Jessica Simon

Jessica Mickelsen Simon

Of Counsel She / Her / Hers
Los Angeles

Jessica’s practice focuses on a wide range of complex commercial litigation and insolvency matters during all stages of proceedings in state, federal, and bankruptcy courts, with an emphasis on creditors' rights and distressed debt. Jessica has substantial experience representing commercial lenders/financial institutions, commercial landlords, including shopping center landlords, and asset managers, in national and local matters. She also has represented the FDIC-Receiver in cases involving failed banks, and represents various commercial entities in arbitration and mediation. Jessica co-leads the firm's Distressed Digital Assets team, and more recently has been advancing the firm's green commercial lease initiatives.

Jessica has represented and advised clients in restructuring, liquidations, collateral receiverships, collateral recovery, foreclosure sales, contract, fraud, and guarantor disputes, single asset real estate cases, and bankruptcy risks in mortgages/deeds of trust, executory contracts, leases, fraudulent conveyances, and preference actions.

Experience 

Representative Matters

  • Represents commercial landlords in local and national retail bankruptcy cases under Chapters 11, 13, and 7, including in Ascena, Alex and Ani, A'Gaci, Cinemex, JC Penney, L'Occitane, Forever 21, Tailored Brands, Claire’s, Radio Shack, Lucky Brand, Brooks Brothers, J. Crew, Payless, Pier One, Sears, Solstice Sunglasses, Fresh Acquisitions, GBG USA, The Paper Store, Sur La Table, NPC International, Retailwinds, Tuesday Morning, CEC Entertainment, GNC, and 24 Hour Fitness, among other national retail insolvency cases.
  • Represents numerous national lenders, equipment lessors, and other creditors in various disputes involving distressed debt with out-of-court workouts and resolutions and in state, federal, and bankruptcy courts.
  • Represents a timeshare company and financial institutions in dozens of arbitrations pending in AAA and JAMS through final hearings, including supervising and assisting with the management of dozens of arbitrations.

Professional Highlights

Pro Bono Experience

  • Authored Model Law on Green Commercial Leases as part of the Legal Pathways to Deep Decarbonization (LPDD). The project was peer reviewed by Richard J. Sobelsohn, who is a LEED Accredited Professional, Green Globes Professional, and an adjunct faculty member at Columbia Law School. The LPDD Model Law - Green Commercial Lease Legislation, and Introductory Memorandum, may be accessed at the following links: https://lpdd.org/resources/lpdd-model-law-green-commercial-lease-legislation/ and https://lpdd.org/new-lpdd-model-law-on-green-commercial-leases/

  • In coordination with Tahirih Justice Center, represented a client with obtaining asylum in the United States, 2021-2023
  • Panelist, “Working with Pro Bono Attorneys,” 2021 General Assembly of the World Coalition Against the Death Penalty, plenary session, June 18, 2021
  • In coordination with the Advocates for Human Rights and partner organizations, drafted Stakeholder Report on a three-person team for the United Nations Universal Periodic Review for the United Republic of Tanzania, 39th Session of the Working Group on the Universal Periodic Review, October – November 2021

Judicial Clerkships

Hon. David Alan Ezra, U.S. District Court for the District of Hawaii, 2006-2007

Hon. Mary Ellen Barbera, Maryland Court of Special Appeals, 2005-2006

Professional Activities

By appointment, member of the Insolvency Law Committee, Business Law Section of the State Bar of California, and Publications Subcommittee 2017-2021

Speaking Engagements

Roundtable Leader, "Cryptocurrency & Bankruptcy," Innovating Commerce Serving Communities (ICSC) Conference, Orlando, Florida, October 28, 2022

Panelist, “Where Are We Now? The Evolution of Retail Insolvency Cases,” U.S. Shopping Center Law Conference, October 30, 2015

Credentials 

Education

American University, Washington College of Law (J.D., cum laude, 2005)

University of Michigan (B.A. 2000)

Admissions

California

Hawaii

Maryland

U.S. District Court for the District of Hawaii

U.S. Bankruptcy Court of Hawaii