Monica H. Smith

Special Counsel

monica.smith@bakerbotts.com

Dallas

P: +1.214.953.6929
F: +1.214.661.4929
Monica Smith

Monica H. Smith represents companies in complex commercial and intellectual property disputes, including false advertising, breach of contract, trade secrets, trademark, and patent matters. Over the years, she has developed particular experience in consumer class actions challenging the labeling and advertising of consumer goods. Clients in the consumer products, technology, and energy industries benefit from her trial experience in a variety of forums, both federal and state. Outside the courtroom, Monica provides strategic counseling to her clients, with a particular emphasis on counseling in the product labeling space.

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 and prostitution house in West Dallas. She received D CEO's Nonprofit and Corporate Citizenship Award for her work on that matter. She is a Director for the Dallas Women Lawyers Association where she leads Membership efforts for the organization, 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.

Monica is a Dallas native and graduate of the Hockaday School, where she has served on the Alumnae Association Board of Directors.

Related Experience

Consumer Products Class Actions

  • Represented beverage manufacturer in lawsuit filed in the Central District of California challenging the labeling of the company's flavored water.
  • Defended beverage manufacturer in litigation filed in the Northern District of California over the company's labeling of its tea product.
  • Defended beverage manufacturer in action filed in the Northern District of California challenging the labeling and advertising of its ginger ale soda.
  • Represented beverage manufacturer in 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

  • 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.

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