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. Ciba Vision Corp., 348 F. Supp. 2d 165 (S.D.N.Y. 2004) (securing injunction, corrective advertising, and damages award) 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 has also 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 authored several publications concerning the Lanham Act. In addition, he has litigated a number of trademark/trade dress and copyright infringement actions. For example, 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 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 also regularly represents clients in arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). Mr. Simon has additional 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 additionally has experience representing both 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 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. Mr. Simon also has presented at several programs on electronic discovery, including Kroll Ontrack’s “E-Discovery: Ask the Experts,” the Securities Industry Association’s “Managing the HR Risks of Email,” the New York Intellectual Property Law Association’s “What You Need to Know about Electronic Discovery,” and numerous in-house seminars. He also has authored book chapters and articles on electronic discovery, including for Aspatore Books’ Instant Awareness series and for NY Litigator (the Journal of the Commercial and Federal Litigation Section of the New York State Bar Association).

Mr. Simon is a member of the Firm’s Diversity Committee. His pro bono work has focused on securing equal rights for gay men and lesbians. He was co-counsel with Lambda Legal 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). He presently is serving as co-counsel in a series of cases seeking respect within New York State for marriages by same-sex couples entered into in other jurisdictions.

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 for the 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

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