Joshua S. Lim

Joshua S. Lim

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Practice Areas

  • Employment Law
  • Business Litigation
  • Family Law
Seoung (Joshua) Y. Lim
Rated by Super Lawyers


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Biography

A partner in Kim, Cho & Lim, LLC, which serves New York and New Jersey, Joshua Lim focuses his practice on business litigation, including business fraud, and shareholder disputes. He also assists clients in litigating alleged violations of the Fair Labor Standards Act, Title VII of the Civil Rights Act, employment discrimination and New Jersey wage and hour statutes. Mr. Lim also represents clients in adversarial proceedings as part of bankruptcy litigation. He has successfully helped a number of clients obtain six figure verdicts and settlements, won copyright infringement cases and assisted corporate clients with successfully defending claims against them.

Before becoming a part of the firm, Mr. Lim graduated from the University of California at Berkeley with a high honors. He then went on to obtain his Juris Doctor from the University of Minnesota Law School, where he was listed on the dean's list.

In addition to his practice, Mr. Lim also serves as a member of the New Jersey State and Bergen County bar associations and New Jersey Association for Justice. He is also a graduate of the Justice Morris Pashman American Inn of Court. Mr. Lim's knowledge and experience in business litigation has also been recognized by the Superior Court of New Jersey, which has appointed him to serve as a special fiscal agent as a part of complex business litigation on two separate occasions. Additionally, he has been selected by the Judges in New York and New Jersey to serve as arbitrator in complex commercial litigations. Having been recognized for his accomplishments in Court, he has been selected to be one of the Top 100 trial lawyers by the National Trial Lawyers Association in the areas of civil litigation. Mr. Lim had his honor of being listed among the Rising Stars in 2014 and being named to the Super Lawyers list in 2020 & 2021.

Mr. Lim assists clients in New Jersey and New York. He is licensed to practice law in the state courts of New York and New Jersey and before the U.S. District Courts for the Eastern and Southern Districts of New York and the District of New Jersey. He is also admitted to practice before the U.S. Court of Appeals for the 2nd and the 3rd Circuit.

• Appointed by the Supreme Court of New Jersey to serve on New Jersey Fitness and Character Committee
• Appointed by the Supreme Court of New Jersey to serve on the State Wide Panel of the Character and Fitness Committee.
 

Bar Admission

  • New Jersey
  • New York
  • U.S. District Court District of New Jersey
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • United States Court of Appeals for the Third Circuit

Education

  • University of Minnesota Law School, Minneapolis, Minnesota
    • Honors: Dean's List
  • University of California at Berkeley, Berkeley, California
    • Honors: With High Honors

Professional Associations

  • Justice Morrison Pashman American Inn of Court
  • New Jersey Association for Justice Inc.
  • New Jersey State Bar Association
  • Bergen County Bar Association
  • Appointed by the Supreme Court of New Jersey to serve on New Jersey Fitness and Character Committee
  • Appointed by the Supreme Court of New Jersey to serve on the State Wide Panel of the Character and Fitness Committee.

Honors/Awards

  • Included in the Super Lawyers Rising Stars Business Litigation list
  • Selected to the Super Lawyers Business Litigation list in 2014, 2020, 2021 & 2022
  • Selected to top 100 the National Trial Lawyers in 2017, 2018, and 2019
  • Top 40 under 40, The National Trial Lawyers
  • Rue Ratings Best Attorneys of America
  • Top 10 Wage and Hour Trial Lawyers
  • Top 10 Business Tort Trial Lawyers
  • Selected to Fellow of the LCA (Litigation Counsel of America) in 2021. Fellowship in the LCA is highly selective and by invitation only. LCA is a trial lawyer honorary society whose membership is limited to less than one-half of one percent of North American lawyers, Judges and scholars.

