David M. Simon

David Simon is a partner in the Litigation Department of Wildman Harrold. On behalf of corporate clients including Urban Retail Properties, Great American Insurance, Novartis Pharmaceuticals, Sandoz, Mizuho Securities, Toys “R” Us, Motorola, First Eastern Investment Group, and Charter plc, David litigates and counsels clients in multi-billion dollar and multi-million dollar commercial litigation matters all over the United States. His broad experience includes cases involving antitrust, securities fraud, lender liability, complex contracts, business torts, statutory and regulatory violations, and corporate governance as well as SEC investigations.

Representative Experience:

Represents Novartis Pharmaceuticals in average wholesale price litigation filed by the Illinois Attorney General alleging fraud in the reporting of pharmaceutical prices, State of Illinois v. Abbott Laboratories
Prevailed on a motion to dismiss on behalf of Great American Insurance Company against claims for injunctive and declaratory relief based on allegations against several insurers that an entire class of 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
Successfully resolved trial court and appellate court corporate governance litigation for the Chicago Area Council of the Boy Scouts of America. Adamitis v. Chicago Area Council, Inc. Boy Scouts of America, Cook County, Ill. 2006
Prevailed on behalf of FE Digital Investments, an affiliate of First Eastern Investment Group of Hong Kong, against lender liability allegations by an e-commerce company to which FE Digital Investments had provided a bridge loan and obtained a judgment for damages against the e-commerce company, FE Digital Investments Limited v. China Online, Inc., N.D. Ill. 2004
Represented Toys “R” Us in resolving opt out antitrust claims; Toys “R” Us and other retailers claimed that Visa and MasterCard violated the Sherman Act by tying merchant acceptance of signature debit cards to acceptance of credit cards, by collusively setting fees for merchant acceptance of their credit cards, and by adopting rules prohibiting member banks from issuing American Express and Discover cards, Toys “R” Us, Inc. v. Visa U.S.A. Inc. and MasterCard International, Inc., E.D.N.Y. 2004
Represents Sandoz, a generic pharmaceuticals subsidiary of Novartis, against health insurers alleging violations of state antitrust acts arising from the settlement of patent infringement litigation between Abbott Laboratories and Sandoz, BCBSM, Inc. v. Abbott Laboratories, Cook County, Ill.
Prevailed on behalf of Charter plc in 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; successfully defended Charter plc against every Illinois conspiracy case, Sylvester v. Owens Corning, McLean County, Ill. 2004
Represented Toys “R” Us in a breach of contract case involving a path breaking e-commerce agreement providing for the sale of Toys “R” Us toys and baby products on the Amazon.com website, Toysrus.com v. Amazon.com, Passaic County, N.J. 2006
Represents investment bank, Mizuho Securities, against breach of fiduciary duty and conspiracy claims asserted by the corporate affiliate of an investment banking client that Mizuho Securities allegedly schemed to defraud in connection with financial restructuring plans and transactions in Japan, Okamoto v. Mizuho Holding Company, N.D. Ill.
Prevailed on behalf of Motorola against estoppel claims and electronic discovery sanctions motions by a television station alleging the sale of defective set top boxes, Zenith Electronics Corp. v. WH-TV Broadcasting Corp., N.D. Ill. 2003

Reported Decisions:

FE Digital Investments Limited v. Hale, 499 F.Supp. 24 1054 (N.D. Ill. 2007)
P.R.S. International, Inc. v. Shred Pax Corp., 184 Ill.2d 224, 703 N.E.2d 71 (1998) (UCC and procedural issues)
Whirlpool Financial Corp. v. Sevaux, 96 F.3d 216 (7th Cir. 1996) (lender liability issues)
Washington National Insurance Co. v. The Administrators, 2 F.3d 192 (7th Cir. 1993) (business defamation issues)

Publications And Presentations:

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, “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.

Professional Associations:

Chicago Bar Association

Illinois State Bar Association

American Bar Association

State Bar of Wisconsin

Bar Admissions:

Illinois, 1989

Wisconsin, 1989

U.S. Court of Appeals for the Fifth and Seventh Circuits

U.S. District Courts for the Northern, Central, and Southern Districts of Illinois, the Western District of Wisconsin, the Western District of Michigan, and the District of Colorado

Personal Information:

David runs marathons and has participated in martial arts for over 30 years. He also handles pro bono criminal defense cases in Chicago.

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