David M. Simon

• The average wholesale price litigation filed by the Illinois Attorney General alleging fraud in the reporting of pharmaceutical prices, State of Illinois v. Abbott Laboratories, Cook County, Ill.
• Prevailed on a motion to dismiss claims for injunctive and declaratory relief based on allegations that insurance policies providing coverage to mortgage lenders violated the title insurance statutes of 49 states, American Land Title Association v. Great American Insurance Company, N.D. Cal. 2006, and successfully resolved subsequent related litigation concerning California title insurance statutes, American Land Title Association v. Great American Insurance Company, San Francisco County, Cal. 2010
• Prevailed on motions to dismiss for lack of personal jurisdiction against claims alleging that insurance policies providing coverage to mortgage lenders violate California title insurance statutes, American Land Title Association v. Great American Insurance Company, San Francisco County, Cal. 2009
• Successfully resolved trial court and appellate court corporate governance litigation, Adamitis v. Chicago Area Council, Inc. Boy Scouts of America, Cook County, Ill. 2006
• Prevailed against lender liability allegations by an e-commerce company to which a bridge loan had been provided and obtained a judgment for damages against the e-commerce company, FE Digital Investments Limited v. China Online, Inc., N.D. Ill. 2004, and prevailed against the e-commerce company's chief executive officer and obtained a judgment for fraud and breach of contract against the chief executive officer, FE Digital Investments Limited v. Hale, N.D. Ill. 2007, and 7th Cir. 2008
• Obtained dismissals in each of a series of cases over nine years against the assertion of long arm jurisdiction based on alleged participation in a conspiracy to conceal the dangers of asbestos, Sylvester v. Owens Corning, McLean County, Ill. 2004
• Prevailed on a forum non conveniens motion to dismiss against breach of fiduciary duty and conspiracy claims asserted by the corporate affiliate of an investment banking client allegedly defrauded in connection with financial restructuring plans and transactions in Japan, Okamoto v. Mizuho Holding Company, N.D. Ill. 2007, 7th Cir. 2008
• Prevailed against estoppel claims and electronic discovery sanctions motions, Zenith Electronics Corp. v. WH-TV Broadcasting Corp., N.D. Ill. 2003
• Obtained a judgment on a breach of contract claim and prevailed against lender liability counterclaims, Whirlpool Financial Corp. v. Sevaux, 7th Cir. 1996
• Prevailed against a business defamation claim, Washington National Insurance Co. v. The Administrators, 7th Cir. 1993
• Prevailed on a breach of contract counterclaim and against a breach of contract claim, P.R.S. International, Inc. v. Shred Pax Corp., Ill. S. Ct. 1998
  
  

Publications And Presentations:

• 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.
• Author, “The Illinois Credit Agreements Act: Still the Best Defense Against Lender Liability Claims,” The Secured Lender, March/April 2009.
• 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.
• 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.
• 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.
• Co-author with Richard P. Glovka, “The Best Defense Against Lender Liability Claims,” The Secured Lender, May/June 1998.
• Co-author with Julian L. Simon, “The Effects of Regulations on State Liquor Prices,” Empirica, 23:303-316, 1996.
• “Remedies Under CERCLA Limited by Contractual Provisions,” Illinois Environmental Law Letter, November 1995.
• “Prior Owner of Contaminated Panel Escapes CERCLA Liability,” Illinois Environmental Law Letter, May 1995.
• “Property Purchasers’ Claims Against Sellers for Leaking USTs Are Limited,” Illinois Environmental Law Letter, February 1995.
• 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.
• 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.