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Jonathan Yim

New York Office
Principal
New York Office

One Bryant Park
47th Floor
New York, NY 10036
TEL: 212.402.9434 FAX: 212.402.9444
jyim@mckoolsmith.com

Jonathan R. Yim is a principal in McKool Smith’s New York office who represents clients in complex commercial and white collar matters, with particular focus on cross-border issues.  He has litigated several high-profile cases and dealt with prosecutorial and regulatory authorities across the country and around the world.  Recent engagements have taken him to France, Israel, Luxembourg, Monaco, South Korea, Switzerland, and Taiwan.

Jonathan’s experience encompasses both the plaintiff and defendant side in court, as well as working with and opposed to government agencies.  The international scope of his practice routinely intersects with foreign law and extraterritoriality, involving diverse subjects ranging from banking secrecy and data protection to assessing patent damages.  He also advises clients in negotiating global patent licenses and formulating policies for patent licensing, acquisition, divestment, and international standards-setting activity.

Prior to law school, Jonathan was a U.S. Fulbright Scholar to Austria from 2004 to 2005, conducting musicology research at the University of Vienna and the Austrian National Library.  During law school, Jonathan served as Editor-in-Chief of The International Lawyer, the official quarterly publication of the American Bar Association Section of International Law.  He is a fluent German speaker.

Representative Matters

  • DFS Monitorship: As part of McKool Smith’s appointment by the New York State Department of Financial Services to act as the monitor of an international financial institution, Jonathan managed a team conducting a historical review of the bank’s conduct in three separate countries for over a year, entailing comprehensive analysis of account files, interpretation of transactional data, and interviews with current and former bank employees.
  • Cross-Border Tax Evasion: Representation of several Swiss banks that participated in the Department of Justice’s Swiss Bank Program.  Jonathan also separately served with the McKool Smith team as an independent examiner under the Swiss Bank Program.
  • Art-Related Matters: Representation of overseas clients involving civil and criminal art-related matters, including allegations of fraud as well as discovery under 28 U.S.C. § 1782 for use in foreign proceedings.
  • FCPA: Representation of overseas clients in an investigation by the Department of Justice involving bribery of foreign officials.
  • Information Management: Representation of i4i in a suit filed against Microsoft for patent infringement involving a method for manipulating architecture and content of a document separately from each other.  After an eight-day trial, the jury found i4i’s patent valid and infringed, rendering a verdict in favor of i4i.  Jonathan argued before the district court in successfully opposing Microsoft’s motion to lower the burden of proof for patent invalidity from clear and convincing to preponderance of the evidence.  When Microsoft appealed this ruling, the Supreme Court affirmed the $290 million judgment unanimously.  Jonathan also represents BMC Software in connection with claims of patent infringement regarding information technology service management products.
  • Wireless Telecommunications: Representation of Wi-LAN in connection with numerous disputes regarding the Wi-Fi, CDMA2000, HSPA, WiMAX, LTE, and Bluetooth standards, including claims of patent infringement and FRAND-based claims of fraud and license.  Representation of Ericsson in a global patent infringement dispute against Apple involving various mobile communications technologies.
  • Medical Devices: Representation of Medtronic in connection with disputes regarding stent technology, including claims of patent infringement, false marking, breach of contract, fraud, conversion, misappropriation of trade secrets, misjoinder of inventors, and correction of inventors.  Representation of Becton Dickinson in connection with disputes regarding safety syringes, including claims of false advertising, product disparagement, tortious interference, and unfair competition.

Articles

“Feasibility of the Language Policy of the European Union,” 41 INT'L LAW. 127 (2007).