Washington, District Of Columbia 20005
practice focuses on litigation, including intellectual property disputes, commercial litigation, regulatory matters, and other complex litigation matters at the trial and appellate levels. He has extensive argument experience before both trial and appellate courts and has argued in most of the U.S. Courts of Appeals, including the D.C. Circuit and the Federal Circuit. In 2013, he was recognized by Law360 as a "Rising Star" in appellate litigation. John has been to trial multiple times, where he has examined expert and fact witnesses. Representative clients include Abbott, B. Braun Medical, Charter Communications, Cisco Systems, Inc., C.R. Bard, IBM, POET LLC, Siemens, Teva Pharmaceuticals and Verizon.
From 2006 to 2009, John served in the U.S. Department of Justice. As Deputy Associate Attorney General, he was responsible for helping to oversee much of the government's civil litigation and reviewing proposed settlements of multi-million dollar civil cases brought by or against the government. As the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division, John supervised over 100 attorneys charged with defending the constitutionality of federal statutes and regulations, representing the diplomatic and national security interests of the United States in court, and conducting significant Title VII, personnel, social security, Medicare and Medicaid-related litigation. John worked with counsel from virtually every federal agency on complex civil litigation matters and personally directed significant cases defending the government's interests, arguing more than 20 cases in federal court. In February of 2009, John was awarded the Office of the Secretary of Defense Medal for Exceptional Public Service for his leadership in defending the Department of Defense in lawsuits challenging the detention and trial of enemy combatants captured abroad by United States Armed Forces.
John was previously an associate with Kirkland from 2003 to 2006. While on leave from the Firm, he served as special counsel to the U.S. Senate Committee on the Judiciary for the nomination of Chief Justice Roberts. Prior to joining the Firm, John was a law clerk for Justice Antonin Scalia of the U.S. Supreme Court and Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit.
While at Kirkland, John has also provided legal counseling and representation for individuals and organizations on a pro bono basis, including arguing a habeas petition on behalf of a defendant convicted of capital murder, and submitting FOIA requests on behalf of a civil rights organization.
|Areas of Practice||1) Litigation, 2) Intellectual Property, 3) Appellate Litigation, 4) Antitrust & Competition, 5) Commercial Litigation and 6) Data Security & Privacy|
|Law School||Harvard Law School, J.D., 2001 magna cum laude|
|Education||North Carolina State University, B.S., Chemical Engineering; B.A., Multidisciplinary Studies, 1996 summa cum laude|
|Bar Member / Association||State bar of District of Columbia,State bar of North Carolina|
|Most recent firm||Kirkland & Ellis LLP|
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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.