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Biography

Kim is a corporate attorney with a focus on contract negotiation and intellectual property. Her practice spans the United States, Europe, Asia and the Middle East. Kim’s practice is varied and extensive and includes advising clients on numerous issues relating to licensing, copyrights, trademarks, patents and trade secrets. She also has specialized expertise in business strategy and negotiating in-bound and out-bound transactions and drafting related agreements for a wide range of commercial deals and litigation settlements in the media and entertainment, software (including open source, SaaS and business software platforms) and life sciences industries.

Kim is also well-versed in providing legal advice concerning the ever-changing state and federal laws applicable to online sports betting, online gambling and fantasy sports including the representation of a billion-dollar multi-national gaming and lottery services company in connection with its licensed content deals. Kim’s gaming clients include IGT, Bally’s Corporation and Novomatic.

On any given day, Kim may go from working on a film production agreement for a streaming platform in the morning to a clinical trial agreement for a life sciences or medical device company in the afternoon to evaluating state gaming regulations in the evening.

In the last few years, Kim has acted as the General Counsel for a Series D funded technology company Hydration Labs (Bevi, the bottle-less water dispenser that delivers personalized flavor) and most recently as the VP and Deputy General Counsel for Bally’s digital entertainment and technology division Bally’s Interactive, where she managed the legal function for Bally’s North American online sports betting business. At Bally's, Kim provided legal counsel concerning all regulatory and legal issues involving the company’s licensed and regulated product offerings, including supporting the company's compliance team on interpreting regulatory and licensing guidelines and communications with state regulators. Kim also managed a wide range of litigation and transactional matters for Bally's involving patents, copyrights, trademarks and brand content and was across many major league sports partnerships with the likes of the NBA, MLB, MiLB and the NHL. As a result, Kim has become well-versed in juggling the multitude of legal issues that GCs and other in-house counsel face on a daily basis. This experience has reinforced her ability to provide innovative and efficient solutions to her clients.

Kim currently serves as outside general counsel and main point of contact for Skillsright, Inc., a nonprofit coalition of the country’s top employers and their CEOs with a mission of driving a skills-first movement for a more equitable and inclusive future workforce. In 2020, Kim was a member of the Sullivan team that advised, along with longtime Sullivan client Bain & Company, on the non-profit’s formation, branding and launch.

In particular, Kim’s 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.

With respect to Kim’s work in the media and entertainment space, she reviews film and other content for distribution on all types of platforms including premium cable, streaming services such as Netflix and Hulu, film festivals, YouTube, Instagram, Facebook, Snapchat, websites and native video platforms. Kim works collaboratively with clients to provide tailored recommendations to reduce risk and overcome obstacles to publication. She drafts and reviews releases, licenses and permissions, and she issues copyright fair use opinions for insureds and others.

Kim also advises companies, content creators, advertising agencies, and technology platforms on the development, training, commercialization and governance of artificial intelligence systems, including AI-enabled recommendation engines, generative AI applications, data licensing, intellectual property ownership, copyright and trade secret protection, confidentiality, AI training datasets, and the use of historical creative and business intelligence to develop proprietary AI products.  

In addition to her broad media and entertainment practice, Kim provides strategic legal counsel tailored specifically to the music industry. She guides musicians and music publishers through complex licensing negotiations, master and sync agreements, publishing contracts, and royalty arrangements. Drawing on her deep expertise in intellectual property law, Kim helps clients safeguard their creative works, maximize revenue opportunities across formats and territories and navigate the interplay between rights, contracts and evolving distribution platforms.

Kim advises Sundial Media Group LLC, Refinery29 and its affiliates on pre-production review of online content, including social media posts, digital marketing campaigns and website materials.

Kim works with Sundial Media Group LLC in connection with its advertising campaigns in sectors from tech to tacos. Kim ensures compliance with intellectual property laws, advertising regulations and platform-specific guidelines, helping this client mitigate risks and safeguard its brand reputation.

Kim works closely with social media influencers and brands, providing guidance on influencer agreements, disclosures and compliance with Federal Trade Commission (FTC) guidelines. Her practice spans industries such as technology, entertainment, consumer goods and healthcare, where she provides practical solutions to navigate complex legal and regulatory landscapes in the fast-paced digital space.

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 is experienced in the unique challenges posed by Government Contracts that federal agencies routinely award such as Cooperative Research and Development Agreements (CRADAs) and Technology Transfer Agreements. She has significant experience negotiating these agreements and advising contracting companies on the risks involved and how to protect intellectual property. Selecting the right agreement isn’t a simple endeavor because it involves many factors including the nature of what the contracting party is supplying and how the Government will use it.

