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DIRECTOR
Nikki Lewis Simon advances her cross-industry clients’ business objectives by protecting their capital, whether human, intellectual or investment, against labor and employment law claims, including claims for race, sex, age and gender
discrimination, hostile work environment and retaliation, and in employment-related matters, including the negotiation and defense of employment, non-complete and non-solicitation agreements. Nikki also has broad experience
representing these and other clients in complex commercial litigation matters that span the full panoply of issues targeting businesses’ corporate character and brand, like claims for defamation, fraud and misrepresentation, professional negligence and malpractice, breach of fiduciary duty, securities law violations and wrongful death, to name only a few areas of experience. Nikki has an uncommon ability to connect with -- and think like -- the every-day Trier of fact, identify the themes and practical, common sense arguments that affirm their views, and then craft and execute litigation strategies that present complex legal concepts and difficult fact issues in ways that help her clients. Nikki also has wide-ranging experience prosecuting matters with less-than-stellar facts (or law) and identifying creative, unique tactical options that help level the playing field in ways that tend to advance her clients’ objectives.
Areas of Concentration
- Labor & Employment Litigation
- Securities Litigation/Financial Services Litigation
- Real estate Litigation
- Professional Malpractice and Negligence
- Wrongful Death Defense/Premises Liability Litigation
- Defamation, False Light, Right to Privacy Litigation
- Public Records/Public Access Litigation
Significant Representations
• Labor & Employment Litigation
- Defended Fortune 500 transportation logistics and fleet management company and select affiliates against Title
- VII and state law discrimination charges brought by employees, including in union shops.
- Advised Fortune 500 transportation logistics and fleet management company and select affiliates on proper
- scope of its immigration compliance program in light of increased government oversight of employer Form I-9
- compliance, auditing and reporting.
- Defended professional employment agreements, including enforcement and defense of non-compete and nonsolicitation
- agreements.
- Represented NAACP, as local counsel for its Florida State Conference, and certain state government employees
- in claims for race discrimination, hostile work environment and retaliation.
- Defended second largest global recorded music company in action for alleged violation of Title VII and state antidiscrimination
- laws against hostile work environment based on sexual harassment and quid pro quo sexual
- harassment.
• Securities Litigation/Financial Services Litigation
- Defended major financial services company against actions brought by public employee pension funds and
- retirement plans for breach of fiduciary duty, professional negligence, fraudulent misrepresentation and
- negligence misrepresentation.
- Defended international banking institution against claims brought by investors for diminished returns on
- investments allegedly caused by institution’s failure to disclose the nature of investments, alleged conflicts of
- interest, material misrepresentations and/or material omissions.
- Represented major banking institution in investigation and civil prosecution of bank teller and depositor in
- conspiracy to convert funds, including cooperative work with the Office of the Comptroller of Currency.
- Represented major banking institutions in its role as trustee in trust and estate (probate) litigation against claims,
- including, but not limited to, breach of fiduciary duty.
• Wrongful Death Defense/Premises Liability Litigation
- Represented major banking institution in premises liability case resulting from commercial depositor/customer
- death during after-hours ATM use.
- Defended premier mortgage and loan servicing subsidiary of financial conglomerate in premises liability case
- resulting from minor’s death on grounds of foreclosed home.
• Professional Malpractice and Professional Negligence
- Defended accounting firm in accounting malpractice action brought by bankruptcy trustee of former audit client
- and audit client’s affiliates, including medical imaging centers, for accounting firm’s alleged violations of GAAS,
- GAAP, aiding and abetting audit client’s breaches of duties and related claims.
- Represented major top tier accounting firm in accounting malpractice action, a significant component of which
- included "Know Your Customer" rules and AML provisions.
• Real Estate Litigation
- Defended more than half a dozen real estate developers in hundreds of state and federal court cases brought by a myriad of corporate and private buyers representing more than $1 billion of developed projects against claims for violations of state and federal securities laws, the Interstate Land Sales Full Disclosure Act (ILSA), the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), and other state and local laws and regulations.
- Represented major banking institution in commercial foreclosures throughout the state of Florida.
- Represented, successfully, private equity lenders in multiple commercial foreclosures in economically-depressed real estate market.
Professional & Community Involvement
- Member, American Bar Association, Labor & Employment Law, Litigation Sections
- Member, The Florida Bar, Federal Court Practice Committee
- Member, U.S. District Court for the Southern District of Florida's Standing Black History Month Committee
- Board of Directors, Women's Chamber of Commerce of Miami-Dade County
- Board Member, Gwen S. Cherry Black Women Lawyers Association
- Charter Member, South Broward Alumnae Chapter, Delta Sigma Theta Sorority, Incorporated
- Liaison, Women's Initiative
- Steering Committee, 2011 Women's Business Forum (Chicago)
- Steering Committee, 2012 Women's Business Forum (South Florida)
- Co-Career Development Liaison, Greenberg Traurig Miami, Associate Development Program
- Board of Trustees, Mercy Hospital (2009-2011)
- Secretary and Board Member, The Fountain of New Life (2007-2011)
Awards & Recognition
- 2012 Women Worth Watching Award Winner, Profiles in Diversity Journal
Articles, Publications & Lectures
Articles
- Quoted, "Diversity - Law Firms Promoting Minorities, But Not Enough for Some," Daily Business Review, April 22, 2009
Lectures
- Faculty Leader, Navigating the Politics of Law Firm Life, Corporate Leadership Forum Academy, NBA, Baltimore, MD, August 2011
- Presenter, How Building a Book of Business is Power, GT's Miami Office Women's Initiative Quarterly Meeting, Miami, FL, July 2011
- Co-Presenter, Social Media in the Workplace, "Friend or Foe?," Client Presentation, Juno Beach, FL, June 2011
- Panelist, Networking and Business Development: A Few of Your Most Favorite Things, Minority Corporate Counsel
- Association, New York, NY, November 2010
- Co-Presenter, Capitalizing on Your Strengths & Differences, South Florida BLSA Summit, Coral Gables, FL, November 2010
- Panelist, Climbing the Ladder of Success in Stilettos, The Fountain of Pembroke Pines, Inc., Pembroke Pines, FL, September 2009
Education
J.D., cum laude, University of Miami School of Law, 1999
- Member, University of Miami Law Review
- Member, Moot Court Board
B.A., cum laude, Journalism, Florida A&M University, 1994
- Reporter, The FAMUAN
- DJ, WANM 90.5 FM The Voice of Florida A&M University
Admitted to Practice
- Florida
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
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