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Mr. Smith is a senior partner in the Business Litigation Group. His practice includes national litigation with particular concentration in securities, antitrust/trade regulation and other complex commercial cases. In addition to trying cases and arguing appeals, Mr. Smith is experienced in the supervision and management of large cases. He is also well versed in various forms of alternative dispute resolution, including arbitration and mediation, and maintains an active counseling practice designed to help clients avoid and/or minimize litigation risks.
In securities matters, Mr. Smith has defended broker-dealers, securities issuers, and directors and officers of such issuers in connection with suits involving the equity, fixed income and derivatives markets. He is experienced in litigating claims arising under Sections 11 and 12 of the '33 Act, Sections 9, 10(b), 14, 16 and 20 of the '34 Act, Section 206 of the Advisers Act, and a variety of other federal and state statutes and the common law. He also represents clients who are the subject of investigations conducted by the SEC and/or self-regulatory organizations.
Mr. Smith has litigated a number of important antitrust cases involving claims arising under Sections 1 and 2 of the Sherman Act, Sections 2, 3 and 7 of the Clayton Act, Section 5 of the Federal Trade Commission Act and a variety of state law counterparts. The clients in these cases have been both plaintiffs and defendants engaged in a wide variety of industries, including investment banking, chemical manufacturing, health care, ocean shipping, petroleum fueling and refining, and textile manufacturing. He also represents clients involved in grand jury and civil investigations conducted by the government. Finally, Mr. Smith has litigated cases involving consumer lending, employment, intellectual property, health care reimbursement and merger agreements. Many of these cases presented issues of industry-wide significance.
At New York University School of Law, Mr. Smith was an editor of the Law Review and a member of the Order of the Coif. He is a member of the American Bar Association. Mr. Smith is listed in the current editions of The Best Lawyers in America® and Chambers USA: America’s Leading Lawyer for Business. | 