John Simon heads Cornerstone Research’s Chicago office. Mr. Simon focuses on litigation involving the Employee Retirement Income Security Act (ERISA) and investment management, as well as financial institutions. He has experience in all aspects of litigation, including early-stage case strategy, expert reports, deposition, mediation, and trial. Mr. Simon leads large teams working with multiple experts.
Mr. Simon works on case matters related to defined benefit, defined contribution, and nonqualified plans. He addresses a range of topics, including plan structures, investment management fees, recordkeeping and administrative fees, investment performance, asset allocation, investment selection and monitoring, fiduciary process, investment in company securities, and class certification. His ERISA case experience covers more than one hundred matters, including Pender v. Bank of America, Hecker v. Deere, and Tussey v. ABB.
Mr. Simon’s ERISA expertise includes 401(k) and 403(b) excessive fee matters and litigation associated with investment-related ERISA plans. He has also led teams in cases involving Employee Stock Ownership Plans (ESOPs). These cases have focused on plan structure, valuation issues, and damages.
Mr. Simon addresses numerous issues involving mutual funds, exchange-traded funds (ETFs), separate accounts, collective trusts, hedge funds, and private equity funds. He leads teams on many matters involving claims of excessive mutual fund fees under Section 36(b) of the Investment Company Act of 1940, including Baker v. American Century Investment Management, Inc. and Sivolella v. AXA.
Mr. Simon has analyzed the investment performance and investment strategy of a range of investment products. He has also valued a hedge fund and addressed damages in several mutual fund matters.
In litigation involving financial institutions, Mr. Simon has broad experience:
- Analyzing issues arising in the commercial banking industry, including loan underwriting, loan monitoring, asset-backed lending, regulatory capital requirements, loan loss reserves, credit quality, securities lending, and custody services
- Assessing issues related to securities firms, including capital market transactions, initial public offering (IPO) allocations, agency commissions, transaction due diligence, leveraged buyouts, corporate bond trading and pricing, tracking stocks, and interest rate swaps
- Addressing matters involving insurance companies and their products, such as variable annuities, stable value products, and general account investments
Mr. Simon has addressed class certification, market efficiency, loss causation, materiality, liability, and damages in securities cases involving stocks, bonds, and mutual funds.
Pharmaceuticals and healthcare
Mr. Simon has worked on matters involving alleged breach of contract, valuation, off-label marketing, irreparable harm, and commercial success in the pharmaceutical and medical device industries.
Before joining Cornerstone Research, Mr. Simon worked in the equity research and investment banking groups at FBR & Co. and at Putnam, Hayes & Bartlett Inc.
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Leveraged and Inverse ETFs
36(b) Mutual Fund Excessive Fee Litigation
Allegations of Excessive Mutual Fund Fees
In re Principal U.S. Property Account ERISA Litigation
ERISA Class Certification
- Leveraged and Inverse ETFs
- 36b Mutual Fund Excessive Fee Litigation
- Allegations of Excessive Mutual Fund Fees
- In re Principal U.S. Property Account ERISA Litigation
- ERISA Class Certification
- Brieger et al. v. Tellabs, Inc., et al.
- Market Timing
- Hecker et al. v. Deere & Company et al.
- Baker v. American Century Investment Management, Inc.
- “ERISA Litigation,” 5th Annual Defined Contribution Institutional Investment Association (DCIIA) Public Policy Forum, 3 April 2014