Nathan M. Smith

Nate is a trial lawyer with experience in a broad range of commercial litigation matters.  His practice includes representing companies in a range of business disputes involving breach of contract claims, business torts and consumer class action proceedings. Nate also defends accountants and accounting firms against malpractice allegations, represents officers and directors in corporate control disputes, represents creditors and distressed asset purchasers in chapter 11 bankruptcy proceedings and represents insureds in coverage disputes. He also defends consumer product manufacturers against product liability claims. His experience includes direct and cross-examination of witnesses in open court, including federal court trials, jury trials and adversary proceedings.  He also has extensive experience taking and defending depositions of fact and expert witnesses.

Nate's specific experience includes:

• Successfully briefing and arguing motions to dismiss class action claims
• Successfully briefing and arguing a motion for relief from the automatic stay in a Chapter 11 filing because the petition was filed in bad faith
• Successfully preparing clients for testimony before the Securities and Exchange Commission arising out of audit services provided to a publicly traded company
• Obtaining a favorable jury verdict for a client in a multi-million dollar wrongful death product liability action
• Successfully representing a secured creditor with an interest in a major motion picture franchise and obtaining rights to that franchise for the client in a credit bid at auction
• Successfully dismissing a case for discovery misconduct brought by an abusive domestic partner claiming an interest in a a pro bono client's home
• Successfully appealing an order dismissing claims brought by a pro bono client against defendants selling disguised sale-leaseback transactions to distressed homeowners

Related Employment

• Latham & Watkins L.L.P., Litigation Department, Associate Attorney, 2007 - 2010
• Snell & Wilmer L.L.P., Summer Associate, 2003, Associate Attorney, 2004 - 2007