Kevin Smith

Kevin J. Smith is a special counsel in the Labor and Employment and Litigation Practice Groups in the firm’s New York office. Mr. Smith acts as trial and litigation counsel for all types of civil litigation, including employment, commercial, securities, and class action litigation before arbitral forums, state and federal courts, and local administrative and regulatory agencies.

In the labor and employment arena, Mr. Smith routinely represents management in discrimination, harassment, retaliation, whistleblower and compensation disputes in federal and state courts, in arbitrations before the American Arbitration Association and the Financial Industry Regulatory Authority, and in proceedings before various federal and state administrative agencies. Mr. Smith also counsels and advises clients on numerous employment law issues.

In 2005, Mr. Smith was seconded for several months to JPMorgan Chase & Co.’s employment law group, where he litigated employment and compensation disputes; managed outside counsel on certain litigation matters; and advised and counseled business units in connection with litigation and employment issues.

Prior to Mr. Smith’s arrival at Sheppard Mullin, he was special counsel at Kelley Drye. Prior to that, Mr. Smith was an assistant corporation counsel with the City of New York, Office of the Corporation Counsel, where he defended the City of New York in employment discrimination and other civil actions. While there, he tried, as either first or second chair, seven cases to verdict.

Education:

• J.D., Brooklyn Law School, 1997, cum laude
• B.A., State University of New York, Albany, 1992, cum laude

Admissions:

• New York
• U.S. Court of Appeals, Second and Ninth Circuits
• U.S. District Courts, Southern, Eastern, and Northern Districts of New York

Experience:

• Successfully defended New York-based energy commodities broker in a hotly contested dispute with one of its former energy brokers.
• Prosecuting breach of contract and tortious interference claims against former employee and competitor on behalf of international broker-dealer client pending before Financial Industry Regulatory Authority.
• Second chair trial counsel for JPMorgan Chase in billion dollar lawsuit against 11 insurance companies relating to surety bonds on commodities transactions with Enron. A favorable settlement for our client was reached as the jury was deliberating after one-month trial.
• Represented brokerage firm in several regulatory matters and shareholder class action suits for alleged securities fraud, including conducting internal investigation and prepared defense of class action suits.
• Defended life insurer client in action for violations of Title VII and New York Executive Laws for alleged age, race and national origin discrimination.
• Successfully prosecuted action for temporary restraining order and preliminary injunction preventing former employee from breaching client’s non-compete and non-disclosure agreement.
• Successfully defended at three-day evidentiary hearing, Department of Labor claims that client improperly classified employees as independent contractors.

Memberships:

• New York State Bar Association – Member, Executive Committee Commercial and Federal Litigation Section; Chair, Committee on Continuing Legal Education
• Federal Bar Council