Andrea Levin Kim

Location

Education

  • The University of Texas School of Law (J.D., 1996)
  • University of Texas Graduate Business School (M.B.A., Sord Scholar, Dean's Award, Highest Honors, 1996)
  • The University of Texas at Austin (B.B.A. in Accounting, Business Honors Program, High Honors, 1992)

Areas of Practice:

Admitted to Practice:

  • Texas
  • New York
  • U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • Practiced Pro Hac Vice in Arizona, California, Delaware, Illinois, Florida, and Nevada
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Andrea Levin Kim

Partner

(713) 333-5107

[email protected]

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Andrea Levin Kim is a partner in Diamond McCarthy’s Houston office. Her MBA and accounting background drive her national and international commercial investigation and litigation practice emphasis on corporate malfeasance and litigation involving complex financial transactions and damage modeling. Andrea is also a Certified Fraud Examiner as accredited by the Association of Certified Fraud Examiners. Certified examiners are recognized as specialists in the prevention and deterrence of fraud by virtue of education and experience as well as technical proficiency in the areas of law applicable to fraud detection and prosecution, forensic investigation and complex financial transactions.

She leads corporate and business, trust, and investment portfolio investigations, including retentions for both internal investigations and investigations to assess potential claims against fiduciaries and other third parties. 

She prosecutes and defends claims for public and privately held companies, domestic and international financial institutions, financial services-related companies, and bankruptcy trustees and creditors. Andrea’s experience encompasses a wide range of substantive litigation with special emphasis and expertise in director, officer and commercial professional liability, including accounting and audit malpractice and legal malpractice, as well as securities fraud disputes. She also litigates cross-border disputes and complex commercial matters involving multiple-party and multiple-venue litigation. 

Andrea is often quoted as an expert in audit malpractice, and is the author of several articles in the corporate commercial responsibility arena. She has led multiple significant audit malpractice cases against big-six/big-four accounting firms with successful confidential results. She served as co-lead counsel in the successful representation of a class of more than 1,000 investors and the court-appointed liquidators/trustees for joint protocol multiple-country bankruptcy estates in audit malpractice claims against a Big Four accounting firm that resulted in a successful recovery. 

She has also taught legal research and writing as an adjunct professor at the University of Houston Law School.

Andrea is licensed to practice law in Texas and New York is a member of the American Bar Association, the State Bar of Texas and the Houston Bar Association.  Andrea has been with Diamond McCarthy since the firm’s inception in 2000.

  • Lead investigator for $2+ billion public pension fund evaluating various investments and fiduciary performance;
  • Lead counsel in arbitration by post-bankruptcy trust on behalf of creditors against former CEO and president of oil and gas exploration and development company;
  • Lead counsel in investigating, prosecuting and settling claims against large regional auditing firm for audit failures related to an oil and gas producer’s misstated financials;
  • Lead counsel in investigating, prosecuting and settling claims against large regional auditing firm for audit failures associated with a full service clinical laboratory that provided comprehensive testing for cardiovascular disease and supported approximately 10,000  physicians nation wide;
  • Lead investigator for 100+ year old Texas family-owned business, investigating and preparing referral of case to the Dallas FBI and AUSA, which led to the successful prosecution of former controller who embezzled over $16 million;
  • Lead investigator for private mortgage investment funds that have been assigned to fiduciaries to manage for the benefit of creditors and trial counsel for claims against fund auditors;
  • Lead trial lawyer in successful defense jury verdict in dispute between two partnerships regarding fiduciary duty issues involving Section 42 Tax Credit Properties;
  • Lead lawyer in successful representation of several banks (including one of the world's largest international banks and the oldest banking interest in the United States) in several transfer and warranty claim cases arising out of check frauds that resulted in a favorable summary judgment in each case;
  • Lead trial lawyer in successful contingency representation of the trustee and bankruptcy estate of an LCD TV distributor in successful litigation against its auditors and other professionals;
  • Co-lead lawyer in successful representation of a class of more than 1,000 investors and court-appointed liquidators/trustees for joint protocol multiple country bankruptcy estates in audit malpractice claims against a Big Four accounting firm on a contingency basis, that resulted in a successful recovery;
  • Co-lead lawyer in successful representation of a large international bank, one of the largest agricultural lenders in the world, in litigation against directors and officers and various Big Four accounting firm auditors;
  • Litigation team member in successful representation of a Chapter 11 Trustee in one of the largest bankruptcy estates in U.S. history in accounting malpractice claims against a Big Four accounting firm, amidst claims against other professionals; and
  • Litigation team member in successful defense (summary judgment) of one of the continent's largest manufacturers of overhead and automatic doors in class action and shareholder derivative action claim.