Brooke Killian Kim

Product Liability and Mass Tort Actions

• National counsel to insurance company on entire portfolio of Aging Services cases, including strategic alignment of defense across the portfolio, management of direct defense of Aging Services cases, and developing data-based approach to litigation and resolution.
• Defended Bayer in California JCCP and related proceedings arising out of permanent medical device, including leading development of more than 50 medical experts, strategic resolution of tens of thousands of claims, and defense of related indemnity claims.
• Defended Bayer in multi-district litigation involving a cholesterol-lowering medication, Baycol, including preparation of an individual case for trial and coordination of all aspects of discovery in dozens of California cases
• Defended Pfizer in multidistrict litigation concerning COX-2 inhibitor medications, including coordination of expert selection and preparation, management of pre-trial discovery in bellwether cases, motion drafting and preparation for trial
• Defended Pfizer in multidistrict litigation and individual cases involving a smoking cessation medication.
• Defended Lorillard Tobacco Company in a three-week trial in Pensacola, Florida brought by an individual smoker in connection with the Engle class litigation
• Defended Lorillard Tobacco Company in individual smoking and health actions pending throughout California and Florida as a member of the trial team
• Defended Veolia Transportation, Inc. and Connex Railroad LLC in mass tort litigation arising from a Chatsworth Metrolink train collision involving hundreds of claims and pending in multiple jurisdictions, including conception and drafting of all briefs to create a first-of-its-kind interpleader action
• Obtained summary judgment on behalf of the wheel manufacturer American Racing in a personal injury lawsuit
• Represented medical device manufacturer NuVasive as national counsel in product liability litigation pertaining to an innovative spinal surgery device
• Represented Biogen Idec, Inc. in product liability litigation relating to the multiple sclerosis treatment Tysabri®, a biologic therapy

Consumer Fraud and Class Actions

• Defended Fortune 10 technology company against class actions alleging consumer apps violated state gambling laws, including successfully establishing a multidistrict litigation
• National counsel to manufacturer of "all natural" chips in defense of consumer fraud litigation throughout United States
• Defended Lorillard Tobacco Company in a 15-year consumer fraud class action relating to the use of "light," "low tar," "all natural" and similar descriptors in connection with the promotion of tobacco products, securing dismissal of claims against Lorillard
• Obtained summary judgment on behalf of the California Association of Realtors® in a putative class action brought under California's Consumer Legal Remedies Act and Unfair Competition Law
• Defended Menu Foods in consumer class actions coordinated in a multi-district litigation arising from international pet food recall

Other Complex Commercial Disputes

• Defended global pharmaceutical manufacturer in licensing dispute relating to use of cell line.
• Represented a high-performance memory developer in a commercial dispute involving antitrust, non-competition and intellectual property issues in a case implicating a multimillion-dollar revenue stream
• Defended Oracle America, Inc. in a licensing dispute involving breach of contract, trademark, copyright and unfair competition claims, including breach of purported FRAND obligations, pending in two district courts and before an arbitrator appointed by the American Arbitration Association's International Centre for Dispute Resolution
• Obtained multimillion-dollar award in a 10-day arbitration before a panel constituted by the American Arbitration Association on behalf of a member in a closely held LLC

Counseling, Risk Assessment and Internal Investigation

• Counseled Fortune 50 companies on potential litigation and business risks and benefits associated with acquiring and licensing new drug and medical device technology
• Conducted and counseled multi-national pharmaceutical company regarding an internal investigation pertaining to reports of improper promotion of FDA-approved medication
• Counseled a children's product manufacturer and its directors regarding product liability litigation risks and settlement issues
• Advised multiple clients, including an international publisher and an athletic-wear company, with respect to defamation and trade libel claims and related First Amendment issues 

• Product Liability Rising Star, Law360 (2018)
• Recipient, Pro Bono Publico Award, Casa Cornelia Law Center (2009)
• Recipient, DLA Piper Pro Bono Award, Nationwide Junior Associate of the Year (2008)
• Recipient, DLA Piper Pro Bono Award, Local Junior Associate of the Year (2006 – 2008)
• Recipient, Wiley W. Manuel Award for Pro Bono Legal Services (2006, 2011)
• The Legal 500 United States
  2020 - Next Generation Partners, Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices - Defense

• Allen Waxman, et al., "Emerging Issues in Pharmaceutical Litigation," in George D. Sax, Stephanie A. Scharf, Sarah R. Marmor, eds., Product Liability Litigation: Current Law, Strategies and Best Practices, (2nd ed. 2021)
• The learned intermediary doctrine in the WebMD era, August 2019
• Loren H. Brown, et al., "Selecting Representative Cases for Bellwether Trials: Empirical Evidence in Favor of Random Selection," publication in Akron Law Review anticipated in 2014 (credited)
• Allen P. Waxman & Loren H. Brown, "Emerging Issues in Pharmaceutical and Biotech Litigation Arising from Clinical Trials," in Product Liability Litigation: Current Law, Strategies and Best Practices 8-1 (Stephanie A. Scharf, et al. eds., 2009) (updated 2009 to 2012) (credited)