WHITNEY M. SMITH
Special Counsel
(973) 503-5923 (973) 503-5923
WHITNEY M. SMITH Special Counsel
Whitney Smith’s practice focuses on complex commercial litigation and consumer class action defense.  Whitney frequently defends clients faced with claims under the Telephone Consumer Protection Act (TCPA).  She also regularly litigates contract, consumer protection, tort and state common law claims in state and federal courts.  In addition to litigation, Whitney has experience representing clients in arbitrations, as well as in investigations before governmental and regulatory bodies.  She regularly advises clients on litigation risk and strategy, as well as all facets of e-Discovery.

Whitney has worked on high stakes litigations with billions of dollars at issue.  Her outstanding communication skills allow her to clearly and effectively address issues with the court, clients and adversaries.  Whitney consistently dedicates herself to staying abreast of the changing legal landscape and developing creative arguments for clients in order to zealously advocate for their interests.

Whitney’s prior experience includes work as an attorney with American Express, where she provided counsel on transactional and regulatory matters.  She also gained experience related to privacy and data security issues.  As a result of this experience, Whitney is sensitive to clients’ commercial and business needs and also able to advise them on how to proactively protect themselves from litigation risk.
 
TCPA

Defending numerous clients in putative class actions alleging claims under the TCPA, including:
 
  • Defeated class certification in a TCPA action against an ice cream manufacturer where plaintiff sought to certify a class of more than half-million persons.

  • Defended national testing laboratory in a TCPA fax case that resulted in plaintiff withdrawing motion for class certification and class allegations.

  • Part of the team that successfully defended award of summary judgment in a multi-district TCPA class action on appeal to the Fourth Circuit, which addressed the substantive law regarding TCPA third-party liability claims.

  • Defend various entities in the dining and entertainment industries in TCPA claims related to use of text messages.

Commercial Litigation

Secured dismissal of claims under state statutory and common law interference claims for website security solutions provider.

Won dismissal of fraud claims asserted against publicly-traded biopharmaceutical company.

Won dismissal of common law claims against real estate company arising from CMBS auction of mortgaged property.

Defend major fashion designer and retailers in Central District of California arising out of copyright and Lanham Act claims, as well as common law trademark and unfair competition claims.

Defended major credit rating agency in a series of litigations arising out of ratings on structured finance securities against various claims asserted by private litigants as well as state attorneys general.

Defended holding company against thousands of individual suits asserting mass tort and vicarious liability claims.
 

About

Whitney Smith’s practice focuses on complex commercial litigation and consumer class action defense.  Whitney frequently defends clients faced with claims under the Telephone Consumer Protection Act (TCPA).  She also regularly litigates contract, consumer protection, tort and state common law claims in state and federal courts.  In addition to litigation, Whitney has experience representing clients in arbitrations, as well as in investigations before governmental and regulatory bodies.  She regularly advises clients on litigation risk and strategy, as well as all facets of e-Discovery.

Whitney has worked on high stakes litigations with billions of dollars at issue.  Her outstanding communication skills allow her to clearly and effectively address issues with the court, clients and adversaries.  Whitney consistently dedicates herself to staying abreast of the changing legal landscape and developing creative arguments for clients in order to zealously advocate for their interests.

Whitney’s prior experience includes work as an attorney with American Express, where she provided counsel on transactional and regulatory matters.  She also gained experience related to privacy and data security issues.  As a result of this experience, Whitney is sensitive to clients’ commercial and business needs and also able to advise them on how to proactively protect themselves from litigation risk.
 

Experience

TCPA

Defending numerous clients in putative class actions alleging claims under the TCPA, including:
 
  • Defeated class certification in a TCPA action against an ice cream manufacturer where plaintiff sought to certify a class of more than half-million persons.

  • Defended national testing laboratory in a TCPA fax case that resulted in plaintiff withdrawing motion for class certification and class allegations.

  • Part of the team that successfully defended award of summary judgment in a multi-district TCPA class action on appeal to the Fourth Circuit, which addressed the substantive law regarding TCPA third-party liability claims.

  • Defend various entities in the dining and entertainment industries in TCPA claims related to use of text messages.

Commercial Litigation

Secured dismissal of claims under state statutory and common law interference claims for website security solutions provider.

Won dismissal of fraud claims asserted against publicly-traded biopharmaceutical company.

Won dismissal of common law claims against real estate company arising from CMBS auction of mortgaged property.

Defend major fashion designer and retailers in Central District of California arising out of copyright and Lanham Act claims, as well as common law trademark and unfair competition claims.

Defended major credit rating agency in a series of litigations arising out of ratings on structured finance securities against various claims asserted by private litigants as well as state attorneys general.

Defended holding company against thousands of individual suits asserting mass tort and vicarious liability claims.
 
Publications
June 24, 2019 | Client Advisories
Kelley Drye Client Advisory