J. Kain Day is a litigation associate in the Washington, D.C., office of Munger, Tolles & Olson.
Kain represents clients in complex civil litigation and appeals. His practice spans a variety of subject matters, ranging from bankruptcy to complex constitutional and administrative disputes, with a particular focus on patent litigation before district courts and the Federal Circuit.
Kain also maintains an active pro bono practice, focusing on appellate matters before the Federal Circuit and other courts of appeals. Recently, he was appointed by a panel of the U.S. Court of Appeals for the Federal Circuit to brief and argue in support of the pro se appellant in DiMasi v. Secretary of Health and Human Services, No. 22-1854.
Before joining the firm, Kain clerked for Chief Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit and Judge Robert W. Schroeder III of the U.S. District Court for the Eastern District of Texas. Before clerking, he was an associate at a firm in California, where he represented clients in complex intellectual property disputes.
Kain earned his J.D. from the University of Virginia School of Law in 2018. While in law school, he was a member of the Appellate Litigation Clinic and an editor of the Virginia Journal of International Law. He also won the 2016 AIPLA Giles Sutherland Rich Moot Court Competition and was a quarterfinalist in the William Minor Lile Moot Court Competition.
Prior to law school, Kain earned bachelor’s degrees in both Applied Mathematics and Philosophy with minors in Physics and Economics from Virginia Commonwealth University, graduating summa cum laude. Kain earned the Applied Mathematics Award and the Dean’s Scholar Award from the Department of Mathematics and Applied Mathematics. He also earned the Dean’s Scholar Award from the Department of Physics.
Outside of his practice, Kain has co-authored articles on legal topics for the Daily Journal and The Recorder. He also co-authored an article describing how artificial intelligence can be used to generate reasoned, explainable mathematical discoveries.
Publications
- Automated Conjecturing II: Chomp and Reasoned Game Play, 68 J.A.I. Rsch. 447 (2020)
- “Implications of ‘FMI v. Argus Media Leader’ on Trade Secret Law,” The Recorder (June 21, 2019)
- “Trade Secret’s Inherent Value, Part 1: Avoided Costs and Trade Secret Damages,” The Recorder (July 3, 2019)
- “Trade Secret’s Inherent Value, Part 2: Trade Secret Reasonable Royalties,” The Recorder (July 15, 2019)
- “The Law of Unintended Consequences at Federal Circuit,” Daily Journal (Oct. 30, 2018)
Education
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University of Virginia School of Law (J.D., 2018)
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Virginia Commonwealth University (B.S., B.A., summa cum laude, 2015)
Clerkships
- Chief Judge Kimberly A. Moore, U.S. Court of Appeals, Federal Circuit
- Judge Robert W. Schroeder III, U.S. District Court, Eastern District of Texas
Bar Admissions
- California
- District of Columbia
Publications
- Automated Conjecturing II: Chomp and Reasoned Game Play, 68 J.A.I. Rsch. 447 (2020)
- “Implications of ‘FMI v. Argus Media Leader’ on Trade Secret Law,” The Recorder (June 21, 2019)
- “Trade Secret’s Inherent Value, Part 1: Avoided Costs and Trade Secret Damages,” The Recorder (July 3, 2019)
- “Trade Secret’s Inherent Value, Part 2: Trade Secret Reasonable Royalties,” The Recorder (July 15, 2019)
- “The Law of Unintended Consequences at Federal Circuit,” Daily Journal (Oct. 30, 2018)
News
Practice Areas
Industries
Education
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University of Virginia School of Law (J.D., 2018)
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Virginia Commonwealth University (B.S., B.A., summa cum laude, 2015)
Clerkships
- Chief Judge Kimberly A. Moore, U.S. Court of Appeals, Federal Circuit
- Judge Robert W. Schroeder III, U.S. District Court, Eastern District of Texas
Bar Admissions
- California
- District of Columbia