Kim also provides comprehensive guidance on managing cyber breach events, from preparation and response to recovery. She advises clients on navigating state, federal, and international breach notification requirements, regulatory reporting obligations, privacy compliance, and contractual reviews. Kim helps clients mitigate litigation risks and enhance compliance frameworks to recover and strengthen their resilience after an incident.

Kim has been ranked in World Trademark Review 1000, The World's Leading Trademark Professionals each year since 2015. Clients describe her as "incredibly responsive" and "always looking out for your company's interest." She has also been recognized in the WTR's Global Leaders Guide, which identifies the "best of the best" in trademark practice. In 2021, Kim was named a “Go To IP Lawyer” by Massachusetts Lawyers Weekly.

Kim is a guest speaker at Northeastern University in Boston, where she speaks on developments in intellectual property law, copyright, fair use and First Amendment issues. She completed the courses "Museums and the Law;" "Museum Exhibition Content Development;" "History of Museums;" and "Collections Management: Issues and Solutions" at Harvard University.

Education
  • Western New England College School of Law (J.D.)
  • Northeastern University (B.A., cum laude)
Bar & Court Admissions
  • Massachusetts
  • U.S. District Court, District of Massachusetts
  • United States Court of Appeals for the Federal Circuit
Professional Qualifications
  • Executive Committee, Riverside Community Care
  • Member, International Masters of Gaming Law
  • International Trademark Association
  • Computer Law Association
  • Massachusetts Bar Association
  • Boston Bar Association
  • Licensing Executives Society (U.S.A. and Canada), Inc.
  • International Association of Privacy Professionals (IAPP)
  • Academic Committee, International Trademark Association, 2010-2011
  • Member, American Intellectual Property Law Association (AIPLA)
Awards & Honors
  • World Trademark Review Global Leader (2024)
  • World Trademark Review 1000, The World's Leading Trademark Professionals (2015-2026)
  • Best Lawyers in America® (2024)
  • Boston Magazine Top Lawyers, Corporate Law (2021)
  • Boston Magazine Top Lawyers, Intellectual Property Rights (2025)
  • Massachusetts Lawyers Weekly, "Go To" Lawyer, Intellectual Property (2021)
  • World Trademark Review, Global Leaders Guide (2021)
Community Engagement
  • Board Member, Needham Steps Up
  • Executive Committee Board Member, Riverside Community Care, Inc.
Intellectual Property Group Earns Repeat Recognition in WTR 1000 Rankings
Boston, MA – Sullivan & Worcester LLP is pleased to announce that its Intellectual Property Group has once again been recognized in the 2026 edition of the World Trademark Review 1000: The World’s Leading Trademark Professionals (WTR 1000), a leading global directory that highlights top trademark practitioners and firms worldwide. Sullivan & Worcester earned a Bronze Band ranking for trademark prosecution and strategy. Michael Palmisciano received a Bronze Band ranking for prosecution and strategy in New York. Editorial Comments from WTR 1000 "A safe pair of hands for clients seeking high-level trademark strategy, Sullivan & Worcester delivers sharp guidance across all aspects of brand management, helping businesses confidently navigate domestic and international challenges." "Michael Palmisciano is a sought-after name housed at Sullivan & Worcester. 'Mike is very experienced and knowledgeable in trademark practice and is great at finding pragmatic solutions to achieve the best possible outcome for the client. His responsiveness and commercially strategic approach make him one of the best in the business.'” About Sullivan & Worcester Sullivan & Worcester (Sullivan) is a global, mid-sized law firm with lawyers in Boston, London, New York, Tel Aviv and Washington, D.C. Sullivan’s clients, including Fortune 500 companies, leading financial services firms and asset managers, boards of directors, real estate companies and emerging businesses, rely on Sullivan’s ability to navigate complex legal and operational landscapes, the impeccable judgment of its lawyers and its commitment to best‑in‑class client service.
Sullivan & Worcester Attorneys Named to 2025 Top Lawyers List by Boston Magazine
Boston, MA – Sullivan is proud to announce that a number of its attorneys were selected for inclusion in Boston magazine's 2025 Top Lawyers list. To compile the list, area lawyers were invited to nominate up to three of their peers in a select number of specialties. Those who received the most votes in each specialty were then reviewed by an advisory board of select lawyers, chosen for their credentials and the high number of votes they received. The Sullivan attorneys, recognized by specialty, are: Attorneys for Non-Profits Judith Edington Bankruptcy and Workout Patrick Dinardo Amy Zuccarello Civil Law Litigation Ryan Rosenblatt Commercial Real Estate Ashley Brooks Louis Monti John Steiner Spencer Stone Corporate Law Benjamin Armour Lewis Segall Labor and Employment Erika Todd Land Use/Environmental Gregory Sampson Securities Law Howard Berkenblit Tax Law Joel Carpenter Richard Jones David Nagle Ameek Ashok Ponda Trusts and Estates Maura Carney Steven Cunningham About Sullivan Sullivan & Worcester (Sullivan) is a global, mid-sized law firm with lawyers in Boston, London, New York, Tel Aviv and Washington, D.C. Sullivan’s clients, including Fortune 500 companies, leading financial services firms and asset managers, boards of directors, real estate companies, and emerging businesses, rely on Sullivan’s ability to navigate complex legal and operational landscapes, the impeccable judgment of its lawyers, and its commitment to best‑in‑class client service.

