2001 K Street, NW
Washington, DC 20006-1047
A partner in the Litigation Department, Kyle Smith is an experienced trial lawyer who has handled a variety of high-stakes disputes, including antitrust, trade secrets and intellectual property matters; class actions; complex commercial litigation; and administrative law challenges. Kyle works tirelessly to understand how litigation affects his clients’ business and to develop creative recovery and trial strategies, often in their most complex disputes. He has represented defendants and plaintiffs in federal and state trial and appellate courts, as well as in international arbitration.
Kyle has served as trial counsel in six significant trials, arbitrations and administrative law matters in recent years, winning favorable verdicts and outcomes on behalf of major technology, automotive, energy and healthcare companies. He has advised clients on significant competitor disputes and nationwide class actions in matters that touch on antitrust, trade secrets, intellectual property, consumer protection and unfair competition laws. Kyle also regularly advises clients facing government inquiries and regulatory investigations and in related litigation.
Kyle has represented clients in a number of administrative challenges of local legislation or proposed legislation that may significantly impact his clients’ business. He has successfully litigated multiple Article 78 proceedings in New York state court and regularly advises clients on legislative developments and potential legal challenges to such developments in jurisdictions nationwide.
Kyle also regularly represents plaintiff-side clients in a variety of complex commercial disputes and class actions, and has helped guide individual plaintiffs and plaintiff classes to several successful resolutions on the eve of trial.
Kyle’s representative experience includes:
- Defending a major technology company in an antitrust class action brought in California state court asserting Cartwright Act and other state law violations.
- Defending a Fortune 50 corporation in a series of antitrust consumer class actions that challenge certain of the company’s pricing policies and wholesale supplier contracts.
- Defending a major science and technology company in tort and statutory claims brought in various jurisdictions.
- Defending a major consumer electronics company against fraud, business tort, securities and unfair competition claims asserted in California state court by a former manufacturer and distributor that sought over $1 billion in damages; the client prevailed on summary judgment against all claims, and recovered attorneys’ fees and expenses.
- Defending a major science and technology company in a federal court action alleging trade secret misappropriation, breach-of-contract and business tort claims related to the development of self-driving cars; the client reached a favorable settlement in the midst of the jury trial.
- Defending a global energy company in an international arbitration regarding a multimillion-dollar commercial dispute.
- Defending a Fortune 50 corporation in securing the dismissal of a major antitrust lawsuit filed by the D.C. Attorney General challenging the company’s pricing policies nationwide.
- Defending a global energy company in a series of civil actions brought by various state attorneys general asserting claims under consumer protection laws.
- Defending a former art gallery president in 10 lawsuits alleging contract, fraud, and RICO claims arising out of some $60 million in sales of forged artwork, previously believed to be by abstract expressionist artists.
Kyle’s recent administrative law representations include:
- Representing a major science and technology company in an affirmative lawsuit seeking to strike down an unlawful rule change by a local government agency; the client won an initial temporary restraining order for the rule change before winning the Article 78 challenge striking down the rule, averting significant harm to its business.
- Representing a major science and technology company in a state trial court action that challenged New York City’s so-called “cruising cap,” which was struck down as arbitrary and capricious.
Kyle’s significant plaintiff-side representations include:
- Representing a healthcare startup in a three-week jury trial concerning an antitrust action brought against three of the largest dental supply distributors in the country that resulted in the successful resolution of all claims.
- Representing a group of corporate clients for six-plus years in opt-out lawsuits concerning alleged price fixing of products containing LCD Panels (In re TFT-LCD (Flat Panel) Antitrust Litigation), obtaining historic settlements that resolved the action in full and helped the clients to recover amounts far exceeding their claims for single damages.
- Representing a group of corporate clients for six-plus years in opt-out lawsuits concerning alleged price fixing of cathode ray tubes (In re Cathode Ray Tube (CRT) Antitrust Litigation), including as a key member of the appellate team that won a reversal of a $70 million adverse trial court ruling in the Ninth Circuit, ultimately resulting in recoveries far exceeding the clients’ claims for single damages.
- Representing a major healthcare company as a plaintiff in litigation against pharmaceutical manufacturers regarding the drug Provigil (which involved a week-long bench trial regarding collateral issues and resolution of all claims approaching the brink of the jury trial); and in litigation over price-fixing allegations covering more than a hundred generic drugs in In re Generic Drug Price-Fixing Litigation.
Kyle regularly collaborates with Canadian and other international counsel on pending litigations involving his clients, providing a U.S. law perspective across a variety of substantive areas, including competition litigation.
Kyle previously clerked for the Honorable William J. Holloway, Jr. at the U.S. Court of Appeals for the Tenth Circuit. While at the University of Virginia School of Law, he was Executive Editor of the Virginia Sports & Entertainment Law Journal. Prior to law school, Kyle worked as an engineer.