Nary Kim

Entertainment & Media; Complex Litigation

Los Angeles

Nary Kim rose to a partnership in just five years at Kendall Brill & Kelly LLP by demonstrating the expertise necessary to develop winning cases for major film studios and other entertainment clients. She joined the firm in 2016.

"I had friends whose parents were lawyers, but I was the first in my family," she said. "I had no real concrete plan to focus on the movie industry." But a brief job as an associate at Jenner & Block LLP showed her that in Los Angeles, entertainment law is a focal point.

"If you're practicing commercial law in L.A., entertainment law is unavoidable," Kim said. "But it's really the same as any other form of commercial law, with an added aura of fame."

Kim was a key member of the KBK team that as lead counsel secured the dismissal of a high-profile lawsuit brought by former actors Leonard Whiting and Olivia Hussey. The two starred in the 1968 film adaptation of "Romeo and Juliet." The plaintiffs sought more than $500 million over a nude scene filmed for the movie when they were minors. Whiting et al. v. Paramount Pictures Corp. et al., 22SMCV02968 (L.A. Sup. Ct., filed Dec. 30, 2022).

In May 2023, the judge ruled in response to the KBK team's SLAPP motion that the plaintiffs' claims arose from protected activity under the First Amendment and that the plaintiffs had failed to show a likelihood of success on the merits. The judge awarded Paramount more than $185,000 in attorneys' fees.

"'Romeo and Juliet' was my mom's favorite movie," Kim said. "I'd play the theme on the piano. To do the case, I got to rewatch the movie -- the best billable hour ever."

The plaintiffs have persisted. "Sadly, the suit has made its return," Kim said, noting that the actors believe they have found a new cause of action in a rerelease of the film. Hussey et al. v. Paramount Pictures Corp. et al., 24STCV03814 (L.S. Sup. Ct., filed Feb. 14, 2024).

"We just filed another SLAPP motion," Kim said.

And she is defending Lionsgate Entertainment Corp. against claims that the release of a horror-comedy film "The Blackening" infringes on copyrights held by the plaintiffs. The day before the release date Kim and the KBK team blocked the plaintiffs' request for a temporary restraining order to delay the release. Zahara Ariel LLC et al. v. Lionsgate Entertainment Corp. et al., 2:23-cv-01916 (S.D. Ohio, filed June 12, 2023).

"That's a tried-and-true gambit when the plaintiff wants a quick buck: Go for a TRO against the distributor. It's tiresome and it always plays out the same way. It only makes the burden greater for them."

-- John Roemer