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Kimberly Smith

Kimberly Smith

Kimberly Smith

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Kimberly handles litigation matters in both federal and state courts, as well as mediation and arbitration proceedings. Kimberly has experience representing plaintiffs and defendants in claims involving breach of contract, business torts, trademark and copyright infringements, and other commercial disputes.

Kimberly has particular interest in the legal aspects of intellectual property and fashion and has written extensively on these and other subjects. Her articles have been distributed both online and in print and have been featured in such publications as General Counsel Forum, Cyberspace Lawyer, and Los Angeles Lawyer magazine.

Kimberly is a member of the American Bar Association, the New York State Bar Association, and the State Bar of Wisconsin.

Kimberly received her B.A., magna cum laude, from Hawaii Pacific University in 2003. She received her J.D. from the University of Wisconsin Law School in 2008.

Kimberly is admitted to practice in New York and Wisconsin state courts, as well as the U.S. District Court for the Southern District of New York.

Key Experience

Representation of plaintiffs and defendants in litigations involving contract claims, business torts, bankruptcy claims, trademark and copyright infringements, and other commercial disputes.
Representation of plaintiffs and defendants in arbitrations before the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR)
Representation of plaintiffs and defendants in appeals before state and federal appellate courts

Significant Cases and Projects

Assisted in the representation of an individual challenging the freezing of his assets by the Office of Foreign Asset Control (“OFAC”)
Assisted in the representation of a Southeast Asian mining company in a contract dispute with the Government of Laos, resulting in a multi-million dollar arbitration award
Assisted in the representation of a clothing manufacturer, successfully defeating the opposition's attempt to attach all inventory of the manufacturer, resulting in a complete dismissal of the action.
Assisted in the representation of a hedge fund in an investment dispute.
Advised lingerie manufacturer on issues related to copyright of lace designs and related risk-management
Provided advice and services to several fashion designers, and trademark and copyright holders regarding intellectual property rights and disputes

Articles and Publications

Getting the Lead Out: The Consumer Product Safety Improvement Act of 2008, Los Angeles Lawyer, July/Aug 2009
Brave New Web: Trademark Rights in the Expanding Internet, Cyberspace Lawyer, Jan/Feb 2009 (updated and reprinted in General Counsel Forum, Aug 2009)
Federal Circuit Clarifies Standard For Proving “Fraud” in Trademark Renewals, intellectualpropertylawblog.com, Sept. 2009
2nd Circuit Resolves Split Regarding Sale of Keywords to Trigger Sponsored Links and “Use in Commerce” Under the Lanham Act, intellectualpropertylawblog.com, April 2009

Career History

Associate, Mishcon de Reya New York LLP
Associate, Sheppard Mullin Richter & Hampton, LLP