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Monica Smith
Monica Smith
Monica H. Smith
Partner
[email protected]
DETAILS
Practices
Class Actions
General Commercial Litigation
Intellectual Property Litigation
Litigation
Securities and Shareholder Litigation
Trade Secrets
Industries
Food and Beverage
Details
Overview
Overview Admissions & Affiliations Experience News Thought Leadership
Practices
Class Actions
General Commercial Litigation
Intellectual Property Litigation
Litigation
Securities and Shareholder Litigation
Trade Secrets
Industries
Food and Beverage

Overview

Leading energy, technology and consumer product companies rely on litigator Monica Smith to see what opposing counsel does not. In both commercial and IP disputes, Monica’s ability to see each case through the eyes of the jury and judge enables her to outwit and outmaneuver the opposition.

Monica developed her keen sense of perception by guiding clients through dozens of litigations, including commercial litigation such as consumer and competitor false advertising lawsuits, as well as IP litigation including trademark, trade secret, and patent litigation. Outside the courtroom, Monica helps clients avoid or minimize the threat of litigation and class action risk by providing strategic counseling on product labeling and new consumer products.

Monica is also dedicated to her community and maintains an active pro bono practice. As first-chair trial attorney, she secured demolition of a notorious drug house in West Dallas for which she received the D CEO's Nonprofit and Corporate Citizenship Award. She is a Director for the Dallas Women Lawyers Association, where she had led membership efforts for the organization and planned the Annual Gala, and previously served as a Director for the Dallas Young Lawyers Association.

Before joining Baker Botts, Monica served as law clerk to the Honorable Priscilla R. Owen of the United States Court of Appeals for the Fifth Circuit.

Admissions & Affiliations

  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • Dallas Young Lawyers Association
  • Dallas Women Lawyers Association

Education

  • J.D., The University of Texas School of Law 2013
    with high honors
    Notes Editor, Texas Law Review
    Outstanding Civil Procedure Note Award
    Chancellors
    Order of the Coif
  • B.A., economics & government, Georgetown University 2010
    cum laude

Experience

False Advertising Litigation

  • Defended organization against Lanham Act false advertising claims in the Southern District of New York. 
  • Represented beverage manufacturer in class action lawsuit filed in the Southern District of New York and Central District of California challenging the labeling of the company's flavored water.
  • Defended beverage manufacturer in class action litigation filed in the Northern District of California over the company's labeling of its tea product.
  • Defended beverage manufacturer in class action filed in the Northern District of California challenging the labeling and advertising of its ginger ale soda.
  • Represented beverage manufacturer in class action lawsuits filed in the Northern District of California and Southern District of New York challenging the labeling of the company's diet soda, as well as on appeal to Ninth and Second Circuits.
  • Counseled various clients on the labeling of a variety of beverage products, including coffees, waters, and teas.

Intellectual Property Disputes

  • Defended beverage manufacturer in trademark infringement dispute in the Southern District of New York.
  • Represented technology company in trademark infringement action in the Southern District of Texas.
  • Represented national communications technology company in two patent infringement jury trials in the Eastern District of Texas, as well as an appeal to the Federal Circuit.
  • Defended a major telecommunications provider in several different patent infringement lawsuits in the Eastern and Western Districts of Texas.
  • Defended restaurant chain in patent infringement lawsuit in the Eastern District of Texas.

Other Complex Litigation

  • Defended consumer products manufacturer in high-stakes breach of contract dispute in Texas state court.
  • Defended renewable energy company in nuisance action challenging wind energy project in Texas state court, as well as on appeal.
  • Represented energy company in shareholder dispute over the sale of its interest in public utility company in bench trial in Delaware Chancery Court.
  • Represented national communications technology company in trade secrets and breach of contract action in Texas state court.
  • Defended directors of public media company in shareholder class action litigation over merger with another public company.
  • Represented former directors of healthcare company in federal securities class action and state court fraud action.
  • Represented energy company in bench trial of adversary proceeding before the Southern District of Texas Bankruptcy Court.
  • Defended international energy company in trade secrets and tortious interference trial in a hostile local forum.

Pro Bono

  • Served as lead trial counsel for local residents in nuisance action in bench trial in Texas district court, where she obtained a judgment ordering demolition of a notorious drug and prostitution house.
  • Represented local woman in adoption matter.
  • Represented client in real estate dispute.