Norman C Simon

August 05, 2019 | New York Law Journal

Either way, the decision in 'Romag' will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute.

By Norman C. Simon and Patrick J. Campbell

8 minute read

November 02, 2015 | New York Law Journal

Norman C. Simon of Kramer Levin Naftalis & Frankel, Edward Kabak of the Brand Activation Association and Benjamin M. Arrow of Kramer Levin write: In the time since 'Lexmark' was decided, Lanham Act jurisprudence has developed in some interesting ways, and this article surveys some illustrative decisions.

By Norman C. Simon, Edward Kabak and Benjamin M. Arrow

13 minute read

November 02, 2015 | New York Law Journal

Norman C. Simon of Kramer Levin Naftalis & Frankel, Edward Kabak of the Brand Activation Association and Benjamin M. Arrow of Kramer Levin write: In the time since 'Lexmark' was decided, Lanham Act jurisprudence has developed in some interesting ways, and this article surveys some illustrative decisions.

By Norman C. Simon, Edward Kabak and Benjamin M. Arrow

13 minute read

July 31, 2014 | New York Law Journal

Harold P. Weinberger, Jonathan M. Wagner, and Norman C. Simon write: Since its enactment in 1947, Section 43(a) of the Lanham Act—the federal false advertising statute—has rarely been addressed by the Supreme Court. This term, however, the Supreme Court issued two unanimous Lanham Act decisions that make it easier for plaintiffs to bring false advertising suits.

By Harold P. Weinberger, Jonathan M. Wagner, and Norman C. Simon

10 minute read

March 25, 2011 | Daily Report Online

By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari

10 minute read

March 18, 2013 | New York Law Journal

Kramer Levin Naftalis & Frankel's Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari write that although e-discovery decisions in the New York State Surrogate's Courts remain rare, the courts' established willingness to require cloning of nonparty attorney hard drives, and the growing body of Appellate Division jurisprudence on e-discovery topics, suggests that future guidance from the New York State Surrogate's Courts may be on the horizon.

By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari

11 minute read

April 16, 2012 | New York Law Journal

Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari of Kramer Levin Naftalis & Frankel review the recent decision in 'United States v. Briggs' and the Joint Electronic Technology Working Group's recommendations, both of which reflect the trend that the government increasingly is expected to produce ESI in a reasonably usable format so as to enable searching and analysis by criminal defense counsel.

By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari

13 minute read

March 22, 2011 | Legaltech News

Judicial guidance continues to grow for civil litigants' e-discovery obligations and standards, but less clear is whether this also applies to government agencies for criminal investigations and prosecutions. Recent decisions indicate that the government may be held to the same standards of preservation and production of electronically stored information.

By Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari

14 minute read

October 27, 2008 | New York Law Journal

Norman C. Simon, a partner with Kramer Levin Naftalis & Frankel, writes that bar associations are very much divided on the question of whether, outside of the discovery context, a receiving attorney may review metadata that is not stripped from an adversary's documents. This split is illustrated by two recent opinions - from the New York County Lawyers' Association and the Colorado State Bar Association - that provide conflicting answers.

By Norman C. Simon

14 minute read

May 08, 2002 | New York Law Journal

S PRODUCT X more effective than Product Y, as ABC Company claims? That is typically the key issue in Lanham Act false advertising litigation whether the advertiser`s performance claim for its product is true or false. Not surprisingly, therefore, these cases are frequently won or lost on account of the quality of the parties` product testing and the ability of either party to persuade the court that its testing is credible and its opponent`s is not. There are several factors that bear on the weight a court

By Harold P. Weinberger, Jonathan M. Wagner And Norman C. Simon

16 minute read