David Simon is a partner in the Litigation Department of Edwards Wildman. His experience includes cases involving antitrust, securities fraud, lender liability, complex contracts and business tort claims, statutory and regulatory violations, and corporate governance, SEC investigations, and management of related complex electronic discovery issues.
Notable Experience
ˇ Represented and prevailed on behalf of managing director of corporate investor against corporate derivative and shareholder claims for conspiracy and breach of fiduciary duty.
ˇ Represented and prevailed on behalf of insurer against claims alleging that insurance policies providing coverage to mortgage lenders violated title insurance statutes nationwide and then obtained dismissal of subsequent related claims alleging violation of California title insurance statutes.
ˇ Represented and obtained on behalf of corporate investor a $1.5 million judgment for fraud and breach of contract against a corporation's chief executive officer based on false representations in connection with the corporation's sale of securities.
ˇ Represented and prevailed on behalf of securities firm against breach of fiduciary duty and conspiracy claims alleging fraud in connection with financial restructuring plans and transactions in Japan.
ˇ Represented not for profit corporation and obtained on its behalf an appellate court stay of an injunction in corporate governance litigation.
ˇ Represented and prevailed on behalf of corporate lender against lender liability allegations and obtained a $2.7 million judgment.
ˇ Represented and obtained on behalf of former majority shareholder of foreign asbestos manufacturer dismissals in each of a series of twelve cases over nine years alleging participation in a conspiracy to conceal the dangers of asbestos.
ˇ Represented and prevailed on behalf of industrial machinery manufacturer against a breach of contract claim and obtained a judgment on a counterclaim in a case that clarified the law governing requests to admit.
ˇ Represented and prevailed on behalf of lender against $17 million lender liability counterclaims and obtained a $1 million judgment.
ˇ Represented and obtained on behalf of insurer reversal from the district court of a $1 million breach of contract verdict and reversal on appeal of a $600,000 business defamation verdict.
Recent Speaking Engagements and Publications
ˇ Co-Author with Florence A. Crisp, "Do 'Advertising Injury' Insurance Policies Cover Antitrust Actions?," The Exchange, Insurance and Financial Services Developments, American Bar Association Section of Antitrust Law, Spring 2012.
ˇ Author, "Do 'Advertising Injury' Insurance Policies Cover Antitrust Actions?," Insurance and Reinsurance Review, December 2011.
ˇ Author, "Certiorari Petition Highlights Federal Appeals Courts' Differing Standards for Deciding the Viability of Complaints Asserting False Claims Act Violations," Edwards Wildman Palmer LLP Client Advisory, October 2011.
ˇ Author, "Janus Held to Protect Executives' Internal False Reports-at the Direction of Superiors-Against Rule 10b-5 Liability for False Statements, But Not Against Rule 10b-5 Liability for Deceptive Conduct," Client Advisory, September 2011.
ˇ Author, "Pragmatism v. Principle: Loss Causation and Basic," Law360, June 1, 2011.
ˇ Author, "Federal Court Holds That Rule 23 Does Not Displace the Illinois Antitrust Act's Prohibition of Indirect Purchaser Class Action Claims," Client Advisory, March 2011.
ˇ Co-Author with Brent R. Austin, "Increasing Scrutiny of Gov't Contingency Fee Deals," Law360, November 2, 2010.
ˇ Author, "Obtain the Illinois Credit Agreements Act's Broad Protection Lender Liability Claims: Choose Illinois Law for Your Financing Agreements," Illinois Venture Capital Association website, March 2010.
ˇ Author, "The Illinois Credit Agreements Act: Still the Best Defense Against Lender Liability Claims," The Secured Lender, March/April 2009.
ˇ Co-Author with Brent R. Austin and Nancy F. Afrasiabi, "Contacting Class Members-Before and After Class Certification: The ABA's View," Product Liability Law & Strategy, April 2008.
ˇ Speaker, "Managing Lenders' Litigation Risks," Federal Reserve Bank of Chicago & The Center for Financial Services at DePaul University conference "Risk: Keeping Ahead of the Curve," March 2008.
ˇ Co-Author with Julian L. Simon, "Public Ownership Versus Private Enterprise: State Liquor Distribution Systems Revisited," Economics Against the Grain, Vol. 1, Julian L. Simon, 1999.
ˇ Co-Author with Richard P. Glovka, "The Best Defense Against Lender Liability Claims," The Secured Lender, May/June 1998.
ˇ Co-Author with Julian L. Simon, "The Effects of Regulations on State Liquor Prices," Empirica, 23:303-316, 1996.
