Mr. Simon focuses on complex civil litigation and represents a diverse range of clients based in the United States and Europe. He specializes in fast-paced, high-stakes litigation that often requires rapid action to achieve important business objectives in hotly-contested disputes. Mr. Simon developed this experience in various state courts, federal courts, arbitrations, and appellate tribunals.

Mr. Simon’s primary practice is commercial litigation. Within that broad category, Mr. Simon regularly handles negotiations and disputes involving contracts, construction law, corporate conflicts, membership/shareholder/partnership disputes, trade secrets/intellectual property, restrictive covenants, land use law, zoning law, and state and federal constitutional issues involving corporate entities and businesses.

Mr. Simon also handles personal injury matters on behalf of a variety of his corporate clients, in addition to advising them on matters relating to pre-injury releases, liability waivers, and arbitration clauses.

Education

• Pensacola Christian College, B.A., Prelaw, Spanish Minor, magna cum laude, 2014
• Washington and Lee University School of Law, J.D., magna cum laude, 2017

Experience

• Successfully arguing a case of first impression before the Supreme Court of Appeals of West Virginia involving four certified questions about public employment contract issues
• Obtaining a complete defense verdict before a private arbitrator in a matter involving breach of contract claims totaling over $38 million in alleged damages
• Obtaining a multi-million dollar verdict in a AAA arbitration involving a construction dispute over an insulation factory
• Obtaining a favorable settlement in a JAMS arbitration over a multi-million dollar securities fraud dispute
• Obtaining a favorable settlement in a AAA arbitration over an executive wrongful termination dispute
• Litigating numerous appeals before the Fourth Circuit Court of Appeals and the Supreme Court of Appeals of West Virginia in cases involving breach of contract, arbitration clauses, the Uniform Commercial Code, Constitutional challenges, tax assessment disputes, public-private financing issues, and business zoning matters
• Representing multinational and regional companies in complex commercial and business litigation
• Representing construction industry clients in a variety of disputes, including scheduling and delay claims, defect claims, and payment claims
• Representing clients in litigation involving the constitutionality of legislative and executive actions, substantive due process, procedural due process, equal protection, land use regulations, vested rights, and property tax incentives
• Counseling clients and defending and prosecuting cases on their behalf in land use disputes, including eminent domain, partition, slander of title, specific performance, and breach of contract actions
• Representing clients in insurance coverage and bad faith litigation
• Defending national and regional companies in deliberate intent, toxic tort, premises, and products liability lawsuits

Selected Cases

• Jefferson County Foundation, Inc. v. West Virginia Economic Development Authority, et al., --- S.E.2d ---, 2022 WL 2063006 (2022)
• Jefferson County Vision, Inc., et al. v. City of Ranson, et al., 2022 WL 1164978 (April 20, 2022)
• Bradford v. West Virginia Solid Waste Management Board, 866 S.E.2d 82 (2021)
• Jefferson County Vision, Inc. v. City of Ranson, 2021 WL 4936515 (Oct. 6, 2021)

Distinctions

• Named on the Best Lawyers: Ones to Watch list for Appellate Practice, Commercial Litigation, Insurance Law, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
• Order of the Coif
• Davis Moot Court Competition Administrator, Washington and Lee University Moot Court Board
• Virginia Trial Lawyers Association Award
• Quarterfinalist, N.Y.U. National Immigration Law Competition

Admissions

• West Virginia State Bar
• North Carolina Bar
• United States Court of Appeals for the Fourth Circuit
• United States District Courts for the Eastern, Western, and Middle Districts of North Carolina
• United States District Courts for the Northern and Southern Districts of West Virginia

Memberships

• Defense Research Institute, 2017 - Present; Business Torts & Contract Litigation Special Law Group, Chair, 2025 - Present; Vice Chair, 2022 - 2024
• American Bar Association, 2017 - Present
• Forsyth County Bar Association, 2022 - Present
• Former Member, Latin American Law Student Association

Publications & Presentations

• Author, “Civil Asset Forfeiture in Virginia: An Imperfect System,” Washington and Lee University Law Review
• Lead Articles Editor and Staff Writer, Washington and Lee University Law Review

Community Involvement

• Volunteer, Rockbridge SPCA, 2014 - 2017