Mr. Simon works on all aspects of commercial litigation, at both the trial and appellate levels, as well as in the arbitration context. He additionally has experience representing both companies and individuals in connection with criminal and regulatory investigations.

Mr. Simon has significant expertise in intellectual property (advertising, trademark and copyright) litigation. He has litigated several false advertising cases under Section 43(a) of the Lanham Act, including actions in federal court ranging from TRO and preliminary injunction hearings to jury trials. Representative cases include Johnson & Johnson Vision Care, Inc. v. Ocular Insight, Inc. (S.D.N.Y. 2008) (securing order on consent enjoining false claims of FDA approval and providing for corrective advertising); The Dial Corporation v. Vi-Jon, Inc. (S.D.N.Y. 2007) (securing favorable settlement under which private label manufacturer agreed to remove “compare to” claim to name brand product from its packaging); Johnson & Johnson Vision Care, Inc. v. Ciba Vision Corp., 348 F. Supp. 2d 165 (S.D.N.Y. 2004) (securing injunction, corrective advertising, and damages award for defendant’s false advertising) and Colgate Palmolive Co. v. The Procter & Gamble Co. (S.D.N.Y. July 2004) (defeating $80 million false advertising claim in jury trial). Mr. Simon also has worked on a major false advertising arbitration and numerous matters before the National Advertising Division (NAD) and National Advertising Review Board (NARB) of the Better Business Bureau.

Mr. Simon regularly counsels clients on prospective advertising claims and has spoken extensively on and authored several publications about advertising law, including most recently “A Practical Guide to Implied False Advertising Claims,” which appears in the book Inside the Minds: Managing Advertising & Marketing Legal Issues (2008). The 2009 edition of Legal 500, which characterized Kramer Levin as “‘one of the best’ advertising litigation firms,” singled out Mr. Simon as “being ‘completely dedicated, caring about his clients, responsive, and provid[ing] very useful and substantively sound legal advice. He is a pleasure to work with, and he consistently delivers a high level of service and results’.”

In addition to his advertising work, Mr. Simon has litigated a number of trademark, trade dress and copyright infringement actions. For example, in The Dial Corporation v. Vi-Jon, Inc. (S.D.N.Y. 2007) and The Procter & Gamble Co. v. Vi-Jon Laboratories (S.D.N.Y. 2006), he represented name-brand manufacturers in trade dress infringement actions against a private label manufacturer, which was selling inferior store brand products in confusingly similar packaging to his clients' branded products. In Carano v. Vina Concha y Toro, 288 F. Supp. 2d 397 (S.D.N.Y. 2003), he successfully defeated a copyright infringement claim on summary judgment. Mr. Simon also frequently lectures, comments and writes on the topic of infringement, most recently authoring "'Rescue' for Trademark Protection in Cyberspace," New York Law Journal (April 10, 2009).

Mr. Simon has experience representing companies and individuals in connection with sensitive and high-profile investigations, as well as criminal and civil proceedings. Representative matters include internal and government investigations and civil proceedings involving a high level employee of a major pharmaceutical company over the development and marketing of a leading pain medication, and a Department of Justice investigation of a major financial institution about the closing of two of that firm’s hedge funds.

Mr. Simon also regularly represents clients in employment litigation matters. He has litigated such matters in both federal and state court; for example, in Berner v. Gay Men’s Health Crisis, 295 A.D.2d 119, 743 N.Y.S.2d 99, 89 (App. Div., 1st Dep’t 2002), defeating a claim of reverse sexual orientation discrimination on summary judgment. He has extensive experience with preliminary injunction and TRO actions, including enforcing noncompete agreements against former employees. He also regularly represents clients in arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). Mr. Simon additionally has experience with disputes between law firms and former partners. For example, in a 2007 proceeding before a panel of the American Arbitration Association, he successfully defeated a former partner’s challenge to a firm’s retirement provision as an alleged improper restriction on the practice of law.

Mr. Simon has significant experience in the area of electronic discovery, and serves as Chair of Kramer Levin’s E-Discovery & Trial Support Committee. He regularly advises clients on data retention obligations and other aspects of electronic discovery, and has conducted internal investigations for clients concerning data loss. He has handled numerous electronic discovery disputes, including those concerning sanctions for alleged spoliation of electronic evidence and cost-shifting for production of inaccessible electronically stored information. Mr. Simon litigated a number of pretrial electronic discovery disputes in the seminal case Zubulake v. UBSWarburg. Mr. Simon has authored book chapters and articles on electronic discovery, most recently “Metadata: An Ethics Minefield,” which appeared as the cover article of the E-Discovery Special Section of The New York Law Journal (Oct. 27, 2008). He also has been a panelist at programs on electronic discovery, including Kroll Ontrack’s “E-Discovery: Ask the Experts” and the New York Intellectual Property Law Association’s “What You Need to Know about Electronic Discovery.”

