Nikki Lewis Simon advances her cross-industry clients' business objectives by protecting their capital, whether human, intellectual or financial, against claims of wrongdoing, including claims for race, sex, age and gender discrimination, hostile work environment and retaliation, and in employment-related matters, including the negotiation and defense of employment agreements, non-competes and other restrictive covenants. Nikki also has broad experience representing these and other clients in complex commercial litigation matters that span the full panoply of issues targeting businesses' corporate character and brand, like claims for defamation, fraud and misrepresentation, professional negligence and malpractice, breach of fiduciary duty, securities law violations and wrongful death. Nikki has an uncommon ability to connect with -- and think like -- the every-day Trier of fact, identify the themes and practical, common sense arguments that affirm their views, and then craft and execute litigation strategies that present complex legal concepts and difficult fact issues in ways that help her clients. Nikki also has wide-ranging experience prosecuting matters with less-than-stellar facts (or law) and identifying creative, unique tactical options that help level the playing field in ways that tend to advance her clients' objectives.
Areas of Concentration
· Labor & Employment
· Securities Litigation/Financial Services
· Real Estate
· Professional Malpractice and Negligence
· Wrongful Death Defense/Premises Liability
· Defamation, False Light, Right to Privacy
· Public Records/Public Access
· Complex Commercial Litigation
Professional & Community Involvement
· fellow, Florida Bar Leadership Academy, South Branch, 2013-2014
· Participant, Leadership Broward, Class XXXII
· Member, American Bar Association, Labor & Employment Law, Litigation Sections
· Member, National Bar Association, Commercial Law Section
· Member, National Association of Women Lawyers
· Member, The Florida Bar, Federal Court Practice Committee
· Member, U.S. District Court for the Southern District of Florida, Standing Black History Month Committee
· Board of Directors, Women's Chamber of Commerce of Miami-Dade County
· Board Member, Gwen S. Cherry Black Women Lawyers Association
· Liaison, Women's Initiative, Greenberg Traurig (Miami)
- Steering Committee, 2011 Women's Business Forum (Chicago)
- Steering Committee, 2012 Women's Business Forum (South Florida)
· Member, Virgil Hawkins Florida Chapter NBA
· Member, Wilkie D. Ferguson Jr. Bar Association
· Charter Member, South Broward Alumnae Chapter, Delta Sigma Theta Sorority, Incorporated
· Co-Career Development Liaison, Greenberg Traurig (Miami), Associate Development Program (2010-2012)
· Board of Trustees, Mercy Hospital (2009-2011)
· Secretary and Board Member, The Fountain of New Life (2007-2011)
Awards & Recognition
· Listed, Florida Trend magazine, "Legal Elite," 2012
· Selected, Legacy Miami magazine and Miami Herald " Legacy Legal Leader," 2012
· Winner, Profiles in Diversity Journal, "Women Worth Watching Award," 2012
· Team Member, Law360 "Employment Practice Group of the Year," 2011
· Labor & Employment Litigation
- Defended Fortune 500 transportation logistics and fleet management company and select affiliates against Title VII and state law discrimination charges brought by employees, including in union shops.
- Advised Fortune 500 transportation logistics and fleet management company and select affiliates on proper scope of its immigration compliance program in light of increased government oversight of employer Form I-9 compliance, auditing and reporting.
- Defended professional employment agreements, including enforcement and defense of non-compete and non-solicitation agreements.
- Represented NAACP, as local counsel for its Florida State Conference, and certain state government employees in claims for race discrimination, hostile work environment and retaliation.
- Defended second largest global recorded music company in action for alleged violation of Title VII and state anti-discrimination laws against hostile work environment based on sexual harassment and quid pro quo sexual harassment.
· Securities Litigation/Financial Services Litigation
- Defended major financial services company against actions brought by public employee pension funds and retirement plans for breach of fiduciary duty, professional negligence, fraudulent misrepresentation and negligence misrepresentation.
- Defended international banking institution against claims brought by investors for diminished returns on investments allegedly caused by institution's failure to disclose the nature of investments, alleged conflicts of interest, material misrepresentations and/or material omissions.
- Represented major banking institution in investigation and civil prosecution of bank teller and depositor in conspiracy to convert funds, including cooperative work with the Office of the Comptroller of Currency.
- Represented major banking institutions in its role as trustee in trust and estate (probate) litigation against claims, including, but not limited to, breach of fiduciary duty.
· Wrongful Death Defense/Premises Liability Litigation
- Represented major banking institution in premises liability case resulting from commercial depositor/customer death during after-hours ATM use.
- Defended premier mortgage and loan servicing subsidiary of financial conglomerate in premises liability case resulting from minor's death on grounds of foreclosed home.
· Professional Malpractice and Professional Negligence
- Defended accounting firm in accounting malpractice action brought by bankruptcy trustee of former audit client and audit client's affiliates, including medical imaging centers, for accounting firm's alleged violations of GAAS, GAAP, aiding and abetting audit client's breaches of duties and related claims.
- Represented major top tier accounting firm in accounting malpractice action, a significant component of which included "Know Your Customer" rules and AML provisions.
· Real Estate Litigation
- Defended more than half a dozen real estate developers in hundreds of state and federal court cases brought by a myriad of corporate and private buyers representing more than $1 billion of developed projects against claims for violations of state and federal securities laws, the Interstate Land Sales Full Disclosure Act (ILSA), the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), and other state and local laws and regulations.
- Represented major banking institution in commercial foreclosures throughout the state of Florida.
- Represented, successfully, private equity lenders in multiple commercial foreclosures in economically-depressed real estate market.
Publications & Presentations
Articles, Lectures & Publications
· Quoted, "Legal Business Development: A Plan with Courage and Faith," In Black and White Blog, October 18, 2011
· Quoted, "Diversity - Law Firms Promoting Minorities, But Not Enough for Some," Daily Business Review, April 22, 2009
· Panelist, "Women in Leadership Breakfast: Link, Leverage, Lead," National Coalition of 100 Black Women, Greater Miami Chapter, Miami, FL, April 2012
· Co-Presenter, "Friend Me... or Better Not: The Judiciary's Dilemma with Social Media and the Right to a Fair Trial," Client Presentation, Oak Brook, IL, March 2012
· Panelist, "Corporate Restructuring: Is Anyone Recession Proof?" National Bar Association, Miami, FL, February 2012
· Speaker, "My Life as a Lawyer," Dorsey High School, Los Angeles, CA, October 2011
· Faculty Leader, Navigating the Politics of Law Firm Life, Corporate Leadership Forum Academy, NBA, Baltimore, MD, August 2011
· Presenter, How Building a Book of Business is Power, GT's Miami Office Women's Initiative Quarterly Meeting, Miami, FL, July 2011
· Co-Presenter, Social Media in the Workplace, "Friend or Foe?," Client Presentation, Juno Beach, FL, June 2011
· Panelist, Networking and Business Development: A Few of Your Most Favorite Things, Minority Corporate Counsel Association, New York, NY, November 2010
· Co-Presenter, Capitalizing on Your Strengths & Differences, South Florida BLSA Summit, Coral Gables, FL, November 2010
· Panelist, Climbing the Ladder of Success in Stilettos, The Fountain of Pembroke Pines, Inc., Pembroke Pines, FL, September 2009