Kimberly E. Carson is Co-Chair of the firm’s Employment Litigation practice, a partner in Quinn Emanuel's New York office, and one of the firm's preeminent litigators in restrictive covenant and trade secret disputes.
Kimberly has handled countless cases all over the country involving corporate raids, employee movement, restrictive covenants, trade secret misappropriation, discrimination, harassment, retaliation, whistleblowers, founder breakups, and executive termination and compensation disputes. Kimberly has specialized expertise in restrictive covenant and trade secret litigation in particular, and has litigated several high-stakes, high-dollar cases involving the movement of large groups of employees between competitors and related IP issues. At any given time, she is handling over a dozen different employment matters across a variety of industries including technology, insurance, pharmaceuticals, banking and financial services, and commercial real estate, all over the country. Her experience spans both plaintiff and defense-side work. Her knowledge of the playbook on both sides of the "v." gives her unique strategic advantages; she anticipates and counters opposing strategies before they unfold.
Because employee movement cases often settle after an injunction hearing, Kimberly’s experience taking these kinds of cases all the way to arbitration or trial is rare. For example: Earlier this year, Kimberly litigated a JAMS arbitration on behalf of a wealth management firm suing departing financial advisors for breach of restrictive covenants and trade secret theft, resulting in an award of damages and permanent injunctive relief. Next, she has an upcoming FINRA arbitration defending a wealth management firm and group of financial advisors against breach of restrictive covenants, tort, and trade secret theft claims.
Kimberly also has extensive experience at the injunctive relief stage. For example: Last year, Kimberly was recognized as a Runner Up by ALM | Law.com in their ‘Litigator of the Week’ roundup for securing a critical defense-side win for supply chain management software company Optilogic against industry giants. Prior to that, she led a team in defeating a bet-the-company PI application in Delaware federal court. Kimberly was also instrumental in obtaining injunctive relief in the Delaware Court of Chancery in an expedited plaintiff-side case involving a 20-employee move described by AmLaw Litigation Daily as the "Worst (Non-Lawyer) Lateral Acquisition Ever."
Kimberly also has significant experience litigating issues concerning California’s employee mobility laws, including serving as counsel in a cutting-edge matter for Fanatics regarding California’s recent non-compete statutes.
Kimberly’s work is not limited to the courtroom. She counsels on crisis management, advises on risk management in key hires and departures, conducts internal investigations, and negotiates separation agreements. Some of her most consequential work occurs before litigation begins, where her experience allows her to make early strategic decisions that determine favorable outcomes of crucial disputes.
Kimberly is a recognized thought leader in employment, restrictive covenant, and related IP litigation, and she is regularly invited to present on trends at top industry conferences each year.
In addition to her employment practice, Kimberly has experience representing both plaintiffs and defendants in a wide range of other complex commercial disputes, including busted deal and M&A litigation. For example, she was a key member of the trial team that represented Mirae Asset in litigation in the Delaware Court of Chancery arising out of the COVID-era termination of a $5.8 billion M&A transaction involving the purchase of 15 luxury hotels, resulting in a complete buyer-side victory.
Kim has been recognized by Super Lawyers Rising Stars (2020–2025) and by The Legal 500 Rising Stars for Dispute Resolution: General Commercial Disputes (2021).
Prior to joining the Firm, Kimberly served as a legal intern to both the Honorable Richard M. Berman, United States District Court for the Southern District of New York, and the United States Attorney’s Office for the Southern District of New York. During law school, Kimberly served as an editor of the Urban Law Journal at Fordham University School of Law, where she graduated with honors.
- Accenture
- AIG
- Alvarez & Marsal
- Aon
- Aquarian Holdings
- Brookfield
- Bristol Myers Squibb
- Capco
- CARROLL
- Celgene Corporation
- Corient Services
- CBRE
- EFG Capital
- Erebor
- Fanatics
- FirstEnergy
- Fiserv
- GIC
- Handshake
- IBM
- Juno Therapeutics
- KKR
- Lockton
- LVMH
- Mirae Asset
- Moelis
- Optilogic
- Parella Weinberg
- Pinion
- Polaris
- Prime Capital
- RayzeBio
- Sixth Street
- Squarepoint
- Texas Capital Bank
- Verita Global
- Vinmar
- Western Asset
- Representing retail executive in founders dispute with partners and investors.
- Representing insurance company in defense-side trade secret and tort action in Forida federal court.
- Representing financial services company in confidential FINRA arbitrations defending against claims brought by former employer of new hires related to their movement.
- Representing software company and founder in intellectual property, copyright, trade secret, restrictive covenant, and fiduciary duty dispute with former company. Successfully opposed (defense side) preliminary injunction application.
- Represented wealth management firm in a restrictive covenant and trade secret case brought in JAMS arbitration against a departing partner and wealth advisor who moved to a competitor, resulting in award of damages and permanent injunctive relief.
