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Jay Smith is a partner in the firm’s commercial litigation, insurance recovery, and antitrust groups. He has represented clients in a wide variety of high stakes commercial lawsuits, including as lead trial counsel for policyholders in complex insurance coverage matters. Mr. Smith has also successfully represented clients in major matters involving long term supply contracts, fraud, trade secrets, false advertising, ERISA, and antitrust. His experience extends to administrative litigation, international arbitrations, and mediation.

  • Numerous successful jury trials for utilities seeking insurance coverage for legacy environmental liabilities.
  • Defense of a major railroad company at trial in a complex commercial lawsuit with claimed damages in the hundreds of millions, concluding with a jury verdict of no liability.
  • Representation of a real estate developer against Donald Trump in fraud litigation regarding development of a casino.
  • Representation of a hospital system and hospital association in antitrust matters.
  • Obtained a preliminary injunction for a leading defense contractor to protect key corporate facilities from a potential security breach.
  • Successfully represented a national building supply wholesaler, as plaintiff, in a trade secret and fraud dispute, leading to resolution at the time of trial.
  • Represented a pension plan and its fiduciaries, who prevailed on summary judgment and on appeal in an ERISA class action.
  • Successfully represented a major telecommunications company at trial, obtaining a judgment dismissing claims of false advertising and awarding relief on the client’s counterclaims.
  • Successful representation of a captive insurer that obtained, by jury verdict, an award against an underlying insurance carrier that had refused to contribute to a securities class action settlement.

Pro Bono

  • Representation of the homeless and groups aiding persons of low income in a variety of matters.
  • Representation of history professor denied tenure in gender discrimination dispute.
  • Representation of Combat Veterans of Iwo Jima in dispute over national monuments.
  • Supervision of criminal defense in association with local public defender’s office.