Mr. Smith is the Co-Chair of the firm’s Antitrust and Competition Practice Group. His practice includes representation of parties before federal and state antitrust enforcement agencies, counseling and litigation, with emphasis on mergers and acquisitions, joint ventures, licensing and distribution arrangements. He counsels clients on a wide range of antitrust issues; many of these clients are in high technology and regulated industries, including the computer, communications, transportation, energy, financial services and health care industries.

Mr. Smith regularly represents parties before both the Antitrust Division of the Department of Justice and the Federal Trade Commission in merger and other antitrust investigations. In addition, he represents parties in antitrust litigation at both the trial and the appellate levels. Mr. Smith also represents clients in matters before the United States Courts of Appeals and the Supreme Court of the United States on a spectrum of issues, ranging from arbitration to federal regulation to constitutional law. Mr. Smith joined Morrison & Foerster in 1983 and is co-chair of the firm's Antitrust Practice Group.

• Represented Inamed Corporation before the Federal Trade Commission in its $3.2 billion merger with Allergan, Inc.
• Represented Oracle Corporation before the Department of Justice in its $10.3 billion tender offer for PeopleSoft.
• Represented Hitachi, Ltd. before the Federal Trade Commission in its $2 billion acquisition of IBM’s hard disk drive business.
• Represented JDS Uniphase before the Department of Justice in its $41 billion acquisition of SDL, Inc.
• Represented amicus curiae in Texaco Inc. v. Dagher, 126 S. Ct. 1276 (2006), and Verizon Communications Inc. v. Law Offices of Curtis V. Trinko LLP, 124 S. Ct. 872 (2004).
• Represented a group of U.S. District Court and Court of Appeals judges in a constitutional challenge arising under Article III, Section 1 of the Constitution. United States v. Hatter, 532 U.S. 557 (2001).