Withers

Litigation and Arbitration

Partner

Kimberly Pallen is a partner in the litigation and arbitration team and is the Office Managing Director of the San Francisco office.

Kimberly is a first-chair trial lawyer with a record of securing high-stakes victories in complex commercial disputes. She has led numerous matters through trial and arbitration, representing clients in complex, high-exposure disputes across California state and federal courts. Most notably, she served as lead trial counsel in a five-week Silicon Valley real estate fraud jury trial, securing a complete victory and a $23 million judgment—including $8 million in punitive damages—on behalf of a limited partnership and its investors. She also secured a headline trial win for cryptocurrency exchange Kraken in a wrongful termination case, a result recognized by the Daily Journal as one of the “Top Verdicts of 2024.”

Her practice focuses on complex civil litigation, including trade secret misappropriation, fraud, breach of contract, and fiduciary duty disputes. Kimberly is also at the forefront of emerging disputes in the digital asset and fintech sectors. She advises and represents leading participants in the blockchain and cryptocurrency ecosystem in litigation involving novel regulatory, employment, and commercial issues.

In addition, Kimberly maintains an art law practice, representing collectors, artists, dealers, appraisers, and auction houses in litigation and transactional matters. She has handled disputes involving authenticity, copyright, and secured lending. As lead counsel in a coordinated series of lawsuits, she successfully recovered damages for works by artists including Marc Chagall, Georgia O’Keeffe, and Jeff Koons that had been fraudulently conveyed following a gallery default. Kimberly is also deeply engaged in the San Francisco art community as the founder and Chair of the Bar Association of San Francisco’s Art Law Section.

Kimberly regularly handles employment litigation for both employers and employees, with experience in discrimination, harassment, retaliation, disability, and FMLA claims. She also advises on and litigates matters involving restrictive covenants, including non-competes, and non-solicitation and non-disparagement provisions.