Insurance Practice Group Alert: Proposed GSE Reforms Could Subject Private Mortgage Insurers to Federal Approval Requirements
Electronic Discovery Update: Spring 2014
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 Chambers USA, Legal 500 US, and New York Super Lawyers.
As part of his diverse practice, Mr. Simon has litigated many false advertising disputes under the Lanham Act and regularly represents clients in challenges before the National Advertising Division (NAD). For example, he recently represented the market leader of synthetic motor oil in a challenge to comparative advertising that NAD recommended be discontinued because it was based on unrealistic torture testing that lacked “real world relevance.” BP Lubricants USA, Inc., (Castrol EDGE), NAD Report #5674 (Jan. 14, 2014). He also has experience with consumer fraud and false advertising class actions, for example 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 frequently speaks and publishes on advertising law. 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.” 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 four consecutive years, and reported client comments about him that include: “excellent, professional”; “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.”
Mr. Simon regularly represents companies and individuals in connection with complex and high-profile investigations. For example, he led a team investigating estate and third party claims on behalf of the Unsecured Creditors Committee of a major mortgage services company in the largest chapter 11 case filed in 2012, In re Residential Capital, LLC, No. 12-12020 (Bankr. S.D.N.Y.). Mr. Simon developed a theory of liability against the debtors’ parent, Ally Financial, Inc. (“AFI”) that resulted in AFI nearly tripling its original proposed plan contribution from $750 million to $2.1 billion – substantially increasing expected recoveries by all ResCap creditors. Mr. Simon represented Bear Stearns in the 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’s varied commercial litigation experience includes contract and licensing disputes, as well as employment matters. 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 also has experience with the unique issues implicated in law partnership disputes; for example, he successfully represented a firm in an arbitration commenced by a former partner to challenge a retirement provision in a partnership agreement as an impermissible restriction on the practice of law.
Mr. Simon chairs Kramer Levin’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 LGBT civil rights. Mr. Simon is co-chair of the board of directors of the Empire State Pride Agenda Foundation.