Andrew Kim

Andrew Kim is a partner in the firm’s Appellate and Supreme Court Litigation practice. His work focuses on appellate matters and complex civil litigation in federal and state courts. Andrew has experience in a wide range of areas including administrative law, blockchain and digital currency, consumer financial services, disability law, gaming and gambling law, and white collar defense.

• Co-authored merits briefs and served as second-chair in U.S. Supreme Court litigation during the 2019 Term. Successfully persuaded the Court to hold that restrictions on second or successive habeas petitions are not applicable to timely motions for reconsideration under Rule 59(e). Banister v. Davis, 140 S. Ct. 1698 (2020)
• Co-authored briefs and served as second-chair in First Circuit litigation concerning the interpretation of the Indian Reorganization Act. Successfully persuaded the court of appeals to affirm the district court’s decision rejecting the U.S. Department of Interior’s interpretation of the Act. Littlefield v. Mashpee Wampanoag Indian Tribe, 951 F.3d 30 (1st Cir. 2020)
• Co-authored a brief in the D.C. Circuit on behalf of a biopharmaceutical manufacturer defending FDA’s approval of the manufacturer’s 505(b)(2) application against a competitor’s exclusivity challenge. Successfully obtained affirmance of the district court’s grant of summary judgment in favor of the manufacturer and FDA. Otsuka v. Price, 869 F.3d 987 (D.C. Cir. 2017)
• Co-authored a brief in the Ninth Circuit on behalf of a national bank defending against claims of discriminatory lending. Successfully obtained affirmance of the district court’s grant of summary judgment
• Led briefing and presented oral argument in a Fair Debt Collection Practices Act (FDCPA) appeal in the Washington Court of Appeals. Successfully persuaded the court to affirm the district court’s dismissal of the complaint
• Led briefing and presented oral argument in an arbitrability appeal before the California Court of Appeal
• Led briefing in a Ninth Circuit appeal presenting novel issues of appellate and personal jurisdiction in the enforcement of grand jury subpoenas
• Co-authored a brief in the First Circuit on behalf of a post-secondary educational institution defending against state-law contract and tort claims Successfully persuaded the court to affirm the district court’s dismissal of the case on exhaustion grounds
• Defended a national bank in Fair Housing Act cases brought by municipalities alleging lending discrimination
• Led summary-judgment and pre-trial briefing on choice-of-law issues in a bankruptcy case concerning tribal lending
• Contributed to merits briefing for a Supreme Court case concerning the scope of the Fair Housing Act
• Co-authored Supreme Court amicus briefs filed on behalf of companies and trade organizations. Andy Warhol Foundation v. Goldsmith, No. 21-869 (Robert Rauschenberg Foundation); Google LLC v. Oracle, No. 18-956 (circuit design software manufacturer); Bucklew v. Precythe, No. 17-8151 (association of generic and biosimilar pharmaceutical manufacturers and distributors); South Dakota v. Wayfair, Inc., No. 17-494 (Etsy); Leidos, Inc. v. Indiana Public Retirement System, No. 16-581 (securities industry trade association); Ernst & Young, LLP v. Morris, No. 16-300 (association of corporate leaders); Cuozzo Speed Techs., LLC v. Lee, No. 15-446 (biotechnology trade organization)

As a member of the Gaming, Gambling, and Sweepstakes Practice, Andrew provides advice on issues related to state and federal gaming and gambling laws, including issues affecting brick-and-mortar casinos, sports wagering, fantasy sports, and blockchain platforms.

Andrew actively represents clients in litigation involving the Americans with Disabilities Act (ADA) and other federal, state, and local laws and regulations involving accessibility. He has represented numerous clients in web accessibility litigation, including Harvard University and the Massachusetts Institute of Technology in class actions alleging violations of Title III of the ADA and the Rehabilitation Act of 1973. Andrew has also advised clients on compliance with the ADA and other disability laws.

