Norman C. Simon

Consumer Class Actions

Secured dismissal with prejudice of putative consumer class action alleging that the “99% accurate” claim on Clearblue brand ovulation kits is false because it relates not to ovulation but instead to the surge in luteinizing hormone that precedes it.

Defended Gain brand in a putative consumer class action alleging its laundry detergent packaging (including its green color) made false environmental claims. Following the filing of a motion to dismiss, the plaintiff dismissed the complaint with prejudice.

Defended Charmin brand in a putative nationwide class action brought on behalf of all sewage and wastewater treatment operators alleging that various manufacturers’ wipes are not “flushable” as advertised, causing clogs in municipal wastewater systems. 

Defended Almay brand in a putative consumer class action over a hypoallergenic claim. On the heels of a motion to dismiss and within hours of oral argument, the plaintiff dismissed the complaint.

Defended Tide brand in a putative consumer class action challenging its “plant based” claims. Obtained voluntary dismissal with prejudice.

Defended Pampers brand in a putative consumer class action over labeling of “natural clean” baby wipes.

Lanham Act

Secured dismissal of a Lanham Act suit by 100-plus car dealers alleging TrueCar’s claim of no “haggling” in the automobile purchase experience was false. After granting its motion to exclude the plaintiffs’ damages expert, the court awarded summary judgment to TrueCar. 

On behalf of Acuvue brand, secured a permanent injunction and corrective advertising award under the Lanham Act enjoining false comparative advertising for competing contact lens, as well as a jury verdict of willful false advertising and a damages award.

Defended Adiant in a Lanham Act jury trial. The jury returned a verdict that rejected a false advertising claim and awarded only nominal defamation actual damages.

Defended Professional Sebastian brand in a Lanham Act class action brought by a group of professional salons against hair care product manufacturers, which were alleged to falsely advertise their products as exclusively available in salons when they actually were sold in the mass market. Defeated a motion for class certification.

On behalf of Crest brand, obtained a jury verdict dismissing an $80 million Lanham Act claim by Colgate alleging false advertising for Whitestrips tooth-bleaching product.

NAD/NARB

On behalf of Band-Aid brand, successfully challenged before the NAD a claim by private-label supplier ASO that its competing hydrocolloid bandages conferred “2x faster healing.”

On behalf of T-Mobile, successfully challenged before the NAD and NARB Comcast’s use of the term 10G in the product service name “Xfinity 10G Network.” 

On behalf of Tylenol brand, successfully challenged before the NAD and NARB claims by Genexa that pediatricians prefer its Kids’ Pain & Fever medicine and that compared the inactive ingredients in the products.

Successfully defended Meta’s WhatsApp brand in a challenge before the NAD and NARB concerning claims about the security benefits of end-to-end encryption.

Successfully defended Naväge brand in a challenge before the NAD to claims allegedly communicating its nasal irrigation system prevented viruses.

On behalf of Pepcid brand, successfully challenged a claim before the NAD and NARB by competing allergy brand Zantac 360° that it contained the “#1 doctor recommended heartburn medicine.”

On behalf of Metamucil brand, successfully challenged before the NAD and NARB Benefiber’s claims of “100% Natural” and “clinically proven to curb cravings.” 

Successfully represented Mr. Clean brand at the NARB, which affirmed NAD’s recommendation that S.C. Johnson discontinue its unqualified claim that Windex Vinegar is “non-toxic.”

On behalf of Chase brand, successfully challenged before the NAD commercials for Capital One’s Spark card featuring endorsers who described high cash back rewards without disclosing the exceptional circumstances under which they were earned. 

On behalf of TECNIS brand of intraocular lenses, successfully challenged before the NAD professional advertising claims for competing lenses.

On behalf of Dawn brand, successfully challenged before the NAD the claim that Ajax Ultra Dish Liquid provides “100% Grease Removal.”

On behalf of Zyrtec brand, successfully challenged before the NAD claims that Xyzal’s “smart” or “wise” design confers a clinically meaningful benefit compared to Zyrtec. 

