James Smith's experience includes representing commercial and governmental entities in class action matters addressing a wide array of allegations and legal theories, including:

• Consumer fraud, RICO, and contract claims against financial services providers relating to insurance and banking products and practices
• Claims for medical monitoring, personal injury, and property damage for exposure to chemicals
• Consumer fraud, common law fraud, unjust enrichment, and breach of warranty claims against automobile manufacturers relating to the performance and safety of vehicles

Some of his representative engagements include:

• Defeated certification of a putative class of consumers in 39 states alleging deceptive conduct relating to imposition of fuel and environmental fees charged by waste-hauling entities
• Obtained dismissal of two putative class actions alleging antitrust and consumer fraud claims in connection with the sale of homes; plaintiffs asserted their damages were approximately $100 million
• Obtained dismissal of fraud, Interstate Land Sales Act, and contract claims brought by two dozen plaintiffs relating to a large real estate development in Mexico
• Defeated claims of tens of millions of dollars against a professional services entity in connection with the sale of securities by that entity’s client
• In a complex commercial arbitration hearing, defeated claims of underpaying a seller in a large real estate transaction based on an earn-out provision; the arbitration panel rejected the opponent’s claims of $13 million in damages and awarded all fees and costs to the client
• Succeeded in reversing on appeal a $2 million judgment entered against a client as a result of discovery sanctions imposed when predecessor counsel represented the client, leading to a payment exceeding $1 million to the client from the opposing party
• Defended a national insurer against a class action pursuing breach of contract and consumer fraud claims relating to its automobile collision estimating practices 

Mr. Smith regularly represents businesses in complex commercial litigation and arbitration involving allegations of unfair competition, trade secret violations, breach of fiduciary duty, antitrust violations, breach of contract, business torts, and violations of state and federal RICO laws.

Bar and Court Admissions

Arizona, 1995

United States Court of Appeals for the Ninth Circuit

United States District Court for the District of Arizona

Education

University of Notre Dame, J.D., cum laude, 1995

Arizona State University, B.S., summa cum laude, Phi Beta Kappa, 1992

Publications

• "Important Limits on Class Action Arbitration Waivers," DRI Today online, February 6, 2012 
• "Plaintiffs' Efforts To Use Discovery To Circumvent Concepcion And Class Waivers In Arbitration," DRI Today online, October 5, 2011
• "Enforcement and Rejection of Class Action Waivers in Arbitration Provisions Since Concepcion," DRI Today online, September 26, 2011
• "Reviving Arbitrations in Class Actions," DRI Today online, September 13, 2011
• "The Second Circuit Complicates The Issue Of Classwide Arbitration After Stolt-Nielsen," DRI Today online, August 9, 2011
• Editor and contributing author, DRI Defense Library Series Class Action Compendium 2011
• "Expanding Civil Liability Under RICO: The Second Circuit's Surprising Answer to the Supreme Court's 2006 Anza Opinion," DRI Today online, June 30, 2011
• "Supreme Court Substantially Limits Federal District Courts' Ability to Enjoin Similar Class Actions in State Courts," DRI Today online, June 16, 2011 
• "The Supreme Court Limits the Scope of Who 'Makes' a False Statement Under Securities Law," DRI Today online, June 14, 2011
• "Supreme Court Resolves Circuit Split Regarding Loss Causation in Securities Fraud Class Actions," DRI Today online, June 6, 2011
• "AT&T Mobility LLC v. Concepcion Likely Isn't the Final Word on Class Action Arbitration Waivers," DRI Today online, May 16, 2011
• "This Just In - SCOTUS Rules in Favor of the Defense," DRI Today online, April 27, 2011
• "Recent Development In Arbitration Case Law From The United States Supreme Court," The Business Suit, October 2010
• "Supreme Court Rules Against National Football League In Antitrust Opinion," May 2010
• "Defending Against RICO Class Action Claims Following Bridge v. Phoenix Bond & Indemnity," For The Defense, May 2010
• "Private Property Protection Legislation and Original Understandings of the Takings Clause: Can They Co-Exist?," 21 J. Legis. 93 (1995)

Speeches and Seminars

• "Expert Reports and Limits of Discovery of Draft Expert Reports and Communications Under the new Federal Discovery Rules," 2012 District of Arizona Conference, Phoenix, Arizona, March 30, 2012
• “Class Action Fairness Act: An Update; Emerging Trends in Class Litigation and CAFA Interpretation” Webinar, Class Action Monitor, Securities Class Action Reporter and the Legal Publishing Group of Strafford Publications, Phoenix, Arizona

Professional Affiliations

• Defense Research Institute Class Action Specialized Litigation Group – Member
• Defense Research Institute – Member, Industry-Wide and Toxic Tort Litigation Committees
• Federal Bar Association
• Maricopa County Superior Court – Judge Pro Tempore
• State Bar of Arizona Civil Practice and Procedure Committee - Member

Civic Involvement and Honors

• AB Top Lawyers – Product Liability, Arizona Business Magazine, 2008-2009
• Arts & Business Council of Greater Phoenix – Former Board Member