Jacob B. Simon
Jacob B. Simon
Jacob B. Simon
Biography
Jacob is an experienced trial attorney specializing in ERISA litigation and high-stakes business and commercial disputes. He has experience winning at every stage of a case: he has drafted successful motions to dismiss and motions for summary judgment, defeated class certification, and prevailed in jury and bench trials.
Jacob routinely represents employers, plan sponsors, plan administrators, independent trust companies, and individual fiduciaries and selling shareholders in ERISA class actions. He also handles a wide array of commercial contract and fraud disputes, including disputes arising after corporate mergers or acquisitions. He is a member of BCLP’s Multidistrict Litigation (MDL) and National Coordinating Counsel teams, and is routinely responsible for drafting critical briefs for companies navigating discovery and other pretrial procedures in MDLs.
Prior to joining BCLP in 2019, Jacob was a law clerk to Judge Sarah S. Vance in the Eastern District of Louisiana and an associate in the New York office of Davis Polk & Wardwell LLP.
Civic Involvement & Honors
- Missouri Up & Coming Lawyers, 2023
Admissions
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Missouri, 2019
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New York, 2016
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U.S. District Court, Central District of Illinois
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U.S. District Court, Northern District of Illinois
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U.S. District Court, Southern District of Illinois
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U.S. District Court, Eastern District of Missouri
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U.S. Court of Appeals, Federal Circuit
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U.S. Court of Federal Claims
Education
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Columbia University, J.D., Harlan Fiske Stone Scholar, 2015
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New York University, B.A., cum laude, 2010
Related Capabilities
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Business & Commercial Disputes
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Litigation & Dispute Resolution
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Class Actions & Mass Torts
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Financial Services
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Consumer Fraud
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ERISA & ESOP
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Insurance (Class Actions)
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Pharmaceutical & Medical Devices (Class Actions)
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Class Actions
Experience
Jacob’s representative experience includes:
- Trial counsel on behalf of Fortune 100 company sued under various product liability theories; won complete defense verdict on all claims after jury trial.
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Defense trial counsel on behalf of national landscape product distributor sued for breach of contract; after bench trial, won judgment that damages cap in contract applied to significantly limit the available damages.
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Defeated class certification on multiple occasions in lawsuits involving participants of newly-formed Employee Stock Ownership Plans (ESOPs) asserting ERISA claims that the ESOP overpaid for the employer’s stock. These successful oppositions then led to favorable settlements.
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Won motion to dismiss ERISA and common law breach of fiduciary duty claims on behalf of independent trust company.
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Negotiated favorable settlement for Fortune 500 technology company sued by former employee under ERISA for breach of fiduciary duty.
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Defended Fortune 500 company against claims of breach of contract and fraud arising from corporate acquisition; successfully resolved litigation when plaintiffs agreed to voluntarily dismiss claims ahead of the summary judgment hearing to avoid risk of paying client’s legal fees.
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Won motion to dismiss negligence claims for lack of personal jurisdiction on behalf of corporate officers and directors of frozen food company.
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Won motion to dismiss products liability and breach of warranty claims on behalf of household appliance manufacturer.
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Member of BCLP's briefing team for Fortune 500 company in connection with MDL involving thousands of personal injury claims arising from exposure to widely-available herbicide; successfully quashed or resisted numerous subpoenas directed at various high-level corporate officers and directors.
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