Bio

Kimberly B. Herman is a partner in the Corporate Department of our Boston office and leader of the firm’s Intellectual Property Group and Media and Entertainment practice. Kim’s practice spans the United States, Europe and the Middle East and emphasizes the law and business of intellectual property. In particular, her practice focuses on structuring and negotiating complex commercial transactions dealing with media and entertainment (including representation of clients in the news, documentary, motion picture and cable network industries), First Amendment and privacy issues, gaming, sanctioned gambling and e-sports, software, music and art on behalf of leading media, entertainment, technology and consumer-products companies, as well as filmmakers, project financiers, artists, museums and art galleries. This representation extends to Kim assisting her clients in exploiting their brands, content and programming into different markets and entertainment distribution platforms through a variety of licensing, merchandising, publishing, sponsorship, agency and endorsement deals. Kim conducts audits and provides strategic counseling to assist clients in identifying, protecting and exploiting key intellectual property assets and represents clients in a wide variety of trademark and copyright enforcement and defense matters. In addition, she advises clients in responding to claims of infringement of adversely held trademarks and copyrights, prepares and responds to cease and desist letters regarding the same, and provides advice on litigation, litigation settlements and mediation. Kim was recently ranked in World Trademark Review 1000, The World’s Leading Trademark Professionals. She was described as “incredibly responsive” and “always looking out for your company’s interest.” 2018 marks the fourth consecutive year Kim has been named. Kim successfully represented the estate of a world-renowned Israeli artist Menashe Kadishman in a copyright infringement dispute against a global television network for its unauthorized use of the artist’s magnum opus Shalekhet (Fallen Leaves) in the network’s wildly popular television series. She also represents street artists in connection with misappropriation of their works by big businesses, including evaluation of whether the Visual Artists Rights Act may offer protection. She also recently settled a copyright dispute against NBCUniversal for its use of her client’s recognized street art in a popular television series. Kim represents a number of well-known film directors, including Oscar winner Errol Morris, with respect to film copyright clearance and title matters. In addition, she represents investors and filmmakers in connection with the adaptation of books into feature films. Kim represents a rights holder in connection with the works of master mystery writer John Bellairs.