ˇ Author, "Remedies Under CERCLA Limited by Contractual Provisions," Illinois Environmental Law Letter, November 1995.
ˇ Author, "Prior Owner of Contaminated Panel Escapes CERCLA Liability," Illinois Environmental Law Letter, May 1995.
ˇ Author, "Property Purchasers' Claims Against Sellers for Leaking USTs Are Limited," Illinois Environmental Law Letter, February 1995.
ˇ Co-Author with H. Roderic Heard and Mark W. Haller, "The Ignored Effect: Taxes and the Calculation of Commercial Damages," Business Lawyer Update, Vol. 12, No. 1, Sept./Oct. 1991.
ˇ Co-Author with H. Roderic Heard and Mark W. Haller, "Avoid Windfall Commercial Damages: Consider Tax Benefits and Tax Law Changes," Inside Litigation, Vol. 5, No. 7, July 1991.
News & Publications
March 16, 2012, Writing in The Exchange, Florence Crisp and David Simon Examine Coverage of Antitrust Actions by 'Advertising Injury' Insurance Policies
December 2011, Do "Advertising Injury" Insurance Policies Cover Antitrust Actions?
October 25, 2011, Law360 Publishes David Simon's Analysis of Ruling Regarding Coverage for 'Advertising Injury'
October 13, 2011, Client Advisory - Eleventh Circuit Holds That Advertising Injury Insurance Does Not Cover Antitrust Litigation
October 2011, Client Advisory - Certiorari Petition Highlights Federal Appeals Courts' Differing Standards for Deciding the Viability of Complaints Asserting False Claims Act Violations
September 2011, Client Advisory - Janus Held to Protect Executives' Internal False Reports-at the Direction of Superiors-Against Rule 10b-5 Liability for False Statements, But Not Against Rule 10b-5 Liability for Deceptive Conduct
August 26, 2011, Recent Decisions Hold that the Supreme Court's Janus Decision Does Not Bar Rule 10b-5 Claims Against Corporate Officers
March 17, 2011, Federal Court Holds That Rule 23 Does Not Displace the Illinois Antitrust Act's Prohibition of Indirect Purchaser Class Action Claims
March 17, 2011, Federal Appeals Court Reverses Certification of Class Injunctive Relief Claim Seeking to Require an Insurer to Reinspect Thousands of Roofs
February 11, 2011, Cigarette Manufacturers Ask the Supreme Court to Bar State Courts from Using Class Actions to Restrict Their Ability to Defend Themselves in Litigation
February 2, 2011, Supreme Court to Decide Whether Class Certification in a Securities Fraud Case Requires Proof of Loss Causation
December 21, 2010, California Appellate Court Affirms Denial of Certification of Proposed Class Whose Members Were Not Ascertainable
December 21, 2010, Recent Denial of Class Certification in Light Cigarettes Marketing Case Emphasizes That Article III Bars Class Certification if Individual Putative Class Members Lack Injury In Fact
December 21, 2010, Ninth Circuit Sets Criteria to Determine Whether to Hear Discretionary Appeals Under CAFA
December 21, 2010, Presentation of Evidence-Rather Than Assertions About the Evidence That Allegedly Will Be Presented at Trial-Is Required at a Certification Hearing
December 6, 2010, Manufacturers Ask the Supreme Court to Decide Whether the Constitution Bars Governmental Contingent Fee Agreements for Prosecution of Sovereign Claims
November 12, 2010, Florida Federal Court Decision Certifying Statutory Fraud Class Action Highlights Statutory Fraud Claims as a Basis for Class Certification
November 12, 2010, U.S. Supreme Court to Decide Whether Federal Court's Denial of Class Certification Precludes Certification of the Same Class in State Court
November 12, 2010, Seventh Circuit Court of Appeals Authorizes a Broad Injunction Against Re-litigation of Class Certification Issues
November 12, 2010, Seventh Circuit ERISA Class Action Decision Saves Verizon $1.6 Billion
Besides Edwards Wildman
David runs marathons and has participated in martial arts for over 30 years. He also handles pro bono criminal defense cases in Chicago.
Events
June 19-20, New York, NY, ACI's 3rd Annual Litigating & Resolving Advertising Disputes Conference
Memberships
ˇ Chicago Bar Association
ˇ Illinois State Bar Association
ˇ American Bar Association
ˇ State Bar of Wisconsin
ˇ Chairman of the Board of Directors, First Defense Legal Aide (FDLA)