.
Prior to joining the firm, Mr. Kim was an associate and counsel at O’Melveny & Meyers in Los Angeles, California and Alston Hunt Floyd & Ing in Honolulu, Hawaii (now Dentons). He also served as a Deputy Prosecuting Attorney for the City and County of Honolulu. He is one of the co-authors of the Hawaii section of the American Bar Association’s Practitioner’s Guide to Class Actions.