Mr. Simon is a member of the Firm’s Diversity Committee. His pro bono work has focused on LGBT civil rights work. He is co-counsel in several cases seeking recognition in New York of out-of-state marriages of same-sex couples, including Golden v. Patersen, which seeks to uphold the Governor’s directive to State agencies to respect such marriages; served as co-counsel in Hernandez v. Robles, which sought the right to marry for same-sex couples under the New York State Constitution; authored an amicus brief to the U.S. Supreme Court in Lawrence v. Texas; and litigated a case of first impression that legalized second parent adoptions in Delaware, In re Hart, 806 A.2d 1179 (Del. Fam. Ct. 2001).

J.D., cum laude, New York University School of Law, 1997

• Articles Editor, Annual Survey of American Law, 1996-1997
• Staff Editor, Annual Survey of American Law, 1995-1996

B.S./B.A., summa cum laude, State University of New York at Binghamton, 1994

Honorable Alan B. Handler, New Jersey Supreme Court, 1998 - 1999

New York, 1998
New Jersey, 1997

U.S. Supreme Court, 2003
U.S. Court of Appeals, Second Circuit, 2003
U.S. District Court, Eastern District of Michigan, 2002
U.S. District Court, Southern District of New York, 1998
U.S. District Court, Eastern District of New York, 1998
U.S. District Court, District of New Jersey, 1997

Publications

• "'You've Got Mail!' Can Sending an Email Be Enough to Establish Personal Jurisdiction?," The Metropolitan Corporate Counsel, June 2009
• "Trademark Protection in Cyberspace Rescued," Internet Law & Strategy Law Journal Newsletter, May 2009
• "'Rescue' for Trademark Protection in Cyberspace," New York Law Journal, April 10, 2009
• “Metadata: An Ethics Minefield,” cover article of New York Law Journal's E-Discovery Special Section, Oct. 27, 2008
• “A Practical Guide to Implied False Advertising Claims,” book chapter in Inside the Minds: Managing Advertising & Marketing Legal Issues, Fall 2008 (Aspatore Books)
• “Electronic Discovery: The Great Metadata Debate,” The Metropolitan Corporate Counsel, May 2008
• “One Year Later: The Impact of the Electronic Discovery Amendments to the Federal Rules of Civil Procedure,” book chapter in Instant Awareness: An Immediate Look at the Legal, Governmental, and Economic Ramifications of the Amendment to the Federal Rules of Civil Procedure and Electronic Discovery, Spring 2008 (Aspatore Books)
• “Book Reviews: Electronic Discovery; eDiscovery & Digital Evidence,” New York State Bar Association (NYSBA) NYLitigator, Vol. 11 No. 2, Fall 2006
• “Where There’s (Not) a Will (Maybe) There’s a Way” (with Harold P. Weinberger and Jonathan M. Wagner), New York Law Journal’s Intellectual Property Supplement, May 8, 2006
• “Need to Prove an Impliedly False Advertising Claim?” (with Harold P. Weinberger and Jonathan M. Wagner), New York Law Journal’s Intellectual Property Supplement, Oct. 12, 2004
• “What Constitutes Commercial Advertising Under the Lanham Act” (with Harold P. Weinberger and Jonathan M. Wagner), cover article of New York Law Journal’s Intellectual Property Supplement, May 12, 2003
• “Testing Key in False Advertising Cases” (with Harold P. Weinberger and Jonathan M. Wagner), New York Law Journal’s Intellectual Property Supplement, May 13, 2002

 Speaking Engagements

• Strafford’s Contextual Advertising on the Internet: Evolving Trademark Challenge CLE Webinar, Panelist (July 2009)
• Defense Research Institute (DRI) 2009 Life Health Disability & ERISA Annual Seminar, Speaker on Ethics and Technology: Discovery and Use of Metadata (April 2009)
• Association of National Advertisers (ANA) 2009 Advertising Law and Business Affairs Conference, Speaker on Panel entitled New and Improved Advertising! But Is It Actionable? (March 2009)
• American Conference Institute (ACI) 22nd National Advanced Forum on Advertising Law, Speaker on Panel entitled Cost Effectively Resolving Disputes Involving Competitors’ Comparative Claims (January 2009)
• New York Intellectual Property Law Association (NYIPLA), What You Need to Know about Electronic Discovery, Speaker (Feb. 2007)
• Securities Industry Association (SIA), Managing the HR Risks of Email (March 2005)
• Kroll Ontrack’s Ask the Experts: Electronic Document Retention & Discovery, Speaker (Sept. 2003)

Member, Committee on Pro Bono and Legal Services, Association of the Bar of the City of New York
LeGaL
New York Intellectual Property Law Association