Andrew maintains a diverse and active pro bono practice. Working with Kids In Need of Defense (KIND), Andrew has represented several individuals in state and federal proceedings as part of their efforts to secure Special Immigrant Juvenile Status (SIJS). His other recent pro bono representations include:

• Represented the proposed guardian of an unaccompanied minor seeking SIJS in an appeal of the trial court’s denial of guardianship and special findings before the Maryland Court of Special Appeals. Successfully persuaded the court to reverse the trial court’s order, and persuaded the trial court on remand to provide immediate relief so that the minor could apply for SIJS in a timely manner. In 2019, Andrew received a Special Recognition Award from KIND Baltimore for his efforts in this case
• Led briefing and presented oral argument in a Sixth Circuit appeal concerning trial counsel’s ineffective assistance of counsel and the application of the “force clause” of 18 U.S.C. § 924(c)
• Led briefing and presented oral argument in a Sixth Circuit appeal concerning a state prisoner’s claims of ineffective assistance of counsel.
• Led briefing and presented oral argument in an unlawful-arrest and unlawful-search case before the Ninth Circuit
• Represented a nonprofit organization devoted to assisting the homeless in a First Amendment challenge to a Florida municipality’s ban on charitable solicitation. Successfully obtained a judgment on the pleadings in favor of the client

Andrew currently serves as the Secretary of the Edward Coke Appellate Inn of Court, the first American Inn of Court dedicated to appellate practice. From 2016 to 2020, Andrew served as a leader of Goodwin’s Committee on Racial and Ethnic Diversity (CRED) in Washington DC. In 2017, Andrew represented the firm as part of the Leadership Council on Legal Diversity’s Pathfinder Program, a professional-development program for diverse, high-potential, early-career attorneys.

Prior to joining Goodwin in 2014, Andrew clerked for the Honorable Janice Rogers Brown of the US Court of Appeals for the District of Columbia Circuit and the Honorable Bernice B. Donald of the US Court of Appeals for the Sixth Circuit. During law school, he served as a judicial intern to the Honorable Inez Smith Reid of the District of Columbia Court of Appeals.

Andrew was named to Benchmark Litigation’s “40 & Under Hot List” for 2023 and 2024. He was a recommended lawyer for Appellate by The Legal 500 in 2021-2024. While attending law school, Andrew served as the Senior Federal Circuit Editor for the American University Law Review. He was awarded the Mussey Prize and the Outstanding Graduate Award by the Washington College of Law and is a two-time recipient of the Myers Law Scholarship. Andrew was also a finalist in the 2012 National First Amendment Moot Court Competition.

Andrew's recent publications include:

• Co-Author, “CFPB Goes on Offense, Faces New Challenges After High Court Win,” Bloomberg, May 2024
• Co-Author, “What to Expect from CFPB's Entry into Cryptocurrency Arena,” Law360, June 2022
• Co-Author, “Cutting Off the Stream: How United States v. Silver Affects ‘Stream of Benefits’ or ‘Retainer’ Bribery,” Business Crime Bulletin, May 2020
• Author, “Gam(bl)ing 2.0: The Problem of Old Laws in an Era of New Games,” Criminal Justice, Spring 2017
• Co-Author, “CFPB Must Show Its Cards on Defining ‘Abusive’,” American Banker, November 2015
• Co-Author, “Fantasy sports vs. illegal gambling: Where's the line?” CNBC, April 2015
• Author, “‘Standing’ in the Way of Equality? The Myth of Proponent Standing and the Jurisdictional Error in Perry v. Brown,” American University Law Review, June 2012
• Author, “Falling from the Legislative Grace: The ACORN Defunding and the Proposed Restraint of Congress’ Appropriations Power Through the Bill of Attainder Clause,” American University Law Review, March 2011

• Speaker, “IP at the Supreme Court Series: Andy Warhol Foundation for the Visual Arts v. Goldsmith,” American University Washington College of Law, October 2022
• Speaker, “IP at the Supreme Court Series: Google LLC v. Oracle America Inc.,” American University Washington College of Law, October 2020
• Speaker, “Site Check Webinar: Are Your Website and Mobile App Exposing You to Liability? ” Goodwin Webinar, January 2020
• Speaker, “Jefferies Sports Betting Tour,” Gaming Conference, December 2019