Benjamin P. Smith

Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.

Mr. Smith represents and defends clients in business tort, misappropriation, breach of contract, and fraud actions. He has both obtained one of the largest contested jury verdicts in the nation ($577 million, affirmed on appeal in Asahi Kasei Pharma Corp. v. Actelion Ltd., et. al., 222 Cal.App.4th 945 (2013)), and successfully defended claims seeking hundreds of millions in damages, including by way of a zero damages defense verdict in a trade secret misappropriation case seeking $301 million. In recognition of Mr. Smith's trial capabilities, he was named one of the Attorneys of the Year for 2011 by The Recorder.

In the biotechnology and medical device industries, Mr. Smith represents both start-ups and leading manufacturers from the United States and Japan in the resolution of licensing and royalty disputes, as well as the defense of claims alleging trade secret misappropriation, violation of California’s Unfair Competition Law (“UCL”), negligence and strict liability. Mr. Smith has specific experience with cardiovascular, endocrine, and ophthalmologic products and treatments.

In the technology and internet industries, Mr. Smith has successfully resolved claims against hardware manufacturers, gaming application developers from the United States and Asia, and online service providers. Mr. Smith recently obtained dismissal of trade secret misappropriation claims against two different social gaming manufacturers, one based in the United States and the other in Japan.

In addition to his experience with complex commercial disputes, Mr. Smith has a background in product liability and has successfully resolved hundreds of personal injury and property damage claims.

Over the past several years, Mr. Smith has lectured on business torts, commercial disputes, damages, and expert witness retention and use in the United States and in Japan.

Mr. Smith earned his J.D., cum laude, from Harvard Law School. He obtained his A.B. in human biology from Stanford University, where he graduated Phi Beta Kappa.

Mr. Smith is admitted to practice in California and before the U.S. District Courts for Northern, Eastern, Central, and Southern Districts of California and the U.S. Court of Appeals for the Ninth Circuit.

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Good to know

Areas of Practice 1) Litigation, 2) Product Liability & Mass Torts, 3) Mass Torts, 4) Commercial Litigation, 5) Technology Industry, 6) Life Sciences and 7) Life Sciences and Healthcare
Law School Harvard Law School, 1998
Education Stanford University, 1995, A.B.
Bar Member / Association State Bar of California
Most recent firm Morgan, Lewis & Bockius LLP
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