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Simon Jenner 2017-10-20T15:46:16+00:00

Simon Jenner

General Partner
Direct Dial 404.400.2272
simon.jenner@bakerjenner.com

From his time in senior management, Simon Jenner has developed a comprehensive and nuanced understanding of the many challenges confronting business, from startup through maturity. Simon is experienced in the many areas critical to corporate clients, including business and commercial litigation, trademarking and false advertising, intellectual property, and Food and Drug Law.

From large, publicly traded corporations and major regional players, to startups and mid-sized companies, Simon is expert in deriving concrete and practical solutions. Simon understands that legal advice is part of the larger business decision, and works with clients on understanding their available options so they can make the best choice, scaled to their business, budgets, and objectives.

What you can expect from Simon: Creative solutions, tailored to you and your company to facilitate and secure your business and growth objectives.

Before forming Baker Jenner, Simon was the Chief Legal Officer, General Counsel for both branded and generic pharmaceutical companies. As a key member of senior management, Simon was integral to major asset acquisitions and deal formation, licensing and intellectual property matters, manufacturing and other agreements, and the gamut of issues presented under the Lanham Act that affect trademarking, brand development and management, and product commercialization. Previously, Simon had extensive experience in private practice in representing pharmaceutical, technology, and other clients in false advertising, commercial, and other disputes.

Representative Experience:

  • Business Counseling & Transactions
    • Represented and advised numerous clients on deal formation, corporate governance issues, and licensing and franchise, acquisition, and other matters.
    • Over course of practice have helped client negotiate and close over $350 Million worth of transactions.
    • Transactions include the acquisition of a major prenatal care franchise together with trademarks and other intellectual property, and associated financing.
    • Counseled upon and memorialized major asset acquisitions, and licensing of major intellectual property and trademarks.
    • Documented joint ventures, manufacturing and supply agreements, research and development, and other significant commercial contracts.
    • Counseled on the acquisition and revival of several leading trademarks in women’s health and nutrition.
    • Executive contracts and enforcement.
  • Significant Litigation
    • Secured significant settlement and consent judgment in unfair competition and false advertising case, causing discontinuation of major industry competitor’s market leading product.
    • Successful defense of Lanham Act case prosecuted by global top 10 pharmaceutical company.
    • Case involving cross claims for false advertising and unfair competition resulted in successful license of a key intellectual property asset to client.
    • Counterclaims and litigation strategy in Lanham Act case resulted in profitable asset sale in favor of client.
    • Represented leading software company in defending against copyright infringement allegations from NASDAQ 100 company.
    • Represented NASDAQ 100 company in complex litigation on breaches of fiduciary duty following large asset acquisition.
    • Guided and represented leading builders, developers, and others in workouts and implementing effective liability management and corporate exiting solutions.
    • Represented regional agent and director for Fortune 100 company in cases, business transactions, and other matters.
    • Represented Fortune 100 financial institutions in creditor rights and commercial claims.
    • Successfully represented client in allegations of RICO violations and fraud, securing a $13 million judgment.
    • Represented major shareholder in suit over securities and accounting fraud allegations arising within context of the acquisition of target software company by Fortune 100 company.
    • Successfully defended real estate investment company and its directors against multimillion dollar lawsuits for breaches of fiduciary duty, fraud and RICO violations, and protected the closing of a multi-million-dollar real estate transaction.
    • Expert deposition of Fortune 10 Bank and aggressive briefing led to full recredit of significant account.
    • Briefing in shareholder action of critical importance to Ohio real estate market enjoined misappropriation of corporate assets.
    • First Amendment brief that overturned Canon 7(c) of Ohio’s Canons of Judicial Conduct which unconstitutionally restricted judicial candidates’ First Amendment speech rights.
  • Regulatory
    • Successfully challenged the right and jurisdiction of the Small Business Administration to make binding determinations on small business user fee waiver for pharmaceutical and other companies falling under the U.S. Food and Drug Administration.
    • In subsequent proceeding, successfully secured small business waiver before FDA for client that was previously found to have failed the test for that waiver.
    • Lead internal compliance with drug and promotional law, Lanham Act, and other legislation.
    • Advise senior management on range of issues of critical to balancing regulatory, legal, and litigation risk to help ensure optimal transaction value and smooth product launches.
    • Advise on promotional review committee on various promotional and labeling matters, assisting in the draft of claims, and other related matters.
  • Community, Pro Bono, and Other Representation
    • Stonewall Bar Association, Active Member and Annual Dinner Presentation coordinator.
    • Georgia Bar Association, member of the Health Law, Intellectual Property Law, Corporate Counsel, and Appellate Practice Sections.
    • Formerly member of parish counsel, St. Joan of Arc Parish, Chagrin Falls, Ohio

Practice areas

Education

  • Thomas Backus School of Law, Case Western Reserve University, J.D.
  • Weatherhead School of Management, Case Western Reserve University, M.B.A.
  • Case Western Reserve University, B.A., Summa cum Laude (History, Economics, Classics)

Admissions

  • Georgia state courts
  • U.S. District Court for the Northern District of Georgia
  • Eleventh Circuit Court of Appeals
  • Ohio (inactive)

Honors & Awards

  • Avion Pharmaceuticals, President’s Club
  • Distinguished Advocates Award, Appellate Advocacy; National Moot Court Team, Quarter Finalist; Health Matrix Law Journal, Executive Editor; Phi Delta Phi, Legal Fraternity; Weatherhead Accenture Business Symposium, Co-Organizer; Phi Beta Kappa; Departmental Honors
Publications
  • Jonathan Ringle, ‘Business is Practical,’ Says Entrepreneurial CLO, Daily Report, Jun. 5, 2017
  • General Counsel’s Desk Reference (1st Ed. draft, 2017)
  • Navigating the Headwaters of Intellectual Property Risk in the Pharmaceutical Industry, 9 Int’l In-House Counsel J. 1 (Spr. 2016)
  • How to Know if You Have Been a Victim of Employment Discrimination (Avvo Guides, Oct. 13, 2008)

HOW CAN WE HELP YOU SUCCEED?

PRACTICE AREAS