Kim S.
Zeldin

Litigation



Team

Biography

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Kim S. Zeldin

Litigation

Biography

Kim S. Zeldin is a Partner in Liner’s Litigation Group. She has more than 25 years of complex business litigation experience.  Her clients include financial services institutions, real estate developers, engineering firms, technology companies, and schools.

She represents clients in complex business disputes across a range of legal areas including employee benefits and ERISA, intellectual property, unfair business practices, fiduciary liabilities, consumer class actions, real estate, construction defect, contract disputes, and employment law.  Kim has prosecuted and defended numerous state and federal court actions, arbitrations, and appeals.  She handles class actions as well as individual claims.

In the real estate litigation area, Kim handles all aspects of real property disputes including quiet title, boundary line disputes, easement disputes, partition actions, foreclosures, lease disputes, and disputes regarding purchase and sale agreements.

In the ERISA and employment area, Kim’s practice includes the representation of parties in actions involving claims for disability, health care, severance, and pension benefits; medical plan reimbursement involving issues of medical necessity; breach of fiduciary duty claims alleging improper and inappropriate investments; prohibited transactions claims; excessive fees; failure to disclose information or making misleading statements to plan participants; and challenges to the use of particular actuarial assumptions.

Education

University of California, Hastings College of the Law (J.D., cum laude, order of the coif)

University of California Santa Cruz (B.A., with highest honors)

Speaking Engagements & Publications
  • Co-author of the treatise Federal Trial Evidence (2008-2009)
  • Contributing author to Employee Benefits Law, an ABA publication
  • Fair Housing of Marin v. Combs, 285 F.3d 899 (9th Cir. 2002) (Ninth Circuit affirmed default judgment against landlord for housing discrimination and affirmed damage award and award of attorneys’ fees)
  • United Foods v. Western Conference of Teamsters Pension Trust Fund, 41 F.2d 1388 (9th Cir. 1994) (upholding inclusion of death, disability and early retirement benefits in the calculation of withdrawal liability)
Recognition
  • Southern California Super Lawyers (2014-2017)
  • Northern California Super Lawyers (2004-2012)
  • Who's Who in American Law, 14th Edition (2005-2006)
  • Fair Housing Leadership Award (2003)
Community
  • Member of the Board of Directors of Pets Are Wonderful Support (2001-2002)
  • Member of the Board of Directors of Breathe California (2006 to 2009)
  • Serves on the United States District Court for the Southern District of California’s mediation panel (2013 to present)
  • Served on the United States District Court for the Northern District of California’s mediation panel (2008 to 2012)
  • Judge Pro Tem for the San Francisco Superior Court (1995 to 2000)
Representations
  • Defended a bank in a quiet title action in which the plaintiff is seeking invalidation of the bank’s deed of trust.
  • Represented purchasers in action for breach of purchase and sale agreement for multiple commercial properties worth billions of dollars.
  • Represented landowner in connection with quiet title action pending in an adversary proceeding in bankruptcy court.
  • Represented managing members of company in JAMS arbitration regarding dispute of provision in operating agreement.
  • Represented lessor in connection with breach of a commercial lease by a former tenant.
  • Represented a pharmaceutical company in action to resolve dispute regarding royalty base under license agreement regarding material used to create protease inhibitor.
  • Confidential ICC Arbitration between major pharmaceutical companies - Action to determine ownership, trade secrets and enforcement rights regarding biotechnology materials and related patents.
  • Defended prominent geotechnical engineering company in construction defect action alleging design caused a landslide and other commercial property damage.
  • Obtained a judgment in favor of a California utility company in a JAMS quiet title arbitration.
  • Represented a major grocery store chain in connection with a dispute concerning a lease-purchase option.
  • Represented a commercial property owner in connection with partition action.
  • Represented a condominium owner in a dispute with an adjacent owner regarding payment of common area repairs in arbitration.
  • Represented sellers in a dispute regarding the terms of buy-out in merger and acquisition agreement.
  • Representation of an entertainment company in its $10-million contract dispute with a Japanese animation company.