Kimberly Herman

Kim is a corporate attorney with a focus on contract negotiation and intellectual property. Her practice spans the United States, Europe, Asia and the Middle East. Kim’s practice is varied and extensive and includes advising clients on numerous issues relating to licensing, copyrights, trademarks, patents and trade secrets. She also has specialized expertise in business strategy and negotiating in-bound and out-bound transactions and drafting related agreements for a wide range of commercial deals and litigation settlements in the media and entertainment, software (including open source, SaaS and business software platforms) and life sciences industries.

Kim is also well-versed in providing legal advice concerning the ever-changing state and federal laws applicable to online sports betting, online gambling and fantasy sports including the representation of a billion-dollar multi-national gaming and lottery services company in connection with its licensed content deals. Kim’s gaming clients include IGT, Bally’s Corporation and Novomatic.

On any given day, Kim may go from working on a film production agreement for a streaming platform in the morning to a clinical trial agreement for a life sciences or medical device company in the afternoon to evaluating state gaming regulations in the evening.

In the last few years, Kim has acted as the General Counsel for a Series D funded technology company Hydration Labs (Bevi, the bottle-less water dispenser that delivers personalized flavor) and most recently as the VP and Deputy General Counsel for Bally’s digital entertainment and technology division Bally’s Interactive, where she managed the legal function for Bally’s North American online sports betting business. At Bally's, Kim provided legal counsel concerning all regulatory and legal issues involving the company’s licensed and regulated product offerings, including supporting the company's compliance team on interpreting regulatory and licensing guidelines and communications with state regulators. Kim also managed a wide range of litigation and transactional matters for Bally's involving patents, copyrights, trademarks and brand content and was across many major league sports partnerships with the likes of the NBA, MLB, MiLB and the NHL. As a result, Kim has become well-versed in juggling the multitude of legal issues that GCs and other in-house counsel face on a daily basis. This experience has reinforced her ability to provide innovative and efficient solutions to her clients.

Kim currently serves as outside general counsel and main point of contact for Skillsright, Inc., a nonprofit coalition of the country’s top employers and their CEOs with a mission of driving a skills-first movement for a more equitable and inclusive future workforce. In 2020, Kim was a member of the Sullivan team that advised, along with longtime Sullivan client Bain & Company, on the non-profit’s formation, branding and launch.

In particular, Kim’s 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.

With respect to Kim’s work in the media and entertainment space, she reviews film and other content for distribution on all types of platforms including premium cable, streaming services such as Netflix and Hulu, film festivals, YouTube, Instagram, Facebook, Snapchat, websites and native video platforms. Kim works collaboratively with clients to provide tailored recommendations to reduce risk and overcome obstacles to publication. She drafts and reviews releases, licenses and permissions, and she issues copyright fair use opinions for insureds and others.

Kim also advises companies, content creators, advertising agencies, and technology platforms on the development, training, commercialization and governance of artificial intelligence systems, including AI-enabled recommendation engines, generative AI applications, data licensing, intellectual property ownership, copyright and trade secret protection, confidentiality, AI training datasets, and the use of historical creative and business intelligence to develop proprietary AI products.  

In addition to her broad media and entertainment practice, Kim provides strategic legal counsel tailored specifically to the music industry. She guides musicians and music publishers through complex licensing negotiations, master and sync agreements, publishing contracts, and royalty arrangements. Drawing on her deep expertise in intellectual property law, Kim helps clients safeguard their creative works, maximize revenue opportunities across formats and territories and navigate the interplay between rights, contracts and evolving distribution platforms.

Kim advises Sundial Media Group LLC, Refinery29 and its affiliates on pre-production review of online content, including social media posts, digital marketing campaigns and website materials.

Kim works with Sundial Media Group LLC in connection with its advertising campaigns in sectors from tech to tacos. Kim ensures compliance with intellectual property laws, advertising regulations and platform-specific guidelines, helping this client mitigate risks and safeguard its brand reputation.

