David Simon

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David Simon: Attorney with Falcon Rappaport & Berkman LLP

Biography

David Simon’s practice is primarily focused on commercial civil litigation, but his clients rely on his ability to find practical, cost-effective solutions in a wide range of matters. He represents a variety of businesses and individuals in matters related to contract disputes, employment issues, real estate, and corporate governance. He has extensive experience handling cases from pleadings through trial, and appears before the state and federal courts in New York, agencies, commissions, and alternative dispute resolution (ADR) forums.

In the employment arena, Mr. Simon represents individuals and businesses with all aspects of the employer-employee relationship, and beyond. He negotiates and drafts employment agreements for executive hires, and severance/separation agreements when an employment relationship is terminated. He also represents clients in cases of workplace discrimination including sexual harassment, wrongful termination, retaliation, and wage and hour claims. Mr. Simon routinely litigates cases involving post-employment restrictions including covenants not-to-compete, confidentiality, and non-solicitation agreements. His clients include emerging technology companies, insurance agencies, stockbrokers, securities firms, small business owners, and employers in all fields.

In addition to providing employment advice, Mr. Simon assists business entities with corporate formation and recordkeeping, including the drafting of resolutions, shareholder, and operating agreements. He represents shareholders and companies in buy-out agreements, derivative actions, and cases for judicial dissolution. He also drafts business contracts and license agreements for companies across a broad array of industries.

Mr. Simon’s real estate litigation practice covers disputes arising out of purchase and sale contracts, challenges to planning and zoning determinations, actions for trespass and nuisance, partition, actions to quiet title, adverse possession, easements, and landlord/tenant matters. In addition, he defends businesses and property owners sued under the Americans with Disabilities Act and its state and local counterparts, and counsels them with respect to handicapped accessibility requirements.

Providing litigation support to the firm’s Trusts and Estates attorneys, Mr. Simon also handles contested guardianship proceedings and estate administration proceedings.

As a former analyst at Lehman Brothers, Mr. Simon brings first-hand securities knowledge to his practice, and he has acted as general counsel for a number of emerging internet, software development, and technology consulting firms. He serves clients throughout Westchester and Putnam Counties, and in New York City and abroad.

Areas of Practice (4)

  • Litigation and Dispute Resolution
  • Employment
  • Corporate
  • Land Use and Zoning

Education & Credentials

University Attended:
St. Lawrence University, B.A.
Law School Attended:
New York Law School, J.D.
Year of First Admission:
1995
Admission:
New York State; United States District Courts for the Southern, Eastern, and Northern Districts of New York; United States Court of Appeals for the Second Circuit
Memberships:
Member, New York State Bar Association Labor & Employment Law Section Member, New York State Bar Association Business Law Section Member, Westchester County Bar Association Member, Port Chester/Rye Bar Association Dinner Committee, Legal Services of the Hudson Valley (2018, 2019)
ISLN:
917267954

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