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Sylvia E. Simson

Sylvia Simson is a litigator with a diverse practice focused on a broad range of complex commercial litigation as well as mass torts, product liability, life sciences, environmental, and financial services matters.

Ms. Simson has litigated matters concerning a variety of issues, including complex contractual disputes, alleged fraud and/or conspiracy claims, purported toxic exposure claims (involving various forms of chemicals or dust as well as asbestos), failure to warn allegations, business torts, bankruptcy, insurance coverage, indemnity and contribution claims, breach of fiduciary duty allegations, purported product defects, stock purchase agreements, stock options, exit rights, royalties, and alleged False Claims Act violations.  Her experience spans a wide range of industries, including the consumer products, energy, chemicals, technology, healthcare, financial services, insurance, fashion, and building materials sectors.

Ms. Simson has counseled both companies and individuals in cases across the country, is experienced both in trials and appeals, and has deep experience with multi-district litigation, class actions, and the coordination of related actions in both federal and state courts.  She also has significant brief-writing and oral advocacy experience and has drafted and argued both discovery and dispositive motions in federal and state courts.  In addition, Ms. Simson has experience providing counsel in transactional and regulatory contexts, advising on risk mitigation and preparedness best practices, and developing coordinated defense strategies integrating business, media, regulatory, and litigation dimensions.

Concentrations

  • Commercial litigation, including both trials and appeals
  • Products liability litigation, including MDLs and the coordination of related cases in federal and state courts
  • Class actions in federal and state courts
  • Life sciences and healthcare litigation
  • Environmental litigation, including alleged exposure litigation
  • Financial litigation
  • Investigations

Capabilities

Experience

  • In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, MDL 2179 (E.D.La.): Represented Seacor Holdings, Inc., O’Brien’s Response Management, and National Response Corporation in connection with various claims stemming from the Deepwater Horizon oil spill. Won motion to dismiss negligent firefighting class action as well as the related Fifth Circuit appeal. Won summary judgment motion dismissing tens of thousands of exposure claims on derivative immunity and preemption grounds.°
  • Ashland LLC et al. v. The Samuel J. Heyman 1981 Continuing Trust for Lazarus S. Heyman, et al., No. N15C-10-176 EMD (Del. Super. Ct.): Represented former shareholders of a chemical company and a special purpose entity in a complex dispute arising out of a $3.2 billion stock sale involving breach of contract, fraud, and contribution claims under the New Jersey Spill Compensation and Control Act.°
  • Novartis International Pharmaceutical AG v. Incyte Corporation, No. 1:20-CV-00400-GHW (S.D.N.Y): Represent Novartis in a complex contractual dispute arising out of a Collaboration and License Agreement and royalties owed with respect to sales of licensed pharmaceutical products.
  • Forst et al. v. Long Island Power Authority (LIPA) and Public Service Electric and Gas Company Long Island (PSEGLI), No. 016075/2014 (N.Y. Sup. Ct., Suffolk County): Represent LIPA and PSEGLI in a complex dispute and purported class action arising out of the installation of electric utility poles, with allegations involving alleged property damage and purported environmental exposure.
  • In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL 2846 (S.D. Ohio) and In re Davol/C.R. Bard Hernia Mesh Multi-Case Mgmt., No. PC-2018-9999 (R.I. Super. Ct.): Represent Davol, Inc. and C. R. Bard, Inc. in connection with various federal and state court claims relating to its hernia mesh products.
  • In Re: Bard IVC Filters Products Liability Litigation – Various Remanded Cases: Represent Bard Peripheral Vascular, Inc. and C. R. Bard, Inc. in various product liability cases remanded from the MDL involving inferior vena cava (“IVC”) filters.
  • In re Lipitor (Atorvastatin Calcium) Marketing, Sales Practices and Products Liability Litigation, MDL 2502 (D.S.C.): Represented Pfizer in thousands of actions alleging that Lipitor caused claimants to develop type 2 diabetes. Successfully excluded Plaintiffs’ general causation experts and won summary judgment motion dismissing all claims, both upheld on appeal.°
  • Ashland LLC et al. v. G-I Holdings Inc. et al., No. MRS-L-2331-15 (N.J. Super. Ct., Morris County): Represented Standard Industries and its affiliates in a complex declaratory judgment and breach of contract case relating to responsibility for the remediation of a Superfund site.
  • Alternative Medicine & Pharmacy, Inc. v. Express Scripts, Inc. et al., No. 4:14-CV-01469 (E.D. Mo.): Represented Express Scripts in a breach of contract jury trial in St. Louis and won a full defense verdict.°
  • Gilbert v. Exactus, Inc. et al., No. 1:19-CV-05786 (E.D.N.Y.): Represented Exactus in a commercial dispute with the former Chairman of the company’s Board involving purported stock options.
  • In re Oxbow Carbon LLC Unitholder Litigation, No. 12447-VCL (Del. Ch.): Represented private equity firm Crestview in a contractual dispute involving its exit from an investment in a portfolio company.°
  • Campos et al. v. BP Products North America, Inc. et al., Nos. 13-CV-8376, 13-CV-8499, 13-CV- 9038 (N.D.Ill.): Represented KCBX Terminals Company and Koch Carbon, LLC in a class action relating to the handling of petroleum coke and coal at transfer terminals in Chicago.°
  • Kathleen McKissick v. Borg Warner Corp., et al., L-232-13 (N.J. Super. Ct., Middlesex County): Represented Colgate in an alleged asbestos exposure personal injury action.°
  • United States v. Toyobo Company, Ltd. et al., No. 1:07-CV-1144 (D.D.C.): Represented Toyobo in False Claims Act litigation relating to fiber used to manufacture ballistic fabric in bullet-resistant vests.

°The above representations were handled by Ms. Simson prior to her joining Greenberg Traurig, LLP.

  • Judicial Intern, Hon. Jerome Feller, U.S. Bankruptcy Court for the Eastern District of New York, 2007

Credentials

Education
  • J.D., Brooklyn Law School, 2009
    • Executive Articles Editor, Brooklyn Journal of International Law
    • Moot Court Honors Society
  • B.A., cum laude, New York University, 2006
Admissions
  • New York
  • Texas
  • Supreme Court of Texas
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Fifth Circuit
Languages
  • French, Fluent