Full Profile
Kim West practices in the areas of D&O liability, professional liability, employment practices, fidelity, fiduciary liability, and technology errors and omissions. He represents insurers in issues such as coverage, litigation management, alternative dispute resolution, and coverage litigation.
During the past decade, Kim has represented insurers on a nationwide basis in most of the mega-claims such as IPO laddering; late trading and market timing; Enron, WorldCom and Adelphia; insurance broker contingent commission and bid-rigging; options backdating; subprime finance; and Chinese reverse mergers.
Kim has handled high-profile employment claims such the numerous Harvey Weinstein matters and the Wynn Resorts shareholder derivative action.
Kim has represented various London market and European insurers and reinsurers in litigation pending against their insureds in the United States and is familiar with the factual, legal and cultural nuances presented by such claims. He also has represented insurers under international insurance programs involving the United Kingdom, Hong Kong, Germany, France, Greece, Chile, and Italy.
Kim has participated in numerous seminars and client presentations on such topics as securities litigation, the Sarbanes-Oxley Act of 2002, complex class action litigation, US securities law exposure for non-US corporations, SPACs, and ESG.
Admissions
- California
- US District Courts for the Northern, Central, Southern and Eastern Districts of California
- US Courts of Appeals for the Third and Ninth Circuits
Education
- J.D., Duke University School of Law
- B.A., summa cum laude, West Virginia University
Experience
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Prevailed on a motion to stay a coverage action pending in Federal District Court in the Southern District of New York and to compel arbitration in Hong Kong based on the policy's arbitration provision, the Federal Arbitration Act, and the UN Convention on the Recognition and Enforcement of Foreign Arbitration Awards.
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Prevailed in coverage litigation in federal court in Arizona, where the Court’s opinion on Underwriters’ motion for a fee award states, in relevant part:
11333 forced Underwriters to clean Augean stables, and they did so with Herculean effort.
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Acted as an expert and as an arbitrator in various coverage litigation matters.
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Assisted D&O underwriters in drafting policy forms and endorsements.
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Represented clients in significant mediations and coverage litigation.
