Curing Ambiguities and Defects Without Noteholder Vote: Not So Fast
Funds Talk: October 2016
Norman C. Simon is a seasoned trial lawyer who maintains a diverse litigation practice with a focus on advertising law. A Co-chair of the Advertising Litigation Group, Mr. Simon represents global brands in false advertising disputes under the federal Lanham Act and in class action litigation brought pursuant to consumer fraud statutes, as well as in challenges before the National Advertising Division (NAD) and National Advertising Review Board (NARB). He also draws on his knowledge and years of courtroom experience to help clients avoid costly litigation, counseling them on a variety of advertising-related issues, including prospective claims, advertising clearance, and claim support.Chambers USA — which rates Kramer Levin’s advertising litigation practice as one of the nation’s best — has recognized Mr. Simon (2013-2016) for his “impressive work in the advertising space” (2015), citing clients who describe him as “very, very capable” (2016). Legal 500 US — which also ranks Kramer Levin as “‘one of the best’ advertising litigation firms” in the nation — has included him on its list of “leading lawyers” in the field for seven years (2009-2016), quoting clients who describe him as a “a fantastic advertising attorney” (2015) who "provides a solid perspective alongside sound and effective strategic advice” (2016), and is known for his “practical approach and deep expertise” (2014) and “consistently deliver[ing] a high level of service and results” (2009). Best Lawyers included Mr. Simon on its 2017 Best Lawyers in America list in the area of Advertising Law. Mr. Simon’s commercial litigation experience is broad and includes employment, contract and licensing disputes. He recently represented a large financial institution in a federal action brought by a former high-level employee alleging various breaches of contract; all claims were successfully dismissed on summary judgment. Many of the matters Mr. Simon undertakes on behalf of companies and individuals are in connection with complex and high-profile investigations. For example, he led a team investigating estate claims on behalf of the Unsecured Creditors Committee of Residential Capital, LLC, a major mortgage services company, in the largest Chapter 11 case filed in 2012. Mr. Simon defended Bear Stearns in the criminal investigation of the collapse of two hedge funds related to the subprime mortgage crisis, as well as in related civil derivative cases. He also represented a senior scientist of a major pharmaceutical company in government investigations and civil proceedings involving the development and marketing of a leading pain medication. Mr. Simon chairs Kramer Levin’s E-Discovery Practice and is a member of its Cybersecurity, Privacy and Data Security Practice. He advises clients on data retention obligations, has conducted internal investigations on data loss, and handles electronic discovery litigation disputes. A member of the firm’s Pro Bono Committee, Mr. Simon 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. He also serves as co-chair of the Board of Directors of the Empire State Pride Agenda Foundation.
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