Bio

Doug Smith litigates complex matters before trial and appellate courts. His diverse practice concentrates on antitrust, tax-related class actions, securities, civil and criminal insider trading, data privacy and cybersecurity. Representative matters in which Mr. Smith has been involved include:

  • Credit Acceptance Corporation in obtaining summary judgment on antitrust claims seeking approximately $1 billion in damages arising from the allegedly fraudulent acquisition and enforcement of a patent in the indirect auto lending market. The Daily Journal named the decision one of the Top Verdicts of 2017;
  • JP Morgan Chase in an antitrust class action involving alleged price fixing and other anti-competitive restraints by Visa and MasterCard members;
  • Bank of America in class actions regarding alleged underreporting of home mortgage interest payments on Internal Revenue Service Form 1098;
  • American Apparel in shareholder derivative and proxy solicitation fraud lawsuits and in various corporate takeover matters;
  • Anheuser Busch in a class action alleging misleading advertising of Bud Light Lime, Lime-a-Rita and related products;
  • Jawbone in a trade secret misappropriation and breach of contract lawsuit against Fitbit;
  • a CEO in a high-profile civil and criminal insider trading case;
  • Toyota Motor Sales in litigations regarding allegations of unintended acceleration;
  • Bank of America in appeals regarding the taxation of the bank’s income and fees from its credit card operations;
  • First Energy in class actions regarding alleged misclassification of shareholder distributions on Internal Revenue Service Form 1099-DIV; and
  • HCP in providing litigation advice and strategy in connection with a multibillion-dollar spin-off transaction.

Before joining Skadden, Mr. Smith gained extensive federal government service, including with the White House’s Council of Economic Advisers, the Department of Justice, the FDIC, Freddie Mac, the U.S. House of Representatives and the U.S. Senate.

In 2017, Mr. Smith received the State Bar of California’s Jack Berman Award of Achievement, which recognizes exemplary pro bono service provided by young lawyers. He has spent hundreds of hours each year on pro bono cases, which have involved torts, nonprofit incorporation and tax exemption, immigration, bonds for immigrant detainees, Section 1983 claims, false advertising, contract disputes and the death penalty.

He serves on the nonprofit boards of The Samburu Project, which provides clean water to the Samburu region of Kenya, and Reframe Labs, Inc., which works to develop innovative public schools in Los Angeles. Previously, he co-founded and served as a board member for the nonprofit Global Playground, which seeks to improve education in developing countries.

Credentials

Education

  • J.D., The College of William & Mary, 2006 (Managing Editor, Law Review; Moot Court)
  • M.A., The Catholic University of America, 2003 (International Political Economics; Teaching Assistant in Statistics)
  • B.A., The Catholic University of America, 2002 (magna cum laude; Phi Beta Kappa; NCAA baseball)

Admissions

  • California
  • New York

Associations

  • Board of Directors, The Samburu Project
  • Board of Directors, Reframe Labs, Inc.

Experience

  • Law Clerk, Hon. Beverly B. Martin, U.S. Court of Appeals for the Eleventh Circuit (2010)
  • Law Clerk, Hon. Richard L. Gabriel, Colorado Court of Appeals (2010-2011)
  • Law Clerk, Hon. Monica M. Márquez, Colorado Supreme Court (2011-2012)

Douglas A. Smith