Mr. Smith is a partner in the Litigation group. He has a wide-ranging litigation and counseling practice which has involved him in civil jury and non-jury cases at all levels of federal and state courts, the U.S. Bankruptcy Court and the U.S. Tax Court; regulatory proceedings in contested matters; and evidentiary hearings in a variety of arbitral and industry forums.
Mr. Smith's representations generally concern complex commercial matters in the securities, trade secrets, intellectual property and bankruptcy areas. A substantial number of his clients are international entities engaged in disputes involving a number of U.S. and foreign jurisdictions. Mr. Smith also has counseled both individuals and corporations in federal and state grand jury proceedings and in investigations initiated by the Securities and Exchange Commission.
In the intellectual property area, Mr. Smith has successfully prosecuted and defended a number of preliminary injunction and similar emergent relief proceedings involving trademarks, copyrights, design and utility patents and common law trade secrets.
In the area of international law, Mr. Smith has experience in all aspects of transnational litigation, including letters rogatory inquests in the Swiss, UK and French courts; requests for international judicial assistance under 28 U.S.C. §1782; arbitrations under the rules of the International Chamber of Commerce and the London Court of International Arbitration; and the coordination of parallel proceedings in a variety of foreign jurisdictions.
Mr. Smith also has substantial experience in litigating matters arising in connection with bankruptcy and insolvency proceedings, including the full range of contested issues typically encountered by debtors, creditors, distressed asset investors and other constituencies in the bankruptcy courts. In recent years, Mr. Smith has litigated in the bankruptcy courts on behalf of a major global financial institution, a magazine publisher, and a worldwide manufacturer and supplier of high end technology products.
Mr. Smith chairs the firm's Pro Bono committee. He also maintains an active probono practice in his own right and, over the course of his career, has been engaged on scores of pro bono matters of considerable diversity. He has prosecuted a dozen or more claims for political asylum on behalf of detained refugees from Africa, the Middle East, Russia and Latin America, including matters argued to the Board of Immigration Appeals and the U.S. Court of Appeals for the Second Circuit. He has represented a wide range of not-for-profits, including the New York Transit Museum, Society for International Humanitarian Surgeons, Autism Society of America, CSC Repertory, Ltd., and Katonah Village Improvement Society. He also has represented indigents in a variety of civil, landlord-tenant and benefit matters, including two federal jury trials on behalf of prisoners in the New York State corrections system.
Mr. Smith's extensive travel and human rights research in North Africa have resulted in various publications on the politicization of Islam and Islamic justice systems.
Mr. Smith clerked for the Honorable W. Arthur Garrity, Jr. of the U.S. District Court for the District of Massachusetts.