Bar Admissions

  • California

Court Admissions

  • California Supreme Court
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit

Education

  • J.D., University of California, Hastings College of the Law, 2005

    National Pace Environmental Law Moot Court Team

    Awards, Best Intervenor’s Brief and Best Team Overall

    National Evans Constitutional Law Moot Court Team    

    Awards, Best Petitioner’s Brief and Second Place Team Overall

    Witkin Award for Excellence in Trial Advocacy

  • B.A., with honors, University of California at Davis, 2001

Memberships

  • American Business Trial Lawyers

    Bar Association of San Francisco

    San Mateo County Bar Association

    San Francisco Lawyers' Club Inn of Court

    San Francisco Trial Lawyers' Association

    University of California Hastings College of the Law Board of Governors

T +1 415.653.3704
F +1 415.653.3755
 

Kimberly Culp

Counsel

Kimberly Culp works with digital media, video game, and consumer products companies to resolve their high-stakes intellectual property disputes. Even before a lawsuit is filed, Kimberly counsels her clients on risk management and pre-litigation disputes. She works with them to assess and manage risk in a wide variety of matters. She has advised clients on their advertising claims, privacy policies, terms of use, warranty claims, trademarks, trade secrets, and other general business matters.

When litigation has been necessary, Kimberly has successfully represented clients in state and federal courts in all aspects of litigation. She has been first chair in a trial before a state agency and served as second chair in jury trials, bench trials, at arbitration, and before state agencies.
In all aspects of her practice, Kimberly's focus is on reaching her client's strategic goals. She has successfully met those goals for early-stage companies with limited resources, and for mature companies operating on tight budgets.

Significant Litigation Matters

Trademark, Trade Dress, Patent, and False Advertising
  • Obtained complete victory in trademark dispute shortly after filing lawsuit for plaintiff.
  • For international brand, obtained favorable settlement and sanctions order against opposing counsel in trademark dispute.
  • For digital media company, successfully resolved dispute involving digital scraping before any lawsuit was filed.
  • For plaintiff consumer products start-up in trade dress action won a rapid and favorable settlement.
  • Represented online provider of college applications in patent and Lanham Act litigation in bench and jury trials.
  • For consumer products company successfully rebuffed claims of trademark infringement in pre-litigation dispute resolution, without any complaint being filed.
  • Specially advised trial team on false advertising jury instructions and briefing for Northern District of California false advertising trial.
  • Represented university system in patent litigation regarding medical device patent.
  • Represented medical device manufacturer in patent and Lanham Act litigation.

Trade Secrets, Unfair Competition, and Commercial Litigation
  • In multi-party dispute over trade secret misappropriation of video game concept, obtained favorable settlement for accused defendant.
  • Obtained a favorable settlement for a consumer products company involved in a trade secret dispute.
  • Following a bench trial in a limited liability company dispute involving interpretation of an operating agreement, settled favorably for client.
  • In breach of contract and fiduciary duties litigation with hundreds of millions of dollars at stake, obtained very favorable settlement for plaintiff on the eve of trial.
  • Obtained a favorable settlement on behalf of an executive accused of backdating stock options.
  • Represented a hardware start-up manufacturer in "bet-the-company" litigation alleging misappropriation of trade secrets and unfair competition. Obtained a complete dismissal of the suit and settlement of all claims.

Class Action Defense
  • Defending breach of warranty claims, won motion to strike class allegations against multi-national automobile manufacturer, which resulted in rapid and favorable settlement thereafter.
  • Defending advertising networks in class actions brought over e-mail advertising, and obtaining favorable settlements.
  • Defended multi-national brand in class action advertising dispute, which settled favorably before any discovery was exchanged.

Representative Appellate Matters
  • Won affirmation at Virginia Supreme Court of order denying records request from government body.
  • Won unanimous affirmation at the D.C. Circuit Court of Appeal that a Civil Investigative Demand was unenforceable. The decision represents the first time in decades that a federal appeals court has struck down an administrative subpoena issued by the federal government.
  • Won affirmation of jury verdict at a California Court of Appeal, following briefing and argument.
  • Won affirmation of a costs award at a California Court of Appeal, following briefing and argument.
  • Reversed district court order dismissing case at Ninth Circuit Court of Appeal.
  • Represented software manufacturer in copyright appeal at Ninth Circuit Court of Appeal.

Activities

Kimberly has a passion for helping others through pro bono work. She coordinates Venable's San Francisco office pro bono activities. Some of her victories include winning an appeal for a civil rights plaintiff before the Ninth Circuit, and winning a reversal on the wrongful withholding of a disabled senior's unemployment insurance before the Unemployment Insurance Appeal Board.