Securities Litigation/Shareholder Derivative Litigation

Phil is a partner with 20+ years of experience handling-high stakes securities litigation in federal and state courts across the country. Since joining The Rosen Law Firm in 2005, Phil has achieved numerous settlements in securities class actions for amounts significantly above the historical average recovery for similar cases.

Securities Class Actions

Mr. Kim played a significant role in the historic $250 million Alibaba Group Holdings Ltd. securities class action settlement the firm secured in 2019. Mr. Kim was also the lead lawyer in a number of significant recoveries including, $15.3 million USA Technologies, Inc. (E.D. Pa.); $13.25 million Blue Apron Holdings, Inc.  (E.D.N.Y.); $11 million The RealReal, Inc., (N.D. Cal.); $6.51 million Akazoo S.A., (E.D.N.Y.); $6.5 million Global Brokerage, Inc. (S.D.N.Y.); $6.2 million Sunlands Technology Group, (E.D.N.Y.); $6 million Nature’s Sunshine Products, Inc., (D. Utah); $6 million Covia Holdings Corp. (N.D. Ohio); $5 million FalconStor Software, Inc., (E.D.N.Y.); $4.5 million KIOR, Inc., (S.D. Tex.); $3.5 million L&L Energy, Inc. , (S.D.N.Y.); $3.5 million Keyuan Petrochemicals, Inc. (S.D.N.Y.) and (D.N.J.); $3.4 million Industrial Enterprises of America, Inc., (S.D.N.Y.), $3.4 million Ampio Pharmaceuticals, Inc., (C.D. Cal.); $3.3. million Textura Corporation (N.D. Ill.);  $3.25 million Intrustion, Inc. (E.D. Tex.); $3.1 million TierOne Corporation, (D. Neb.); $3 million Cadiz, Inc., (C.D. Cal.);  $3 million Fat Brands, Inc. (C.D. Cal.); $2.868 million  Albany Molecular Research, (E.D.N.Y.); $2.75 million Sequans Communications SA  (E.D.N.Y.); $2.7 million Akari Therapeutics PLC  (S.D.N.Y.); $2.5 million Radient Pharmaceuticals Corporation (C.D. Cal.); $2.25 million Kanzhun Limited, (D.N.J.); $2.2 million RCI Hospitality, (S.D. Tex.);  $2.0 million GTT, Inc. (C.D. Cal.); $2.0 million Tufin Software Tech., (S.D.N.Y.);  $1.8 million Ignite Restaurant Group, Inc.,(S.D. Tex.); $1.5 million Alliance MMA, Inc. (D.N.J.); $1.5 million FAB Universal Corp., (S.D. Tex.); $1.5 million in BlueNRGY Group Ltd, f/k/a CBD Energy Ltd., (S.D. Tex.); $1.265 million Cocrystal Pharma. Inc. (D.N.J.); $1.2 million Izea, Inc., (C.D. Cal); and $1 million India Globalization Capital (D. Md.).

Shareholder Derivative Litigation

Mr. Kim has also secured a number of significant recoveries in shareholder derivative litigation. Recently, Mr. Kim, as co-lead counsel in the SeaWorld Entertainment, Inc. derivative litigation, secured a $12.5 million cash payment to SeaWorld and caused SeaWorld to institute targeted corporate reforms. Kistenmacher v. Atchison, et al., 10437-VCS (Del. Ch.). Mr. Kim was co-lead counsel in Virginia state court and helped secure a $10 million cash payment for comScore and causing comScore to institute a vast array of reforms to its corporate governance. In re comScore, Inc. Virginia Shareholder Derivative Litigation, No. CL-2016-0009465 (Va. Cir. Ct., Fairfax Cnty.); In re ComScore, Inc. Shareholder Derivative Litigation, Case No. 1:16-cv-09855-JGK (S.D.N.Y.).  Mr. Kim was co-lead counsel in In re Mammoth Energy Servs. Inc., Consolidated Derivative Stockholder Litig., 19-cv-1682-RGA (D. Del.) where plaintiffs secured $1.5 million cash payment and caused the company to institute valuable corporate governance reforms.

In 2019-2023, Lawdragon named Mr. Kim as one of 500 leading Plaintiff Financial Lawyers.   In 2023-2024 Mr. Kim was selected to Super Lawyers.  Mr. Kim  was recognized in the 2024 edition of The Best Lawyers in America™.

Partner

Villanova University School of Law, J.D., 2002

The Johns Hopkins University, B.A. in Economics, 1999