Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Rina Kim

As a Litigation associate, M. Rina Kim focuses on various securities and commercial litigation issues surrounding financial statements, disclosures, materiality analysis and internal and governmental investigations. Rina gained valuable auditing and forensic accounting training and experience in her previous work as a manager at KPMG Forensic Services.

By leveraging her insight into financial statements, books and records intricacies and accounting standards, Rina helps clients analyze and present complex financial contentions into successful settlements and resolutions. Based on her considerable experience as a professional consultant, she also assists in overseeing various project operations and document productions to ensure reliable and superior delivery.

Rina is a certified public accountant in Virginia and Washington, D.C., a certified fraud examiner and certified management accountant, and a candidate in the chartered financial analyst program. Her previous experience includes financial statement audits for commercial and not-for-profit organization clients as well as internal investigations related to securities regulation, financial statement representations, the Foreign Corrupt Practices Act, anti-bribery and corruption and internal controls assessment. Rina has also conducted project management operations for internal policy and process improvement implementation at one of the largest U.S. banks regarding mortgage lending regulatory compliance. Rina is a native speaker of Korean and proficient in Spanish and has performed document reviews and analyses in English, Korean and Spanish.

While in law school, she was the editor-in-chief of The George Washington International Law Review and president of The George Washington Graduate Korean Students Association. She also served as a law clerk at the U.S. Securities and Exchange Commission in the Division of Enforcement, and the U.S. Department of Justice in the Criminal Division, Fraud Section.

Rina currently serves as chief operating officer of the Korean American Bar Association of Greater Washington, D.C. and was the host committee coordinator and bilingual mistress of ceremony of the 2016 Annual Conference of International Association of Korean Lawyers.

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Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the Eleventh Circuit

The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al., clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (“FTCA”). Section 13(b) of the FTCA authorizes the Federal Trade Commission … Continue Reading

Federal Circuit Issues a Splintered Ruling on the Eleventh Amendment Immunity and Rule 19 Joinder Analysis

On July 24, 2020, a panel of the Court of Appeals for the Federal Circuit issued splintered precedential opinions surrounding the interplay of state sovereign immunity under the Eleventh Amendment and required joinder of parties under Rule 19 of the Federal Rules of Civil Procedure in a patent-in-suit infringement case in Gensetix, Inc. v. Baylor … Continue Reading

Lawyers Beware: Battle of Legal Professional Privilege of Internal Investigation Continues in England and Wales

Last month, the Court of Appeal of England and Wales granted permission for Eurasian Natural Resources Corp. Ltd. (“ENRC”) to appeal the May 2017 decision by the High Court[1] relating to a dispute over the legal professional privilege with the Serious Fraud Office (“SFO”).[2] The Court of Appeal will likely hear the case next year.… Continue Reading

A District Court’s Discretion to Sanction Is Broad, “But For” a Causal Limitation

Recently, the U.S. Supreme Court clarified in Goodyear Tire & Rubber Co. v. Haeger that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a causal link. The parties in Goodyear had reached a settlement of the underlying product liability … Continue Reading

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC, Rearden MOVA LLC, MO2, LLC, MOVA, LLC, the defendants in the underlying case had petitioned for a writ … Continue Reading

Think Your Arbitration Award Is Final? Maybe “Look Through” It Again

The question of federal court jurisdiction over arbitration proceedings has historically led to different conclusions. A few years ago, the  United States Supreme Court clarified in Vaden v. Discover Bank that Section 4 of the Federal Arbitration Act (“FAA”) authorizes a federal court to “look through” to the underlying controversy to determine if there is federal court … Continue Reading

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