David Smith

David Smith

Location:
West Linn, Oregon
Phone:
503-342-2623
866-986-6312
Email:

David Smith exemplifies the intent of this firm, to care for businesses as people. His experience in advising businesses, contractors, and property owners on transactional matters, as well as handling a wide array of litigation cases, serves as a foundation for what this firm means to its clients and to its community.

David focuses his practice on resolving business and construction disputes. David also advises businesses, contractors, and property owners on transactional matters involving corporate formation and governance, real estate, contract negotiation, and employment matters.

David has successfully resolved product liability cases, construction litigation, UCC debtor/creditor disputes, employment issues, lien and bond claims, and intellectual property matters. David also has extensive experience representing insurance companies and property owners in the recovery of losses due to property damage. David's experience in trial, arbitration, mediation, and settlement negotiations enables him to advise businesses on the many issues that arise under federal and state statutes, or under contract, both to avoid litigation and to ensure a strong defense in the event of a lawsuit.

David has gained his experience in solving complex commercial disputes while representing a wide range of clients, including financial institutions, contractors, developers, property owners, securities brokers, product manufacturers, insurance companies, and business professionals. Combined with his diverse litigation background, David's in-depth knowledge of the legal process enables him to assist his clients in solving disputes that otherwise get in the way of what they know best -- business.

Knowing that the best results depend on the expectations of the client and that each matter may have a different goal, he ensures that each client is provided the level of service required. David has:

  • Successfully represented through trial a general contractor in a Federal Court Miller Act lawsuit.
  • Represented a consulting firm in a $100 million complex professional malpractice lawsuit that was ultimately mediated with a favorable result for the client.
  • Co-arbitrated a National Association of Securities Dealers securities arbitration that resulted in a dismissal of all claims against the client.
  • Represented a variety of manufacturers and high-tech companies in intellectual property disputes over trademarks, trade dress, and copyrights.
  • Represented owners, contractors, developers, engineers, and design professionals in all facets of construction-related litigation, including trial, arbitration, and mediation.
  • Prosecuted ten jury trials as an acting assistant district attorney.
  • Successfully represented insurance companies and their insureds in all facets of disputes, including liability, coverage, subrogation, and inter-company claims.
  • Successfully arbitrated numerous subrogation claims on behalf of insurance companies.

Areas of Practice

  • Banking & Finance Law
  • Business & Commercial Law
  • Contracts
  • Debtor/Creditor
  • Business Organizations
  • Collections
  • Construction Law
  • Employment Law -- Employer
  • Estate Planning
  • Intellectual Property Law
  • Mergers & Acquisitions
  • Probate & Estate Administration
  • Real Estate Law
  • Foreclosure & Alternatives
  • Patents

Bar Admissions

  • Oregon, 1996
  • U.S. District Court District of Oregon, 1996

Education

  • Temple University School of Law, Philadelphia, Pennsylvania
    • J.D. cum laude - 1996
    • Law Review: Staff Member, 1994-1995, Note and Comment Editor, 1995-1996, Temple Law Review, 1994 - 1996
  • University of Washington, Seattle, Washington
    • B.A. - 1992
    • Major: Economics

Published Works

  • Copyright Law -- Application of the Fair Use Defense to Scientific Researchers Employed by a For-Profit Corporation -- American Geophysical Union v. Texaco, Inc.
  • Know Your Lien Rights
  • Attention: Contractors
  • Providers of Labor Beware: Failure to Be Licensed with the CCB Can Cost You
  • Walking the High Wire Without a Safety Net: The Unbonded Federal Project
  • What You See is Not Always What You Get

Professional Associations and Memberships

  • Oregon State Bar, Member
  • Washington State Bar, Member
  • Multnomah County Bar Association, Member
  • Clackamas County Bar Association, Member
  • Home Builders Association, Member
  • West Linn Chamber of Commerce, Member
  • Rotary Club of West Linn, Member