Kim works closely with social media influencers and brands, providing guidance on influencer agreements, disclosures and compliance with Federal Trade Commission (FTC) guidelines. Her practice spans industries such as technology, entertainment, consumer goods and healthcare, where she provides practical solutions to navigate complex legal and regulatory landscapes in the fast-paced digital space.

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 is experienced in the unique challenges posed by Government Contracts that federal agencies routinely award such as Cooperative Research and Development Agreements (CRADAs) and Technology Transfer Agreements. She has significant experience negotiating these agreements and advising contracting companies on the risks involved and how to protect intellectual property. Selecting the right agreement isn’t a simple endeavor because it involves many factors including the nature of what the contracting party is supplying and how the Government will use it.

Kim also provides comprehensive guidance on managing cyber breach events, from preparation and response to recovery. She advises clients on navigating state, federal, and international breach notification requirements, regulatory reporting obligations, privacy compliance, and contractual reviews. Kim helps clients mitigate litigation risks and enhance compliance frameworks to recover and strengthen their resilience after an incident.

Kim has been ranked in World Trademark Review 1000, The World's Leading Trademark Professionals each year since 2015. Clients describe her as "incredibly responsive" and "always looking out for your company's interest." She has also been recognized in the WTR's Global Leaders Guide, which identifies the "best of the best" in trademark practice. In 2021, Kim was named a “Go To IP Lawyer” by Massachusetts Lawyers Weekly.

Kim is a guest speaker at Northeastern University in Boston, where she speaks on developments in intellectual property law, copyright, fair use and First Amendment issues. She completed the courses "Museums and the Law;" "Museum Exhibition Content Development;" "History of Museums;" and "Collections Management: Issues and Solutions" at Harvard University.

Intellectual Property Group Earns Repeat Recognition in WTR 1000 Rankings
Boston, MA – Sullivan & Worcester LLP is pleased to announce that its Intellectual Property Group has once again been recognized in the 2026 edition of the World Trademark Review 1000: The World’s Leading Trademark Professionals (WTR 1000), a leading global directory that highlights top trademark practitioners and firms worldwide. Sullivan & Worcester earned a Bronze Band ranking for trademark prosecution and strategy. Michael Palmisciano received a Bronze Band ranking for prosecution and strategy in New York. Editorial Comments from WTR 1000 "A safe pair of hands for clients seeking high-level trademark strategy, Sullivan & Worcester delivers sharp guidance across all aspects of brand management, helping businesses confidently navigate domestic and international challenges." "Michael Palmisciano is a sought-after name housed at Sullivan & Worcester. 'Mike is very experienced and knowledgeable in trademark practice and is great at finding pragmatic solutions to achieve the best possible outcome for the client. His responsiveness and commercially strategic approach make him one of the best in the business.'” About Sullivan & Worcester Sullivan & Worcester (Sullivan) is a global, mid-sized law firm with lawyers in Boston, London, New York, Tel Aviv and Washington, D.C. Sullivan’s clients, including Fortune 500 companies, leading financial services firms and asset managers, boards of directors, real estate companies and emerging businesses, rely on Sullivan’s ability to navigate complex legal and operational landscapes, the impeccable judgment of its lawyers and its commitment to best‑in‑class client service.
Sullivan & Worcester Attorneys Named to 2025 Top Lawyers List by Boston Magazine
Boston, MA – Sullivan is proud to announce that a number of its attorneys were selected for inclusion in Boston magazine's 2025 Top Lawyers list. To compile the list, area lawyers were invited to nominate up to three of their peers in a select number of specialties. Those who received the most votes in each specialty were then reviewed by an advisory board of select lawyers, chosen for their credentials and the high number of votes they received. The Sullivan attorneys, recognized by specialty, are: Attorneys for Non-Profits Judith Edington Bankruptcy and Workout Patrick Dinardo Amy Zuccarello Civil Law Litigation Ryan Rosenblatt Commercial Real Estate Ashley Brooks Louis Monti John Steiner Spencer Stone Corporate Law Benjamin Armour Lewis Segall Labor and Employment Erika Todd Land Use/Environmental Gregory Sampson Securities Law Howard Berkenblit Tax Law Joel Carpenter Richard Jones David Nagle Ameek Ashok Ponda Trusts and Estates Maura Carney Steven Cunningham About Sullivan Sullivan & Worcester (Sullivan) is a global, mid-sized law firm with lawyers in Boston, London, New York, Tel Aviv and Washington, D.C. Sullivan’s clients, including Fortune 500 companies, leading financial services firms and asset managers, boards of directors, real estate companies, and emerging businesses, rely on Sullivan’s ability to navigate complex legal and operational landscapes, the impeccable judgment of its lawyers, and its commitment to best‑in‑class client service.

Kimberly Herman