On behalf of Revlon, successfully challenged before the NAD and NARB claims that Sally Hansen Miracle Gel is “a real GEL,” is “the only true two-step gel manicure with no light needed” and provides “up to 14 days of color & shine.”

On behalf of Mobil brand, successfully challenged at the NAD and NARB comparative “stronger” claims made by Castrol EDGE motor oil that were based on a “torture test” that did not employ normal driving conditions.

On behalf of Activia brand, successfully challenged at the NAD claims that Yoplait Yo-Plus has been proven to help “regulate digestive health” and contains the same probiotic ingredient and digestive health benefit as Activia’s product.

Represented a Fortune 500 sportswear apparel company in a federal securities class action alleging misstatements regarding the company’s expected revenue growth.

Represented one of the world’s leading biotechnology companies in a federal district court action against a multinational pharmaceutical corporation over allegations of breach of contract, negligent misrepresentation and fraudulent inducement in connection with the parties’ collaboration agreement to commercialize a migraine drug.

Represented a prominent law firm in a proceeding before a panel of the American Arbitration Association, successfully defeating a former partner’s challenge to the firm’s retirement provisions as an allegedly improper restriction on the practice of law.

Represented a Fortune 500 media company in the successful resolution of an arbitration dispute with its CEO, resulting in dismissal of the arbitration proceeding and reversion of a $120 million grantor trust to the company in its entirety

Represented a Fortune 500 pharmaceutical company, successfully defending its 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.

Represented a high-level employee of a major pharmaceutical company in connection with internal and government investigations and civil proceedings involving the development and marketing of a pain medication.

Represented the Unsecured Creditors Committee of a major mortgage services company. Led a team investigating estate and third-party claims and developed a theory of liability against the debtor’s parent that resulted in it nearly tripling its original proposed plan contribution from $750 million to $2.1 billion.

Represented a large financial institution in both civil and criminal proceedings focused on the collapse of two investment funds related to the subprime mortgage crisis.

Conducted an internal investigation of a significant data loss incident at a major financial institution. Prepared a report of findings and advised on remedial measures and recommendations for procedural revisions.

Represented a leading financial institution in a federal court action by a former high-level employee, successfully winning a motion to compel arbitration of the employee’s breach of contract, discrimination and other claims for over $80 million in damages. A three-member arbitration panel subsequently rejected these claims in their entirety, and a federal court rejected the employee’s motion to vacate and confirmed the award.

Represented a leading financial institution in a federal action by a former high-level employee alleging various breaches of contract and achieved dismissal of all claims on summary judgment. The 2nd Circuit affirmed the decision on appeal.

Represented an HIV advocacy and services organization in employment litigation, successfully defeating on summary judgment and sustaining on appeal claims for reverse sexual orientation discrimination brought by a former employee.

Represented religious organizations, authoring an amicus brief to the U.S. Supreme Court in the landmark cases of Obergefell v. Hodges, in which the Court held that the Constitution requires that same-sex couples may allowed to marry, and United States v. Windsor, in which the Court held Section 3 of the Defense of Marriage Act (DOMA) (defining marriage as the union of one man and one woman for purposes of all federal laws) unconstitutional.

Represented a Mississippi lesbian in a constitutional challenge to her high school’s denial of the right to attend her school prom with her girlfriend. Secured a judgment requiring the defendant school district to pay damages and attorneys’ fees and amend its policies to include student anti-discrimination protections based on sexual orientation.

Represented same-sex couples as pro bono co-counsel in several cases establishing recognition in New York of out-of-state marriages of same-sex couples and seeking the right to marry under the New York State Constitution.

Represented public health organizations, authoring an amicus brief to the U.S. Supreme Court in the 2003 landmark case Lawrence v. Texas, in which the Court held that the statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the due process clause of the Constitution.

Represented a same-sex couple in In re Hart, a case of first impression establishing second-parent adoption rights in Delaware.