2014 Benchmark Litigation Names Kramer Levin to the Top Tier of New York Litigation Firms
FundsTalk: October 2013
Norman C. Simon has litigated numerous commercial matters at both the trial and appellate levels, as well as in arbitration. He also has represented companies and individuals in a variety of investigations. Mr. Simon has been recognized by Legal 500 US, Chambers USA and New York Super Lawyers.
Mr. Simon has litigated many false advertising disputes under the Lanham Act, and regularly represents clients in challenges before the National Advertising Division (NAD). He also has experience with consumer fraud and false advertising class actions, most recently defeating a motion for class certification in a Lanham Act class action. Salon FAD v. L’Oreal USA, Inc., 2011 WL 70591 (S.D.N.Y. Jan. 10, 2011). Mr. Simon counsels clients on prospective claims and has spoken on and authored several publications about advertising law. Legal 500 US, which has characterized Kramer Levin as “‘one of the best’ advertising litigation firms,” has recognized Mr. Simon as a “leading lawyer” in the field for several years, and reported client comments about him that include: “knowledgeable, experienced and approachable,” “completely dedicated [and] caring about his clients,” “responsive,” “provides very useful and substantively sound legal advice,” “a pleasure to work with” and “consistently delivers a high level of service and results.” Chambers USA 2013 recognized Mr. Simon as an “up-and-coming partner who impresses sources with his boundless energy, and is tipped to take an ‘increasingly prominent role’ in the group.”
Mr. Simon regularly represents clients in litigation concerning employment disputes. For example, he recently represented a large financial institution in a federal action commenced by a former high-level employee alleging various breaches of contract, successfully dismissing all claims on summary judgment. Levion v. Societe Generale, 822 F. Supp. 2d 390, 397 (S.D.N.Y. 2011), aff’d, 2012 WL 5861809 (2nd Cir. Nov. 20, 2012). For the same client, he won a motion to compel arbitration of breach of contract and discrimination claims brought in federal court by a former high-level employee. Lismore v. Societe Generale Energy Corp., 2012 WL 3577833 (S.D.N.Y. Aug. 17, 2012). He has represented clients in temporary restraining order hearings concerning non-compete agreements, and in arbitrations before the Financial Industry Regulatory Authority (FINRA). He also has experience with the unique issues implicated in disputes between law firms and former partners.
Mr. Simon’s practice also extends to representing companies and individuals in connection with sensitive and high-profile investigations. For example, he presently leads a team investigating estate and third party claims on behalf of the Unsecured Creditors Committee of a major mortgage services company in a significant pending bankruptcy action. In re Residential Capital, LLC, No. 12-12020 (Bankr. S.D.N.Y.). He represented a large financial institution in a criminal investigation of the collapse of two hedge funds related to the sub-prime mortgage crisis, as well as in related civil derivative cases. He also represented a senior scientist of a major pharmaceutical company in connection with government investigations and civil proceedings involving the development and marketing of a leading pain medication.
Mr. Simon chairs the firm’s E-Discovery Practice. He regularly advises clients on data retention obligations and has conducted internal investigations concerning data loss. He has handled numerous electronic discovery disputes, including those concerning sanctions for alleged spoliation of data and cost-shifting for production of inaccessible electronically stored information.
Mr. Simon is a member of the Firm’s Pro Bono Committee. He has litigated a large number of pro bono cases, several of which have been high profile and precedent setting in the area of gay and lesbian civil rights. Mr. Simon also is co-chair of the board of directors of the Empire State Pride Agenda Foundation.