- Represented AIG in restrictive covenant and trade secret lawsuit against Dellwood and former AIG executives.
- Represented Texas Capital Securities and senior executive in restrictive covenant and trade secret matter against B. Riley involving California’s restrictive covenant laws.
- Represented e-commerce company in a federal whistleblower lawsuit brought by a former executive; resolved prior to trial.
- Represented Fanatics and senior executive in restrictive covenant litigation against DraftKings involving California’s restrictive covenant laws; resolved prior to trial.
- Represented American Achievement Corp., Taylor Publishing Company, and Commemorative Brands in Minnesota federal court action against competitor involving large-scale employee movement and allegations of breach of restrictive covenants and trade secret misappropriation.
- Represented Regor Therapeutics and former Pfizer employees, in action brought by Pfizer in Connecticut federal court, involving claims of trade secret misappropriation, breach of fiduciary duty, and unfair and deceptive trade practices; resolved prior to trial.
- Represented group of investment banker-employees in confidential FINRA arbitration, defending against claims brought by former employer related to their movement to another company; obtained favorable resolution.
- Represented Aon in litigation in Miami state court against its competitor, Marsh, arising out of Marsh’s hiring of Aon personnel involving claims for breach of restrictive covenants and misappropriation of trade secrets; obtained a stipulated injunction.
- Represented Lockton in litigation in the Delaware Court of Chancery against its competitor, Alliant Insurance Services, arising out of Alliant's raid of Lockton personnel in breach of restrictive covenants and misappropriation of trade secrets; following expedited proceedings, obtained a significant preliminary injunction.
- Has represented countless other clients in confidential and/or pre-litigation employment matters, including, for example, senior executive in consulting firm whistleblower matter, startup founder and CEO in termination dispute, financial services firm in restrictive covenant dispute, real estate investment firm in executive departure dispute, and technology corporation in employee movement matters.
- Represented Mirae Asset in litigation in the Delaware Court of Chancery arising out of the termination of a $5.8 billion M&A transaction involving the purchase of 15 luxury hotels; following a full trial on the merits, obtained a buyer-side victory for Mirae Asset, including on grounds of ordinary course covenant breach, with the Court denying specific performance and other relief sought by the seller, and awarding Mirae Asset the return of its $581.7 million deposit, $3.685 million in transaction expenses, plus attorneys’ fees and costs; affirmed on appeal.
- Represented GIC in litigation in the Delaware Court of Chancery arising out of the termination of an M&A transaction involving the purchase of a stake in AmEx Global Business Travel.
- Represented Bristol Myers Squibb Company, Celgene Corporation, and Juno Therapeutics in licensing agreement dispute in New York federal court, adverse to Memorial Sloan Kettering and Eureka Therapeutics.
- Represented Aon Investments in New York federal court action brought by health insurers’ pension funds, involving claims related to investment losses in the collapsed Allianz Global Investors Structured Alpha funds.
- Represented a senior banking executive against The Bank of New York Mellon Corporation, Alcentra NY, LLC, and Alcentra Limited, in whistleblower litigation in the Southern District of New York involving claims of retaliation in violation of the Sarbanes-Oxley Act; resolved after claims survived motion to dismiss.
- First-chaired a confidential JAMS arbitration concerning a breach of contract dispute; obtained favorable post-hearing ruling.
- Represented Sixth Street and Golub Capital in expedited litigation in Delaware arising from combination of Neuberger Berman’s Dyal Capital business with Owl Rock.
- Represented junior noteholders seeking dismissal of an involuntary bankruptcy case filed against a collateralized debt obligation, Taberna Preferred Funding IV, by senior noteholders; following 5 days of trial in Bankruptcy Court in the Southern District of New York, the Firm moved for judgment as a matter of law and obtained dismissal of the involuntary case.
- Represented funds involved in renewable energy projects in Latin America in connection with a failed $733 million deal; achieved a favorable settlement through arbitration and a freezing order in aid of arbitration obtained in New York State Supreme Court.
- Represented an industrialist in defending claims of aiding and abetting breach of fiduciary duty, unjust enrichment, and conversion, in a lawsuit that sought over $1 billion in connection with the sale of a business; obtained dismissal of all claims before trial. Defended related breach of contract, joint venture, fiduciary duty, and fraud claims lawsuit seeking over $2 billion; obtained dismissal of all claims on summary judgment.
- Represented Beam Suntory in federal litigation relating to the termination of a supply contract for whiskey, against a claim for over $100 million in damages; after 2 years of litigation, the opposing party agreed to dismiss the case with prejudice, with no payment made by Beam Suntory.
- Represented GW Holdings in a contract dispute related to its acquisition of 5 fracking companies; obtained a favorable settlement before trial in the Southern District of New York.