Representative Clients

  • LG Household
  • GFA, Inc.
  • Pantos Logistics
  • EBIN New York, Inc.
  • BK House

Verdicts/Settlements

  • Successfully litigated a matter where client’s real estate property was falsely encumbered by major lending institutions by promptly obtaining court orders to remove all such liens from the property.
  • Successfully represented a multi-million dollar garment company in a matter where several former employees during the course of their employment jointly stole and diverted the company’s trade secrets and proprietary confidential information in a scheme to establish a competing entity. The client obtained a six figure monetary compensation and, as part of settlement, the employees were required to publish their written apologies in a local newspaper regarding their wrongdoings.
  • Successfully represented a minority shareholder in a shareholder dispute by obtaining a preliminary injunction against the majority shareholder. As part of settlement, the client -minority shareholder- took over the company without paying any money to the majority shareholder.
  • Successfully represented a corporate client in its claim against its former employee who joined a competing entity in violation of their restrictive covenants by obtaining a preliminary injunction order against the employee and the competing entity.
  • Successfully defended a corporate client who was initially exposed to over $400,000 in liability. As a result of aggressive defense, the client settled the matter by paying only less than 1/4 of the amount demanded
  • Successfully defended an individual client in a matter where plaintiff demanded over $700,000 from client in compensation under the claim of negligence by dismissing the entire claim at trial.
  • Successfully represented a shareholder in a corporation by obtaining a six figure verdict at trial under the claim of conversion.
  • Appointed by the Superior Court of New Jersey to serve as a special fiscal agent twice in complex business litigations.
  • Successfully represented several employees in federal district courts against corporations who were not paid for their overtime premiums and obtained monetary settlements.
  • Successfully secured a $200,000 monetary judgment against a corporation and individuals for having defamed our client and its business under the theories of commercial defamation and civil conspiracy.
  • Successfully prosecuted a copyright infringement case against a company by obtaining an order to shut down the company’s illegal operation for a period of time.
  • Successfully defended a corporate client in a commercial foreclosure action by defeating the plaintiff’s motion to appoint a rent receiver. Thereafter, the parties settled under the terms that client demanded.
  • Successfully represented a restaurant employee in New York federal court and secured a six figure settlement.
  • Successfully represented an employee in his wage and hour claim against a national food company and obtained a six figure settlement.
  • Successfully represented an employee in a sexual harassment case and secured a six figure settlement.
  • Successfully represented a client against a financial institution in settlement for $500,000 under the theory of negligence.
  • Successfully prosecuted several sexual harassment claims all resulting in six figure settlements.
  • Represented a corporate client who got sued by an international law firm for fraudulent transfer. Upon retention of the case, Mr. Lim undertook investigation of the claims and eventually served a frivolous litigation notice along with the facts we discovered. Upon service of the notice, the claims were dismissed immediately.
  • Represented an individual client who got sued in NY state court for wage and hour violations where the plaintiff sought hundreds of thousands of dollars in damages. She later filed bankruptcy chapter 7 but plaintiff’s counsel filed an adversarial proceeding against her to lift stay. Upon investigating the claims, Mr. Lim served Rule 11 sanction motion upon plaintiff’s counsel. Shortly thereafter, Plaintiff voluntarily dismissed the claims against her in the federal adversarial proceeding and the state court. The claims against her in both courts were dismissed with no litigation.
  • Represented a minority shareholder in a multimillion deli business in NY who got oppressed by the other shareholders. He could not access the store, nor did he take any salary from it. He initially had two other counsel who did not accomplish anything for six months and then retained our firm. As soon as Mr. Lim got retained, he filed OTSC seeking a number of reliefs, all of which were granted by the trial Judge. Then, in a matter of three months, Mr. Lim secured a settlement for 2.3 million dollars.
  • Represented a corporation and its principal that got sued for assault and tortious interference among other things. Mr. Lim filed a counterclaim against the Plaintiffs for tortious interference. After aggressively conducting discovery, Mr. Lim secured a settlement where the client paid no money to the Plaintiffs whatsoever. In addition, Mr. Lim was able to have the Plaintiffs sign a statement that completely reflects the client’s wishes, which is to have the Plaintiffs acknowledge and apologize for what they did wrong. It was a great result for the clients.
