Benjamin J. Kim is a veteran litigator and trial lawyer on novel areas of law.

Recently, Ben litigated and tried some of the country’s first COVID-19 cases and provided strategic counsel to a wide range of industries, including healthcare, during an unprecedented pandemic that kept workplace safety and health at the top of all employers’ minds. His litigation background extends to a variety of claims such as harassment and discrimination cases involving high-level executives, nationwide and California-wide class and other representative actions, and other disputes between partners and founders. He also has litigated breach of contract, theft of trade secrets, privacy and tort cases. To complement his litigation and trial practice, Ben has counseled and represented clients through a variety of internal and government agency investigations and audits.

As part of his overall practice, Ben maintains an industry focus on entertainment and esports. In addition to providing counsel on legal issues related to the rapidly evolving technology and business needs of these sectors, Ben has advised entertainment and esports organizations on a variety of workplace-related issues.

Ben maintains an active pro bono practice advising nonprofit organizations.

Ben is also an active speaker on the latest employment law and Occupational Safety and Health (OSHA) developments.

Ben joins from an international AmLaw 100 firm where he was a leader of the firm’s nationwide labor and employment group and chaired its OSHA practice.

Publications

The most pressing legal issues in esports, Esports Insider (June 2019)

Dealing with Ebola—and Ebola-Related Fears—in the Workplace, Occupational Health & Safety (October 23, 2014)

Filmmakers Must Mind Workplace Safety, Too, Daily Journal (October 3, 2014)

California Employers Should Sweat Over Cooldown Breaks, Law360 (August 8, 2014)

The Heat Is On for California Employers, Law360 (January 23, 2014)

California Employers Should Prepare for Increased Enforcement of, and Litigation Over, New OSHA Standards Regarding Serious Violations, CA Employer (December 2010)

Presentations

OSHA’s Pandemic Endgame: Vaccine Mandates and Enforcing COVID-19 Safety Protocols under the General Duty Clause, 2022 Occupational Safety and Health Law Committee Midwinter Meeting, Sarasota, FL (March 10, 2022)

Keeping Employees Safe: Testing, Vaccinations and Related Issues during the Pandemic, 15th Annual ABA Section of Labor and Employment Law Conference, Los Angeles, CA, (November 11, 2021)

What to Expect from Cal/OSHA in 2020: Enforcement Trends, Regulatory Developments, and How to Close Your Compliance Gaps, BLR®—Business & Legal Resources webinar (December 17, 2019)

Important Cal/OSHA Updates for 2019: The Practical Impact on Your Policies and Procedures,” BLR®—Business & Legal Resources webinar (December 13, 2018)

  • University of California, Berkeley, J.D.
  • University of Arizona, B.A., summa cum laude

Bars

  • California
  • U.S. District Court: Central District of California
  • U.S. District Court: Eastern District of California
  • U.S. District Court: Northern District of California
  • U.S. District Court: Southern District of California

American, Korean American, Los Angeles County, and National Asian Pacific American Bar Associations

Asian Americans Advancing Justice—Orange County

Asian Rehabilitation Service, Inc.

Berkeley Korean-American Alumni Association