Richard W. Smith

Richard is an experienced trial litigator with multiple bench and jury trials to his credit. His practice includes environmental, health care, intellectual property, antitrust, product liability, business tort, and complex commercial litigation. Among other high-profile litigation matters, Richard participated in a multi-billion dollar antitrust bundling litigation, the Florida recount litigation in the aftermath of the 2000 presidential election, the constitutional challenge to the Bipartisan Campaign Reform Act of 2002, and the criminal trial of a Florida man accused of committing first-degree felony murder.

A “BTI Client Service All-Star” (2014), Richard has represented a Fortune 10 retailer in connection with a wide range of litigation and regulatory issues; a Japanese chip manufacturer in defense of criminal antitrust allegations; several significant international companies in internal investigations, Foreign Corrupt Practices Act (FCPA) issues, and anti-corruption efforts; all of the national Republican political party committees in defamation or First Amendment litigation; a professional sports league in intellectual property and personal injury litigation; a number of major pharmaceutical and biotechnology corporations in products liability litigation; and various clients in securities and antitrust litigation.

Representative Matters

• Succeeded on behalf of Republican Party of Idaho in obtaining emergency injunction preventing county Republican committee from endorsing candidates in statewide Republican primary.
• Represented multiple reusable plastic bag manufacturers and a recycling trade association in connection with the California Attorney General's investigation of the plastics industry and in defense of claims of mislabeling under California law and the FTC's Green Guides.
• Represented secondary lead smelter in defense of environmental, occupational safety and health, personal injury, and strict liability claims.

• Represented lead battery manufacturer in the successful defense of multiple personal injury actions arising from alleged lead exposure.

• Advisor to a leading health insurer in a variety of antitrust and breach of contract actions, as well as agency and internal investigations.

• Advise manufacturers and distributors of consumer and industrial goods on product liability, environmental, consumer protection, recall, and product labeling issues.

• Defended leading wire and cable company in complex tax-related civil litigation based on novel purchase-price adjustment mechanism.

• Represented a national automobile association as national intellectual property litigation counsel in trademark and copyright infringement litigation across the United States.

• Managed worldwide corporate restructuring of international client business across 40+ countries on five continents.

• Served as counsel to an independent consultant in residential mortgage foreclosure reviews undertaken pursuant to consent orders between the nation’s largest mortgage servicers and the Office of the Comptroller of the Currency and the Federal Reserve Board.

• Represented the National Football League (NFL), the National Basketball Association (NBA), Madison Square Garden, and several beverage alcohol manufacturers and distributors in connection with alcohol sales policy and litigation matters.

• Represented Tyco International in defense of D&O insurance rescission suits stemming from public allegations of improprieties by chief executives.

• Advised political candidates, trade associations, corporations, and other law firms on federal and state campaign finance statutes and regulations.
• Advised Fortune 20 company in securities litigation stemming from alleged accounting irregularities in corporate acquisition.
• Represented a major international franchisor in connection with FCPA compliance issues.
• Worked with a private equity firm on anti-corruption compliance in developing country markets.

Professional Experience

• Frequent lecturer on a variety of topics including electronic discovery, effective oral advocacy, early case assessments, Toxic Substances Control Act, blockchain/distributed ledger technology, FCPA and capital murder defense.
• Law Counsel, Washington and Lee University School of Law

Recognitions

• Included in Benchmark Litigation guide as a "Litigation Star" (2023)
• Recognized by Euromoney Expert Guides as one of the TOP 30 Litigation Experts in the United States (2019-Present)
• Named a “BTI Client Service All-Star” (2014)
• Included in Euromoney’s Benchmark Litigation guide as a “Future Star” (2010)
• Named by Lawdragon as one of America’s “Leading Lawyers” (2008)