  • Represented a client who was charged with a felony for fraud in a while collar crime. Mr. Lim submitted evidence to the state prosecutor to convince him to downgrade the charge to misdemeanor. After the state prosecutor downgraded the charge, Mr. Lim further convinced the municipal prosecutor to ultimately dismiss the charge with prejudice for lack of evidence.
  • Prevailed on a summary judgment motion against a well known local restaurant in NY and its owner for breach of contract in the amount of $391.928.00 with interest accruing at the rate of 9% from December 24, 2019 which equals to $440,000. In this summary judgment motion, Mr. Lim dismissed all their counterclaims with prejudice.
  • Represented a commercial tenant against the landlord in a case involving claims, such as fraud, unjust enrichment, conversion based on a provision in the lease that the landlord could only charge its tenants “actual expenses” she incurred in providing service for the common area. Mr. Lim demanded accounting, which the landlord refused. As a result, he filed a claim and obtained a judgment in the amount of $134,520.65 against the landlord.
  • Represented a member of Buddhist Temple in connection with an Order to Show Cause whereby he sought to enjoin a religious leader from being involved in the corporate governance and financial management of the Temple. All reliefs sought in the Order to Show Cause were granted.
  • Represented a mom (intervenor in a pending divorce action) who allegedly gifted $140,000 to her daughter when she got married and later bought a house with her husband. The house was purchased under the husband’s name. At the time of divorce, the husband claimed it was a gift, and therefore, her mom is not entitled to the money back. Under the existing law and the circumstances, it was very difficult to argue that the money was not a gift, but a loan. When Mr. Lim intervened in the case, the Judge seemed to be already leaning on the side of the husband who claimed that it was a gift, not a loan, in which case, mom would not receive any money back. As soon as Mr. Lim intervened, he presented new evidence and argued why it was not a gift. Shortly thereafter, the parties settled in a way that mom received $120,000 and her daughter received 50% of the remaining $20,000. Ultimately, mom and her daughter recovered the vast majority of the $140,000.
  • Represented a CPA firm where a former partner secretly took some files containing trade secrets and proprietary information and set up a competing firm. In doing so, she also solicited some high-profile clients from the client. Mr. Lim immediately filed Order to Show Cause. As soon as the OTSC was filed against her, she admitted to her wrongdoing and settled the matter. The stolen clients were returned, the files she secretly took were restored, she agreed not to solicit any of our client’s clients for the next five years, and she agreed to pay part of our client’s legal fees. The entire matter was resolved within a few weeks from the time we discovered her wrongdoing.
  • Represented a doctor who got sued for emotional distress sounding in a palimony claim seeking several hundred thousand dollars. Mr. Lim dismissed the claim by filing a dispositive motion.
  • Represented an individual client in a copyright violation case in Eastern Federal District of New York where multiple defendants are sued. After serving a Rule 11 sanction motion against the Plaintiff and conducting limited discovery, Plaintiff voluntarily dismissed the case against the client.
  • Our corporate client was sued for a breach of contract by a foreign company represented by an international firm, seeking over 3 million dollars in damages. After more than 14 months of litigation, Mr. Lim settled the case for $5,000.
  • Represented a client who was sued by his ex-girlfriend for personal injury claims sounding in defamation and filed a pre Answer motion to dismiss. The motion was granted.
  • Represented a client who has not received nearly $200,000 worth of assets from the divorce which was consummated almost 17 years ago. With the exchange of two letters, Mr. Lim successfully secured an agreement where she could receive nearly $200,000 in marital assets.
  • Represented a corporate defendant who got sued for allegedly breaching a contract in connection with the sale of commercial property nearing 2 million in value. After deposing the attorney who represented the buyer, Mr. Lim dismissed all claims by arguing that the contract in question was illegal, and therefore, unenforceable. Mr. Lim also argued that the buyer elected to terminate the contract, and therefore, the contract no longer existed and cannot be breached. Plaintiff’ counsel voluntarily dismissed all claims after the deposition.
  • Represented a commercial tenant who had a lease agreement where the landlord was supposed to be responsible for the noise emanating from another tenant in the building. This matter was arbitrated by a Retired Judge. In the course of arbitration, Mr. Lim obtained a decision that is worth close to $200,000 in monetary damages, including counsel fees. In issuing the arbitration decision dated January 17 2020, the arbitrator, referring to Mr. Lim, wrote, “my experience as a lawyer, Judge, mediator and arbitrator, has not uncovered another case where a tenant achieved so much”.

Classes & Seminars

  • Title VII compliance and Labor Law, NYKOCHAM, 2014 to 2018
  • Employment Law, KOTRA
  • Fair Labor Standards Act, KJKACC, 2014 to 2015
  • Federal Wage and Hour Compliance, CPA Association, 2015 to 2015

Languages

  • English
  • Korean