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Howard J. Smith

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Honors

  • Howard was named for inclusion to the New York Super Lawyers Rising Stars list, a Thomson Reuters lawyer rating service for lawyers under 40, for 2013 and 2014.

Education

J.D., St. John's University School of Law, 1999

A.B., Vassar College, 1996

Bar & Court Admissions

  • New York, 2000
  • U.S. District Court, Eastern and Southern Districts of New York, 2002
  • U.S. District Court, Western District of New York, 2003
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Howard J. Smith is an experienced commercial counselor and litigator with experience handling complex matters across a broad array of subject matters.

Howard J. Smith is an experienced commercial counselor and litigator with experience handling complex matters across a broad array of subject matters. Howard has substantial first and second chair trial experience as well as experience reviewing, analyzing and drafting contracts, license agreements and settlement agreements for a wide variety of commercial clients.

Howard’s notable achievements for varied clients include winning two breach of contract trials in New York state court, winning a defense verdict in a two-week jury trial in California state court, obtaining dismissal of all claims against his client in a “bet the company” advertising and trademark dispute, and favorably resolving as co-counsel seven litigations arising from real estate investments in excess of $1 billion. Howard also has significant experience in arbitration and mediation and has been instrumental in obtaining favorable resolutions on his clients’ behalf by means of alternative dispute resolution and pre-litigation settlements.

Howard is also a member of Olshan’s Advertising, Marketing & Promotions group and has represented clients in numerous proceedings before NAD and CARU. He has also conducted extensive copy review of TV, Print, Digital and Paid Social Media assets and has successfully represented various brand marketers in connection with regulatory investigations into their advertising.

Professional & Community Affiliations

New York City Bar Association

Arbitrator: New York City Civil Court

Mediation Panel: U.S. District Court, Southern District of New York

  • Successfully represented Fortune 100 financial institution in numerous proceedings before the National Advertising Division (NAD).
  • Conducted extensive copy review of TV, Print, Digital and Paid Social media assets for various brand marketers.
  • Represented leading travel website in connection with investigation into its online advertising.
  • Obtained dismissal of all claims against cosmetic brand in a “bet the company” dispute over its advertising, packaging and trademarks.
  • Negotiated successful resolution of federal investigation into a daily deal site’s email marketing practices.
  • Advised gaming client on modifications to Personally Identifiable Information (PII) practices in order to be compliant with Children’s Online Privacy Protection Act (COPPA).
  • Represented leading comic book/entertainment company in connection with various licensing and intellectual property matters.
  • Representing major online travel website in an NAD challenge brought by its competitor with respect to its advertising.
  • Defending and successfully resolving a 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 after a three-day plenary hearing.
  • 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.
  • Winning partial summary judgment for Fortune 100 entertainment company in dispute with former license.
  • 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 multimillion-dollar 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.
  • Winning a defense verdict in two-week jury trial in California state court.
  • 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 breakup 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 multimillion-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.

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