Adam J. Simon

Adam J. Simon represents companies across a wide range of industries in state and federal courts across the country. He handles all aspects of litigation, from developing case strategy, conducting discovery, engaging in dispositive motion practice, challenging class certification, conducting trials, and briefing and arguing appeals. Adam has successfully litigated and resolved commercial disputes involving allegations of consumer fraud, false advertising, trade secrets violations and other unfair business practices, and breaches of contract. Adam has considerable experience with class actions, including negotiating class action settlements in state and federal courts.

Besides litigating, Adam also gives legal and regulatory advice to clients about industry-specific trade and marketing practices, and he reviews and comments on ads and marketing campaigns before they are released by his clients.

Before joining Dowd Bennett, Adam clerked for the Honorable Jorge A. Solis, Chief Judge (Ret.) of the U.S. District Court for the Northern District of Texas.

Representative Matters

• Adam successfully defended and negotiated a favorable settlement in a series of related class actions filed in federal courts in California, New York, and Missouri against a beverage manufacturer alleging that some products’ labels misled consumers about the products’ ingredients. While overseeing the settlement administration process, Adam uncovered a large number of fraudulent claims being submitted by foreign IP addresses and persuaded the claims administrator and class counsel to eliminate these fraudulent claims from the settlement.
• Adam represented a consumer product manufacturer in a putative class action in the Central District of California alleging that the Terms of Use on the defendant’s website violated California’s Unfair Competition Law and its statute preventing a contract from waiving a consumer’s right to make statements about the seller or the goods. He successfully moved to compel arbitration of the individual claims based on the arbitration clause and class action waiver contained in the website’s Terms of Use.
• Adam also successfully defended and won dismissal of a class action in the Southern District of Florida against a manufacturer challenging a brand’s marketing campaign as misleading and deceptive.
• Adam was part of a team that defended a beverage manufacturer in a Lanham Act suit seeking a preliminary injunction and alleging false advertising based on his client’s Super Bowl commercial. Although the district court denied the requested injunction with respect to advertising, it enjoined certain packaging materials as misleading. The Dowd Bennett team successfully persuaded the United States Court of Appeals for the Seventh Circuit to reverse the trial court’s injunction on product packaging and affirm its denial of an injunction on the challenged advertising.
• Adam represented a wind energy provider in appeals from the Missouri Public Service Commission’s denial of a Certificate of Convenience and Necessity that his client needed to construct a 780-mile interstate electrical transmission project. Adam prevailed in Missouri’s Eastern District Court of Appeals and in the Missouri Supreme Court.