- Represented American International Group in a fraud action against Bank of America and Countrywide arising out of misrepresentations made in connection with the sale of residential mortgage-backed securities; obtained a $650 million settlement.
- Represented an electric utility in confidential AAA arbitrations concerning long-term coal transportation contracts with national railroads and force majeure issues related to environmental regulations.
- Represented multiple investment funds in suits against underwriters for selling SunEdison securities pursuant to false and misleading offering materials in violation of federal and state securities laws.
- Represented professional models in New York State Supreme Court actions against several of the largest modelling agencies, alleging that the agencies systematically withheld payments due to the models, including for use of their images, and failed to abide by New York labor law.
- Copyright Litigation
- Corporate Governance Litigation
- Crisis Law & Strategy Group
- Data Privacy & Security
- Delaware Practice
- Domestic U.S. Arbitration
- Employment Litigation
- Insurance & Reinsurance Litigation
- Litigation Representing Plaintiffs
- Mergers & Acquisitions Litigation
- Sexual Harassment & Employment Discrimination
- Partnership and Founders Dispute Litigation
- Trade Secret Litigation
- Fordham University School of Law
(J.D., cum laude, 2012)- Dean's List
- Saint Louis University, Madrid, Spain Campus
(B.A., summa cum laude, Political Science, 2009)
- Dean's List
- The State Bar of New York
- United States District Court:
- Southern District of New York
- Northern District of New York
- Spanish
- Named in AmLaw’s "Litigators of the Week" as Runner Up, 2025
- Selected to SuperLawyers Rising Stars, 2020-2025
- Selected to The Legal 500 Rising Stars for Dispute Resolution: General Commercial Disputes, 2021
- PLII Fundamentals and Noncompetes 2026, Panel on “Key Considerations in Restrictive Covenant Litigation in 2026” (Apr. 21, 2026)
- Sandpiper Partners’ 9th Annual Conference on “Trade Secrets, Non-Competes and Other Competitive Restrictions—The Latest Word!,” Panel on "Trade Secrets in the Courtroom: Civil Litigation and Damages: (Mar. 11, 2026)
- New York City Bar "Trade Secrets Symposium 2026: Navigating the Law of Trade Secrets and Restrictive Covenants" Conference, Panel on "Ethical issues in Trade Secret Cases" (Feb. 20, 2026)
- PLI “Noncompetes and Restrictive Covenants 2025: An In-Depth Look Into What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Needs to Know” Conference, Panel on “Managing the Key Stages of the Case: Seeking or Defending Against TROs and Preliminary Injunctions” (Sept. 18, 2025)
- American Intellectual Property Law Association’s Trade Secret Summit, Panel on “Trade Secret Acquisition vs. Use When Seeking Expedited Relief” (Mar. 27, 2025)
- Massachusetts Continuing Legal Education MCLE, Panel on “Snapshot of the New Noncompete Landscape Now” (Mar. 5, 2025)
- 10th Annual NYC Bar Association Employment Law Institute, Panel on “Plenary Session: Ethics Issues in Employment-Related Trade Secret Cases” (Mar. 7, 2025)
- NYC Bar Association Trade Secrets Symposium, Panel on “Ethical Issues in Trade Secret Cases” (Dec. 10, 2024)
- PLI “Noncompetes and Restrictive Covenants: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know” Conference, Panel on “Managing the Key Stage of the Case: Secrets to Seeking or Defending Against TROs and Preliminary Injunction” (Sept. 16, 2024)
- ABA Business Law Fall Meeting, Panel on the “Evolving Issues in Noncompete Agreements” (Sept. 12, 2024)
- Explaining the FTC’s Nationwide Ban on Non-Competes - Law, disrupted podcast (May 23, 2024)
- What Employers Should Know About The FTC's New Non-Compete Ban (May 6, 2024)
- Bloomberg Law: CZ Is Going to Prison & Trump Trial Day 5 - Bloomberg (April 20, 2024)
- NYC Bar Association Trade Secrets Symposium, Panel on “Ethical Issues in Trade Secret Cases” (Dec. 12, 2023)
- "Navigating The Law of Trade Secrets" Webinar, Panel on "Ethical Issues in Trade Secret Cases" (Dec. 13, 2022)
- Employment Law Institute 2022, Panel on Recent Developments in the New York Law on Non-Competes (March 4, 2022)
- Ordinary Course in Extraordinary Times (December 23, 2020)
- Report from the Front Lines: COVID-19 M&A Litigation in Delaware (October 23, 2020)
- U.S. Outlook: Top Questions About Civil Litigation Amid Coronavirus Outbreak (March 27, 2020)
- Shift to Remote Civil Litigation Amid the Coronavirus Outbreak (April 10, 2020)
- Member, the Fordham Law Alumni Association
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