J.D., summa cum laude, Washington and Lee University School of Law; Order of the Coif
B.A., Vanderbilt University
Development Editor, Washington and Lee Law Review
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.
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.
- 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
- 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)
- Recognized by Euromoney Expert Guides as one of the TOP 30 Litigation Experts in the United States (2019)
News & Insights
- July 3, 2019 | PRESS RELEASEWiley Rein Files Amicus Briefs on Behalf of LGBTQ Employees Suffering from Employment Discrimination
- July 2019 | NEWSLETTER
- May 21, 2019 | ALERT
- May 17, 2019 | ALERTLaw360
- May 7, 2019 | Washington, DC | SPEAKING ENGAGEMENTWhat is the Blockchain and Why it is Critical to the Future of Your Domestic and International Business?IFA Legal SymposiumRichard W. Smith, Speaker
- April 17, 2019 | ALERT
- March 19, 2019 | ARTICLEINSIGHT: Cookie Coupons Rile DOJ Sensibilities, Indicating Possible Uptick in Class Action ObjectionsBloomberg Law
- March 13, 2019 | ARTICLEBloomberg LawRichard W. Smith, Douglas C. Dreier
- February 27, 2019 | PRESS RELEASE
- August 31, 2018 | PRESS RELEASEWiley Rein Files Amicus Brief for National Business Groups Supporting First Amendment Rights of Commercial Speakers
- February 23, 2017 | ARTICLEBusiness and Commercial Litigation in Federal Courts, Fourth EditionThomson Reuters and American Bar Association Section of Litigation
- December 2016 | ARTICLEInternational TradeABA Section of Litigation Business and Commercial Litigation in Federal Courts 4th Edition
- April 2016 | NEWSLETTER
- March 2016 | NEWSLETTER
- March 10, 2016 | ARTICLE
- December 19, 2014 | ARTICLEThe Circuits Agree: Copyright Statutory Damages Are Not Subject to State Farm/Gore Due Process Guidelines for Punitive Damages and Need Not Have Any Real Relationship to Actual DamagesBloomberg BNA’s Patent, Trademark & Copyright JournalThomas W. Kirby, Richard W. Smith
- June 4, 2014 | MEDIA MENTIONLaw360
- May 2014 | ARTICLEThe Metropolitan Corporate Counsel Vol. 22, No. 5Richard W. Smith, Gregory M. Williams
- April 23, 2014 | ALERTSupreme Court’s Recent Daimler AG v. Bauman Decision Could Have Important Effects on Personal Jurisdiction in Suits Against Multistate Corporations
- April 2014 | ARTICLEABA's Corporate Counsel Committee eNewsletterGregory M. Williams, Richard W. Smith
- April 12, 2014 | Los Angeles, CA | SPEAKING ENGAGEMENTThe Ethics Behind Business Compliance: What to Do When Clients Reject Your Advice?ABA Business Law Section 2014 Spring MeetingRichard W. Smith, Panelist
- February 7, 2014 | MEDIA MENTIONHarvard Law School Forum on Corporate Governance
- February 5, 2014 | ARTICLEThe Harvard Law School Forum on Corporate Governance and Financial Regulation
- February 5, 2014 | PRESS RELEASE
- December 11, 2013 | ALERTRichard W. Smith, Stephen J. Obermeier
- April 2013 | ARTICLEThe Metropolitan Corporate Counsel Vol. 21, No. 4Gregory M. Williams, Richard W. Smith
- December 3, 2012 | MEDIA MENTIONThe Metropolitan Corporate Counsel Vol. 20, No. 12
- November 29, 2012 | MEDIA MENTIONUSA Today
- October 9, 2012 | PRESS RELEASE