Jean Kim

Jean Kim is a partner in the New York office of Constantine Cannon. Jean concentrates her practice on antitrust litigation and counseling and general commercial litigation.

Jean has extensive experience in antitrust, First Amendment, class action and general commercial litigation.  She has litigated in federal and state courts in the Second, Third, Fifth, Sixth, Ninth and Eleventh Circuits.  Although many of her matters have successfully settled prior to trial, she has participated in federal trials, preliminary injunction/TRO proceedings and evidentiary hearings.  Jean also has significant experience collecting evidence and testimony abroad under the Hague Convention.

Representative matters include:

  • Represent a putative class of premium payers against Sutter Health in Sidibe v. Sutter Health before the Northern District of California alleging Sherman Act violations. Plaintiffs successfully appealed the district court’s dismissal order and the case is in discovery.
  • Represent over sixty major U.S. merchants in In Re: Payment Card Interchange Fee & Merchant Discount Antitrust Litigation, a multidistrict litigation pending in the Eastern District of New York, and brought against Visa, Mastercard and the four largest U.S. banks for violations of antitrust laws.
  • Represented wireless location technology company in TruePosition, Inc. v. LM Ericsson, et al., in a case alleging conspiracy and monopolization against three of the world’s largest telecommunications companies and two-standard setting organizations. The case settled after discovery and defeating motions to dismiss.
  • Represented the Coalition of Immokalee Workers (CIW) in its successful First Amendment challenge to the Town of Palm Beach’s noise and other ordinances violating CIW’s right to public assembly. The Southern District of Florida issued a preliminary injunction/TRO barring the enforcement of certain Town ordinances and permitting CIW’s march through Palm Beach. A consent final judgment was subsequently entered allowing CIW to march in Palm Beach in future campaigns.
  • Represented the Coalition of Immokalee Workers (CIW) in its defense against a contract suit in Del Monte v. CIW. After accelerated discovery and on the eve of preliminary injunction proceedings in Florida state court, the parties successfully settled the matter.
  • Represented soccer brand Mitre Company in Mitre v. HBO in a defamation suit involving extensive discovery in India and throughout Europe. Mitre defeated summary judgment motions and won private figure status.  After a month-long trial in the Southern District of New York, the jury issued a verdict for defendant HBO.
  • Represented Seton Company in a commercial contract dispute (Seton Company v. Lear). The matter went to trial in Michigan federal court and resulted in a jury award of more than $36 million.

In addition to her extensive litigation experience, Jean has counseled clients on issues of compliance with federal and state antitrust laws. She has represented clients before the Federal Trade Commission, Department of Justice and State Attorneys General in response to civil investigation demands and second requests in connection with the merger review process.

Prior to joining Constantine Cannon, Jean was an associate at Skadden, Arps, Slate, Meagher & Flom LLP.  Jean focused her practice on merger analysis and review, and represented numerous Fortune 500 companies and foreign corporations before the Federal Trade Commission and Department of Justice in connection with the merger review process.

Jean heads up the pro bono practice at Constantine Cannon and has worked with numerous pro bono clients, obtaining tax-exempt status for not-for-profit organizations, drafting bylaws and articles of incorporation, and advising on corporate governance. She has also represented clients under the Violence Against Women Act to procure work authorization and other INS approvals for victims of domestic violence.  More recently, she has lead the firm’s efforts on the Immigration Project and overseen the firm’s representation of clients seeking asylum.

Jean received her juris doctor from Hastings College of the Law in 1999 and her Bachelor of Arts in Political Science and English from Williams College in 1995.

Jean Kim's Publications & Speeches

The Department of Justice's Last Stand in the Airline Industry - Did it Blink?

Roll Call (Dec. 1, 2013). Click here to read the article.

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Some Greater Clarity on the FCPA's Reach Over Foreign Nationals

Thompson Reuters publishes article by Constantine Cannon partners Gordon Schnell and Jean Kim. (April 2, 2013)  Click here to read the article.

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Class Wars Panel

Ohio State Bar Association (November 6, 2009)

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RPM - What's all The Ruckus About?

Competition Law 360, February 6, 2008 download PDF

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Putting a Finer Point on the Daubert Standard In Antitrust Cases

Panel for the Antitrust Section of the American Bar Association (February 6, 2007)

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