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| Phone: (212) 808-5102 |
Fax: (212) 808-7897 |
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| Mr. Smith's practice focuses on civil litigation, with concentrations in general and complex commercial, business and class action litigation. His practice entails managing and supervising all aspects of litigations in New York federal and state courts, including trials and trial preparation; conducting discovery and depositions, engaging in motion practice and appellate court practice; directing and participating in settlement negotiation and mediations; conducting hearings before arbitral, administrative and regulatory forums; and counseling and advising clients on various commercial and business-related matters. |
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Representative Experience:
Currently defending major banking and investment services client against suit for breaches of contract and business torts by note holders of bankrupt company and prosecuting claims against third-party defendants. Managing and conducting all aspects of litigation, including depositions, document disclosure, and motion and appellate court practice.
Currently defending multinational information technology consulting company in putative class action for alleged breaches of contract, business torts and violations of state labor laws. Managing and conducting all aspects of litigation.
Currently representing financial brokerage firm involved in several regulatory matters and pending shareholder class action suits for alleged securities fraud, conducted internal investigation, including managing and overseeing attorney team conducting witness interviews, document collection, review and production as part of internal investigation; managing and coordinating responses to various regulatory agency inquiries; and preparing defense of class action suits.
Member of attorney trial team in billion dollar lawsuit commenced on behalf of major banking and financial institution client against eleven insurance companies relating to surety bonds on commodities transactions with Enron. Managed and conducted all aspects of litigation on accelerated schedule, including document review, depositions, motion practice, and trial. During month-long trial, assisted lead trial counsel with preparation for, and second-chaired, direct and cross-examinations of witnesses. Assisted lead trial counsel with preparation for, and second-chaired, closing argument. A favorable settlement for our client was reached during jury deliberations.
Successfully defended, after evidentiary hearings before government agency administrative law judge, government’s claim of non-profit client’s improper employee classification of individuals as independent contractors, eliminating possibility of substantial tax consequences to client.
Assisted in defense of major national electronics retailer in Fair Labor Standards Act suit, obtaining summary judgment on client’s behalf.
Successfully defeated, on behalf of major petroleum company, request for temporary restraining order and preliminary injunction brought under Petroleum Marketing Practices Act.
Lead team of associates in successful defense of pro-bono client accused of an in-flight assault and battery against a flight attendant. A favorable settlement for our client was reached after jury selection. |
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Professional Activities:
New York State Bar Association
American Bar Association
Federal Bar Council |
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Prior Positions:
From 1997 to 2001, Mr. Smith was an Assistant Corporation Counsel with the City of New York, Office of the Corporation Counsel, where he managed all aspects of various civil and employment discrimination litigations against the City of New York. While there, Mr. Smith tried, as either first or second chair, seven cases to verdict. |
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Bar Admissions:
New York, 1998
United States District Courts for the Southern and Eastern Districts of New York
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| Education:
Brooklyn Law School, JD, cum laude, 1997
SUNY - Albany, BA, cum laude, 1992
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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