Expertise

Philip J. Smith's extensive practice experience is concentrated in two distinct areas of business law: business tort and commercial/bankruptcy litigation and business transactions, including general contracts and capital/finance contracts. His practice experience regularly involves representing foreign companies or individuals.

In his business litigation practice, Mr. Smith has successfully represented clients in disputes involving business civil RICO claims, business defamation, age discrimination, and enforcement of secured creditor rights, including general breach of contract actions.

Transactionally, Mr. Smith has represented a wide array of business clients. For example, as general counsel to a satellite and direct-line communications company providing services and equipment to off-track betting facilities, Mr. Smith has provided general contract negotiation and documentation, as well as provided documentation for transnational joint venture entities and private placement financing.

Additionally, Mr. Smith has represented a number of banks and financial institutions in asset-based financings, loan documentations and prosecution of secured creditor rights.

Mr. Smith is an instructor of Contract Law at Brooklyn College and has been a featured seminar speaker on the topic of recognition and enforcement of foreign judgments and arbitration awards in the United States. Moreover, he has written several published law review articles on the subject of doing business with Native American tribal entities.

Education

University of South Dakota, J.D., 1988; University of the Pacific, McGeorge School of Law, LL.M., 1991, University of Colorado, Boulder, B.A., 1975; University of South Dakota, M.A., 1990

Admitted

1989, South Dakota, U.S. District Court, District of South Dakota and U.S. Court of Appeals, Eighth Circuit; 1992, New York, New Jersey and U.S. District Court, District of New Jersey; 1994, U.S. District Court, Southern and Eastern Districts of New York; 1995, U.S. Supreme Court

Publications

"Indian Sovereignty and Self Determination: Is a Moral Economy Possible? An Essay," 36 S.D.L. Rev. 299 (1991);
"National Farmers Union and its Progeny: Does it Create a New Federal Court System?" 14 Am. Indian L. Rev. 333 (1989); Note, "Tribal Tax Status Act and the Tax Reform Act of 1986: Current Effect on Indian Tribal Economic Development, 32 S.D.L. Rev. 602 (1987).

Phi Delta Phi (Magister, 1988). Recipient: American Jurisprudence Award in Trust and Wills; Paul Reitz Award. Staff Writer, University of South Dakota Law Review, 1986-1988. Law Clerk to Honorable Andrew W. Bogue, U.S. District Court, District of South Dakota.

Memberships

New York State Bar Association; State Bar of South Dakota.