Kim Haviv | White & Case LLP International Law Firm, Global Law Practice
Kim Haviv
Kim Haviv

Kim Haviv

Partner, New York

T +1 212 819 8683

E kim.haviv@whitecase.com

Overview

Kim Haviv is a partner in the Firm's Commercial Litigation Practice with a successful track record representing clients in complex contract and business disputes, securities actions, bankruptcy-related litigation, and class actions. She has substantial experience across global industries, including the financial, technology, oil and gas, pharmaceutical, shipping and automotive sectors.

Clients benefit from Kim's extensive experience handling cross-border disputes for international clients and her ability to navigate the complexities of legal systems in the US and abroad. Kim regularly represents non-US clients in cases involving the extraterritorial application of US state and federal laws.

Kim has achieved a string of successes in securities cases on behalf of corporations and officers and directors, in both individual and putative class action cases.

She has represented debtor and creditor groups in some of the world's largest bankruptcies and restructurings, including the Chrysler, Charter Communications, and Tribune bankruptcy cases. She regularly appears in contested bankruptcy proceedings, including chapter 15 proceedings on behalf of foreign companies seeking US bankruptcy court recognition and lift stay proceedings on behalf of secured creditors.

Kim's experience includes government investigations and enforcement actions, and their crossover with civil litigation, having represented financial institutions in connection with global investigations into possible violations of US and foreign antitrust, fraud and commodities laws. She has coordinated investigations by the US Department of Justice, US Commodity Futures Trade Commission, Autorité des marchés financiers, European Commission and the UK Financial Services Authority. Kim has also appeared in arbitral proceedings before various tribunals.

Committed to equal access to justice, Kim has performed extensive pro bono work on behalf of the American Civil Liberties Union, the Legal Aid Society and the Juvenile Law Center.

Kim spent 2014 on secondment in White & Case's Paris and London offices.

Prior to joining White & Case LLP, Kim served as a law clerk to the Chief Justice and the Justices of the Ontario Superior Court of Justice and its Commercial List.

Bars and Courts

  • New York State Bar
  • Ontario Bar
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Second Circuit
  • US District Court for the Southern District of New York
  • US District Court for the Western District of New York

Education

  • JD, University of Toronto
  • Bachelor of Arts & Science (Hons.), McMaster University

Languages

  • English
  • French
  • Hebrew

Experience

Representation of a leading European global financial institution in a putative class action relating to the setting of foreign interbank rates, securing complete dismissal on jurisdictional grounds.

Representation of a global pharmaceutical company in the defense of an action brought by a distributor alleging damages from the termination of a longstanding distributorship agreement for products in the Middle East.

Representation of a global oil and gas company in a breach of contract and fraud case related to the company's sale of certain fuel assets.

Representation of a former director and a former shareholder in a securities fraud action related to an automotive company's bankruptcy.

Representation of German-based technology company Aixtron SE in the defense of a putative securities class action, successfully obtaining a dismissal of all claims.

Representation of Dynegy in the defense of a putative securities fraud class action arising out of Dynegy's restructuring, successfully obtaining dismissal of all claims, which was affirmed by the Second Circuit.

Representation of Talbots and two of its officers in the defense of a putative securities fraud class action lawsuit stemming from a 61 percent drop in Talbots' stock price from its class-period high, successfully obtaining dismissal of all claims.

Representation of China Merchants Bank as the senior secured lender in the Winland Ocean Shipping Corporation's chapter 11 bankruptcy in Texas, successfully obtaining a lift of the automatic stay following a multi-day evidentiary hearing.

Representation of OAS, one of Brazil's largest companies, in its restructuring, including chapter 15 proceedings in New York bankruptcy court, litigation in New York state court and provisional liquidation proceedings in the British Virgin Islands.

Pro bono counsel with the American Civil Liberties Union of Washington State against a public hospital district that refused to comply with legislation ensuring neutrality with respect to women's reproductive rights, winning a complete victory and resulting in a reversal of the hospital district's policies and practices.

Pro bono counsel to Legal Services NYC on an amicus brief to the US Supreme Court in Obergefell v. Hodges, the landmark case that secured marriage equality nation-wide.

Publications

  • City of Pontiac: Second Circuit Further Limits When US Securities Laws May Reach Non-US Securities And Issuers, The Review of Securities & Commodities Regulation, Vol. 47 No. 15, September 3, 2014

Awards & Recognition

Pro Bono Publico Award, The Legal Aid Society, 2012