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Derek H. Lim
Member
dlim@burnhambrown.com

Practice Expertise

  • Focuses on complex commercial litigation in both federal and state courts
  • Represents companies in commercial disputes and complex civil litigation, including business torts, breach of contract, intellectual property, transportation, employment, product and premises liability matters
  • Represents parties in all phases of litigation, including discovery, law and motion, and trial

Litigation

  • Experienced trial attorney.  Recently recorded two successful trial results:  In a catastrophic wrongful death trucking accident, Plaintiffs sought $4 million dollars at trial.  Following Burnham Brown's persuasive trial defense, Plaintiffs were awarded a combined total of $80,000.  Similarly, Mr. Lim represented a national retailer in a 4 week jury trial defending against claims of traumatic brain injury.  Plaintiff demanded $3 million dollars at trial.  Although Defendant stipulated to liability, Plaintiff was awarded only $261,100.00
  • Regularly handles commercial and business disputes involving breach of contract, business interruption, fraud, misrepresentations and unfair competition 
  • Experienced in representing members and officers against alter ego claims.  Recently obtained summary judgment in favor of a client facing breach of contract and alter ego claims and alleged damages in excess of $10 million dollars
  • Broad experience in the transportation arena and well versed in the Federal Motor Carrier Safety Regulations.  Successfully defended a national retail chain in a multi-million dollar wrongful death action, which raised issues of first impression with Court surrounding the interpretation of Federal Motor Carrier Safety Regulations.  In this matter, Mr. Lim prepared a successful motion for summary judgment that resulted in a complete dismissal of the action  (Alaubali v. Rite Aid, 2007 U.S. Dist. Lexis 81633)
  • In the area of intellectual property, Mr. Lim has represented clients in a variety of disputes including trademark and copyright matters.  Represented a publicly traded semiconductor packaging and test assembly firm in a dispute involving semiconductor chips and an industry-wide failure related to compounds manufactured by a foreign supplier
  • Counsels and represents companies in employment matters including discrimination, harassment and wage and hour claims

Advice & Counsel

  • Counsels and represents various entities including publicly traded companies, small businesses, contractors and transportation companies in business and employment matters

Professional Associations

  • Burnham Brown's Diversity Officer and a member of the Harmonie Group's transportation and diversity committees
  • Member of the State Bar of California, the Alameda County Bar Association, the American Bar Association, the Asian American Bar Association and the Transportation Lawyers Association
  • Mr. Lim was included in the 2012 list of Northern California's Rising Stars in the Business Litigation section
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