Norman C. Simon is a seasoned trial lawyer who maintains a diverse litigation practice with a focus on advertising law. He has many years of courtroom experience, litigating both bench and jury trials. As chair of the Advertising Litigation practice, Norm 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 draws on his extensive trial experience to help clients avoid costly litigation, counseling them on a variety of advertising-related issues, including prospective claims, advertising clearance and claim support.
Norm’s commercial litigation experience is broad and includes contract, licensing, partnership and employment disputes as well as internal investigations. He recently represented one of the world’s leading biotechnology companies in federal district court against a multinational pharmaceutical corporation, which involved breach of contract, negligent misrepresentation and fraudulent inducement causes of action in connection with the parties’ collaboration agreement to commercialize a migraine drug. Norm also represented a large financial institution in a multiyear litigation and arbitration in which a three-member panel rejected a former employee’s claims for breach of contract, national origin discrimination, fraud, constructive discharge, promissory estoppel, unjust enrichment and deferred compensation. He represented that same client in a federal action brought by a former high-level employee alleging various breaches of contract; all claims were successfully dismissed on summary judgment. Norm also successfully defended a major pharmaceutical company’s biotechnology subsidiary in an arbitration commenced by a university claiming underpayment of royalties under a research and licensing agreement for contributions to the development of a bestselling anticoagulant antibody.
Many of the matters Norm 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. Norm 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.
A member of the firm’s Pro Bono Committee, Norm has litigated a large number of pro bono cases, several of which have been high profile and precedent setting in the area of LGBTQ+ civil rights.
Updated Aug 2024
