Photo of Richard W. Smith

Education

J.D., summa cum laude, Washington and Lee University School of Law; Order of the Coif

B.A., Vanderbilt University

Law Journals

Development Editor, Washington and Lee Law Review

Clerkships

Law Clerk for the Honorable Joseph R. Goodwin, U.S. District Court for the Southern District of West Virginia (1998-1999)

Bar and Court Admissions

District of Columbia Bar

Supreme Court of the United States

U.S. Court of Appeals for the Second and District of Columbia Circuits

U.S. District Court for the District of Columbia Supreme Court of Georgia

Richard is an experienced trial litigator with multiple bench and jury trials to his credit. As co-chair of the firm’s Litigation Group, his practice includes intellectual property, sports, antitrust, securities, 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 Experience

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

  • 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, and capital murder defense
  • Law Counsel, Washington and Lee University School of Law

Affiliations

  • Frequent lecturer on a variety of topics including electronic discovery, effective oral advocacy, early case assessments, and capital murder defense
  • Law Counsel, Washington and Lee University School of Law

Recognitions

  • 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)

News & Insights