Norman C Simon

April 10, 2009 | New York Law Journal

Norman C. Simon, a partner with Kramer Levin Naftalis & Frankel, writes that the Second Circuit's reversal in Rescuecom by no means assures a victory for the plaintiff on the merits. Nevertheless, he says, this recent decision arms advertisers with the means to combat unfair competitive cyber-marketing practices.

By Norman C. Simon

11 minute read

October 28, 2008 | Legaltech News

Bar associations have issued opinions on what circumstances a lawyer may ethically review an adversary's metadata during discovery. Outside of the discovery context, they are divided on whether a receiving attorney may review metadata not stripped from an adversary's documents.

By Norman C. Simon

14 minute read

March 22, 2010 | New York Law Journal

Norman C. Simon, a partner at Kramer Levin Naftalis & Frankel, and Brendan M. Schulman and Samantha V. Ettari, associates at the firm, write: Judge Shira A. Scheindlin of the Southern District is a recognized jurist and scholar in the area of e-discovery, and her Zubulake decisions have contributed greatly to the development of both federal and state jurisprudence in this area of the law. Her most recent word on e-discovery thus deserves careful attention, as it will likely shape the standard for compliance with preservation and production obligations within the Southern District of New York, the New York state courts, and beyond.

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

13 minute read

April 13, 2009 | New York Law Journal

The 2nd Circuit's recent decision in Rescuecom Corp. v. Google Inc. gives advertisers a weapon to protect trademarks under the Lanham Act against unfair competition on the Web. But plaintiffs will still need to prove the likelihood of consumer confusion under the act.

By Norman C. Simon

11 minute read

March 25, 2011 | Law.com

Despite the narrower scope of pretrial criminal discovery, the government may be held to the same high standards of preservation and production of electronically stored information. This emerging trend has strategic implications for the criminal defense bar when requesting discovery from, and defending against claims brought by, government agencies.

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

14 minute read

March 21, 2011 | New York Law Journal

Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari of Kramer Levin Naftalis & Frankel discuss recent decisions that indicate that, despite the narrower scope of pretrial criminal discovery, the government may well be held to the same high standards of preservation and production of electronically stored information as civil litigants.

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

14 minute read