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Profile Picture

Thomas J. Kim

Thomas
Kim

Partner

CONTACT INFO

tkim@gibsondunn.com

TEL:+1 202.887.3550

FAX:+1 202.530.9605

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

Securities Regulation and Corporate Governance Capital Markets Executive Compensation and Employee Benefits FinTech and Digital Assets Global Financial Regulatory Mergers and Acquisitions Private Equity Securities Enforcement Securities Litigation White Collar Defense and Investigations

BIOGRAPHY

Thomas J. Kim is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP, where he is a member of the firm’s Securities Regulation and Corporate Governance Practice Group.  Mr. Kim focuses his practice on a broad range of SEC disclosure and regulatory matters, including capital raising and tender offer transactions and shareholder activist situations, as well as corporate governance, environmental social governance and compliance issues.  He also advises clients on SEC enforcement investigations – as well as boards of directors and independent board committees on internal investigations – involving disclosure, registration, corporate governance and auditor independence issues.

Mr. Kim has extensive experience handling regulatory matters for companies with the SEC, including obtaining no-action and exemptive relief, interpretive guidance and waivers, and responding to disclosures and financial statement reviews by the Division of Corporation Finance.

Mr. Kim served at the SEC for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance, and for one year as Counsel to the Chairman.

As Chief Counsel, Mr. Kim was responsible for the Division’s no-action, interpretive and exemptive positions.  He also led several rulemaking initiatives including eliminating the prohibition on general solicitation in Rule 506 and Rule 144A offerings, the concept release on the U.S. proxy system, and the interpretive release on the use of company websites.  In recent years, because of his SEC experience on the question of what is a security, he has advised many cryptocurrency companies on whether their particular digital assets constitute securities.

Before joining Gibson Dunn, Mr. Kim was a partner with Sidley Austin LLP.  Prior to his tenure at the SEC, Mr. Kim served as Corporate and Securities Counsel for General Electric.

Mr. Kim has been recognized by Chambers USA in the Securities Regulation: Advisory category since 2015.  He is also recognized by The Best Lawyers in America®, Who’s Who Legal, and the NACD Directorship 100 and is a Fellow of the American College of Governance Counsel.  Mr. Kim is the Chair of the Northwestern Pritzker Law School’s Annual Securities Regulation Institute.  He also chairs the ABA’s Securities Law Opinions Subcommittee of the Federal Regulation of Securities Committee.  As a past member of the ABA’s Committee on Corporate Laws, he edited two editions of the ABA’s Corporate Director’s Guidebook.

EDUCATION

Harvard University - 1995 Juris Doctor

Yale University - 1991 Bachelor of Arts

ADMISSIONS

District of Columbia Bar

New York Bar

RECENT PUBLICATIONS

Client Alert - January 9, 2023 | Considerations for Preparing Your 2022 Form 10‑K
Client Alert - December 16, 2022 | SEC Approves New Insider Trading Rules
Webcasts - December 15, 2022 | Webcast: 2022 Capital Markets in Review and 2023 Outlook
Webcasts - December 5, 2022 | Webcast: Considerations for Preparing Your 2022 Form 10-K
Client Alert - November 28, 2022 | Rule 10b5-1: Change Is Coming to the Insider Trading Regime – Or Is It Already Here?
Firm News - October 7, 2022 | Expert Guides Best of the Best United States 2022 Recognizes Ten Gibson Dunn Partners
Firm News - October 6, 2022 | Thirty-Nine Gibson Dunn Partners Recognized in Banking, Finance and Transactional Expert Guide 2022
Client Alert - August 29, 2022 | SEC Releases Final Pay Versus Performance Rules
Client Alert - July 22, 2022 | Update on Changes in SEC Commissioners
Client Alert - July 11, 2022 | Shareholder Proposal Developments During the 2022 Proxy Season
Firm News - June 1, 2022 | Gibson Dunn Earns 101 Top-Tier Rankings in Chambers USA 2022
Webcasts - April 21, 2022 | Webcast: Understanding the SEC Rule Proposal on Climate Change Disclosure
Client Alert - April 15, 2022 | Summary of and Considerations Regarding the SEC’s Proposed Rules on Climate Change Disclosure
Client Alert - March 11, 2022 | SEC Proposes Rules on Cybersecurity Disclosure
Client Alert - March 10, 2022 | The Biden Administration’s Digital Assets Executive Order and Its Implications
Client Alert - January 21, 2022 | Considerations for Preparing Your 2021 Form 10-K
Client Alert - December 23, 2021 | SEC Proposes Rules on Insider Trading, Rule 10b5-1 and Share Repurchases
Webcasts - December 14, 2021 | Webcast: 2021 Capital Markets in Review and 2022 Outlook
Webcasts - December 2, 2021 | Webcast: Global Regulatory Developments and What to Expect Across the Globe (Asia Pacific)
Webcasts - November 30, 2021 | Webcast: Global Regulatory Developments and What to Expect Across the Globe (US/UK/EU)
Client Alert - November 10, 2021 | Discussing Human Capital: A Survey of the S&P 500’s Compliance with the New SEC Disclosure Requirement One Year After Adoption
Client Alert - November 5, 2021 | The Pendulum Swings (Far): SEC Staff Issues New Guidance on Shareholder Proposals
Firm News - October 7, 2021 | Thirty-Eight Gibson Dunn Partners Recognized in Banking, Finance and Transactional Expert Guide
Client Alert - September 20, 2021 | SEC Staff Scrutiny of Climate Change Disclosures Has Arrived: What to Expect and How to Respond
Client Alert - August 23, 2021 | SEC Settlement Reflects Increasing SEC Focus on Cyber Disclosures
Client Alert - August 19, 2021 | Shareholder Proposal Developments During the 2021 Proxy Season
Client Alert - July 14, 2021 | SEC Fires Shot Across the Bow of SPACs
Client Alert - June 21, 2021 | Back to the Future: SEC Chair Announces Spring 2021 Reg Flex Agenda
Firm News - May 20, 2021 | Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021
Client Alert - March 16, 2021 | SEC Chair Lays Out a Climate- and ESG-Oriented Agenda and Calls for Comments on Mandatory Climate-Related Disclosure Rules
Client Alert - March 1, 2021 | Considerations for Climate Change Disclosures in SEC Reports
Webcasts - February 23, 2021 | Webcast: Challenges in Compliance and Corporate Governance
Client Alert - February 3, 2021 | Considerations for Preparing Your 2020 Form 10-K
Client Alert - December 7, 2020 | SEC Brings First Enforcement Action Against a Public Company for Misleading Disclosures About the Financial Impacts of the Pandemic
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