About

Kim Chemerinsky is a commercial litigator who spent nearly two decades at Alston & Bird LLP, an Am Law 50 firm, before joining Rushing McCarl as a partner. She represents businesses in bet-the-company disputes — including regulatory investigations, class actions, and complex contract and tort cases — in federal and state courts as well as in arbitration. Her practice combines aggressive litigation with practical business judgment. She represented UnitedHealth Group and OptumRx in the largest federal multidistrict litigation in U.S. history; secured a Ninth Circuit decision for Stanford University affirming dismissal of a $468 million False Claims Act action; won a full acquittal following a six-week jury trial for a former Nomura Securities bond trader in a federal criminal case; and secured the exoneration of a wrongfully convicted man who spent 12 years in prison.

Ms. Chemerinsky has served as trusted counsel to public and private companies facing complex litigation and regulatory exposure, advising on litigation strategy, risk prevention, and business-forward solutions. Her experience spans contract and business-tort disputes, class actions, securities and derivative litigation, internal and regulatory investigations, and appellate proceedings across a wide range of industries. She also advises clients on compliance and risk management involving consumer protection, privacy and data security, advertising and promotional practices, and other regulatory frameworks that intersect with commercial disputes. In 2023, she was honored with the Firmwide Mentor of the Year award at Alston & Bird in recognition of her leadership and commitment to mentoring and developing colleagues across the firm.

Ms. Chemerinsky clerked for the Honorable Marcia Morales Howard of the U.S. District Court for the Middle District of Florida. She also served as a Lecturing Fellow at Duke University School of Law, where she co-taught the Wrongful Convictions Clinic.

Ms. Chemerinsky earned her J.D. from Duke University School of Law and her B.A. in English from The Colorado College. She is admitted to practice in California federal and state courts as well as the U.S. Court of Appeals for the Ninth Circuit.

You can review examples of Rushing McCarl’s public work here.

Education

J.D., Duke University School of Law
B.A., English, The Colorado College

Notable Results

Representative Litigation Matters:

  • Represented UnitedHealth Group and OptumRx in the largest federal multidistrict litigation in U.S. history, managing complex discovery, motion practice, and strategic coordination across jurisdictions. (In re National Prescription Opiate Litigation)
  • Secured a Ninth Circuit decision affirming dismissal of all claims against Stanford University in a $468-million False Claims Act action. (U.S. v. Stanford)
  • Secured a dismissal for Wendy’s of a putative class action arising from a consumer data breach. (Torres v. The Wendy’s Co.)
    Secured a Ninth Circuit judgment for Marshall & Swift affirming the denial of attorney’s fees under the Copyright Act. (Marshall & Swift/Boeckh, LLC v. Dewberry & Davis LLC)
  • Won a full acquittal on all charges following a six-week jury trial for a former Nomura Securities bond trader in a federal criminal case. (U.S. v. Shapiro)
  • Represented a former director of ANSA Productions in litigation related to the Los Angeles Auto Show. (ANSA Productions Inc. v. Fuzesi)
  • Won terminating sanctions against a vexatious litigant for a top travel technology company.
  • Won a motion vacating a restraining order for a prominent entertainment personality by proving that the petitioner had submitted doctored videos and other false evidence.
  • Secured a favorable settlement in which the plaintiff paid 100% of the client’s attorney’s fees to resolve derivative and related litigation.

Representative Regulatory Compliance and Investigation Matters:

  • Represented boards and executives in internal investigations and SEC-related matters, including investigations involving public-company disclosures and corporate control issues.
  • Advised the senior leadership of a technology company on legal strategy, regulatory compliance, and risk management.
  • Advised retail companies, auction houses, media companies, movie studios, shipping companies, and others on regulatory compliance and risk management involving consumer protection, privacy and data security, consumer disclosures, gift cards, advertising and promotions, and loyalty and rewards programs.

Representative Pro Bono Matters:

  • Secured the exoneration and release of Shawn Massey, a wrongfully convicted man who spent 12 years in prison for crimes he did not commit.
  • Petitioned for a writ of certiorari to the U.S. Supreme Court challenging an inmate’s 200-year sentence on Eighth Amendment grounds.
  • Briefed cases for the Jim Crow Juries Project, which seeks post-conviction relief for inmates convicted by non-unanimous juries in Louisiana before the Supreme Court’s decision in Ramos v. Louisiana.

Licenses

California
United States Court of Appeals for the Ninth Circuit
United States District Court for the Central District of California
United States District Court for the Northern District of California
United States District Court for the Southern District of California

Affiliations

Board Member, Bet Tzedek Legal Services
Board Member, Board of Governors, Los Angeles Economic Development Corporation
Past President, Los Angeles Central Area Planning Commission
Volunteer, Downtown Women’s Center

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