Olshan Law: Attorney Profiles: Howard J. Smith, III

HOWARD J. SMITH, III
Partner / New York

Mr. Smith is an experienced business litigator with multiple first and second chair trial experience. His notable achievements include winning a breach of contract dispute in New York state court, receiving a defense verdict in a two week jury trial in California state court, obtaining a TRO in a video gaming dispute on behalf of a leading digital entertainment company and securing dismissal of all claims against a bank related to an investment property held in a custodian account.

He has significant experience in arbitration and mediation and has been instrumental in obtaining favorable resolutions by means of alternative dispute resolution proceedings and pre-litigation settlements on behalf of a growing number of clients.

REPRESENTATIVE MATTERS
• Defending series of related state and federal lawsuits involving guaranties arising from over $1 billion real estate portfolio.

• Defeated motion for preliminary injunction in trademark action.

• Won decision in the United States District Court for the Southern District of New York defeating mezzanine lender's motion for summary judgment on guaranty against investor in real estate development.

• Successfully representing purchaser of a family of companies in seeking contractually allowed price adjustment under purchase agreement.

• Secured favorable resolution for minority partner in Buy/Sell dispute in real estate development partnership.

• Successfully resolved two guaranty lawsuits against investor in $97.6 million multi-family residential real estate project.

• Won arbitration for major investment bank in FINRA arbitration regarding bond pricing.

• Advising Fortune 200 Company in connection with investigation and potential criminal prosecution of fraud ring.

• Representing Board nominees in publicly traded proxy contest.

• Successfully representing petitioning creditors in involuntary bankruptcy of publicly traded company.

• Successfully represented hedge fund in federal court action over break-up fee in $75 million financing deal.

• Defending Fortune 100 company in multi-district toxic tort litigation.

• Securing temporary restraining order and preliminary injunction preventing termination of a multi-million dollar intellectual property license.

• Winning verdict in a bench trial in a state breach of contract dispute.

• Obtaining verdict for plaintiff in two-day trial in state court action for unpaid sales commissions.

• Representing minority partner in successful prosecution of a partnership dissolution dispute before the AAA.

• Successfully resolved bankruptcy adversary proceeding against national television personality.

• Representing majority shareholder of publicly traded company in federal securities and corporate governance dispute with management.

BAR ADMISSIONS
2000, New York
2002, U.S. District Court, Eastern District of New York
2002, U.S. District Court, Southern District of New York
2003, U.S. District Court, Western District of New York

MEMBER
New York City Bar Association
Arbitrator: New York City Civil Court